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:
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
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.
Initial reactions to today's oral argument in Carpenter v. United States.
What does the Fourth Amendment protect? Professor Orin Kerr takes a closer look.
Orin Kerr shares his observations on Carpenter v. United States, a case concerning whether the Fourth Amendment applies to government collection of historical cell-site records.
The European Commission, in its first review of the EU-U.S. Privacy Shield framework, has determined that the U.S. is in compliance. This post summarizes the EC’s findings and recommendations.
This fall the Supreme Court will reconsider the Fourth Amendment “third-party doctrine” in Carpenter v. United States; the court’s decision implicate both the reauthorization of FISA Section 702 and international privacy regulation.
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