The Microsoft warrant case in the Supreme Court involves a demand by the U.S. government that Microsoft repatriate content data stored in a data center in Ireland and provide it to DOJ. The case raises a number of deeply interesting and complex issues about law enforcement cooperation; extraterritoriality of Ameican law; commercial matters; data privacy concerns; and implications for reciprocal sovereignity in a digitized world. Along with many far more notable former officials, I joined an amicus brief filed the other day in support of neither party. Here's a copy:
Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Fellow at the R Street Institute. He is also a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University and an Adjunct Lecturer at Northwestern University.
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The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change. This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes. Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.
One of the great challenges in life is that the ABA annual conference on national security law is usually cross-scheduled at the same time as the Federalist Society convention. Typically, I go to the ABA event (as I did this year) and try to find video of interesting panels from the FedSoc to watch. Here is one, on "Comparative Counterterrorism Surveillance and Cooperation" that would be of interest to Lawfare readers.
I am pleased to announce that today I started a new affiliation as a Senior Fellow at the R Street Institute. R Street is a self-described "free-market think tank with a pragmatic approach to public policy challenges." What does that mean? As they say, "we recognize that public goods, natural monopolies and externalities are real concerns that governments must sometimes address.
The American Bar Association has released the second edition of it's handbook for professionals. Entitled (rather unimaginatively :-)), "The ABA Cybersecurity Handbook: A Resource for Attorneys, Law Firms, and Business Profession
Melissa Hathaway was a senior cybersecurity adviser to President George W. Bush and led President Barack Obama's cyberspace policy review. She always has something intersting to say. For a slow Sunday as await the start of a busy week, here is a conversation she had a the United Nations University in Japan a few weeks ago: