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Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance

Legal Analysis

Legal Analysis

Unnecessary and Disproportionate: How the NSA Violates International Human Rights Standards

Even before Ed Snowden leaked his first document, human rights lawyers and activists were concerned about law enforcement and intelligence agencies spying on the digital world. One of the tools developed to tackle those concerns was the development of the International Principles on the Application of Human Rights...

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New Ninth Circuit Opinion Calls into Question Blind Reliance on License Plate Camera IDs

The Ninth Circuit Court of Appeals has put police on notice: an automatic license plate reader (ALPR) alert, without human verification, is not enough to pull someone over.
Last week, the appellate court issued an important opinion in Green v. City & County of San Francisco, a civil...

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Hidden in Plain Sight: the European Court of Justice Opts for Scattergun Censorship

The European Court of Justice has been taking a stronger role this year in calculating how human rights apply to new technology, most recently with decisions repealing the EU's digital data retention directive. Now, in Google Spain v. Mario Costeja González, it has outlined how Europeans might have...

Criminal Defendants Should Have Chance to Review FISA Materials, EFF and ACLU Argue in Amicus Brief

In the 36-year existence of the Foreign Intelligence Surveillance Act (FISA), the government has never disclosed classified FISA materials—the specific applications for surveillance and the factual affidavits that support the surveillance request—to a criminal defendant. That all changed in January 2014 when a federal judge in Chicago ordered the...

Pols to Ad Networks: Pretend We Passed SOPA, and Never Mind About Violating Antitrust Law

A group of United States Senators and Representatives is asking Internet advertising networks to create a blacklist of alleged "piracy sites" and refuse to serve ads to those sites. If this idea sounds familiar, that's probably because it was an integral part of the infamous...

Officer Friendly Asks: "May I Search Your Digital Device?"

Government Plays Fast and Loose with Technology in Supreme Court Cell Phone Cases

The U.S. Supreme Court earlier this week heard oral argument in two cases involving whether the police, after arresting someone, can search his or her cell phone without a search warrant. Although the police have been allowed to do a limited search of a person after they’ve been arrested, this...

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