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Cloud Act Implementation Issues

The CLOUD Act, which became law in March 2018, will pose a number of implementation challenges to the U.S. Department of Justice. Here are 11 key issues that the DOJ will have to face in connection with its implementation of the CLOUD Act.

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State Department Should Abandon Its Plan to Collect Social Media Information From 14.7 Million Visa Applicants

In March the State Department issued a notice proposing that all immigrant and nonimmigrant visa applicants be required to provide their social media identifiers “for identity resolution and vetting purposes.” CDT filed comments opposing this latest social media information request, and highlighted that it would chill free speech, fail to detect threats, and lead to unintentionally incomplete applications, adverse determinations, and problematic algorithmic screening.

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Oakland Shows Leadership in Passing Strong Surveillance Law

Ubiquitous surveillance has the potential to chill speech, limit our freedom of association, and disrupt the personal boundaries we should enjoy, even while in public. The city of Oakland recognized this and has demonstrated great leadership in recently passing a strong surveillance oversight law. The law gives fundamental oversight abilities to Oakland citizens for the technology that could be used by the government to monitor them.

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Ethically Scraping and Accessing Data: Governments Desperately Seeking Data

As cities get smarter, their appetite and access to information is also increasing. The rise of data-generating technologies has given government agencies unprecedented opportunities to harness useful, real-time information about citizens. But governments often lack dedicated expertise and resources to collect, analyze, and ultimately turn such data into actionable information, and so have turned to private-sector companies and academic researchers to get at this information. As the maze of partnerships among public officials, private companies, academics, and independent researchers becomes more tangled, a clear path out of the status quo may be challenging. On-demand platforms, as they continue to disrupt local economies, continue to be a significant flashpoint.

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CDT Urges Court to Uphold Fourth Amendment Protections for Email Content

Recently, CDT joined the Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and the Brennan Center for Justice in a brief to argue that a user’s Fourth Amendment rights in email content do not expire when an email service provider terminates a user’s account pursuant to its terms of service. The government must still obtain a warrant prior to searching that user’s email account. The case is United States v. Ackerman, in which a district court determined – based on those facts – that a warrant was unnecessary to access email content because termination of the account vitiated the account holder’s reasonable expectation of privacy in his email. The case was appealed and we filed an amicus brief opposing this holding.

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