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Content type: Long Read
This piece was originally published in Just Security in November 2017.
The upcoming expiration of Section 702 of the Foreign Intelligence Surveillance Act (FISA) has launched a fresh wave of debate on how the statute’s “backdoor search loophole” allows the U.S. government to access Americans’ communications by searching information gathered on foreign intelligence grounds without a warrant. But while discussion about domestic information sharing is important, a critical…
Content type: Long Read
This piece was originally published in Just Security in August 2017
We recently published an analysis in Lawfare of the United Kingdom’s surveillance framework as it relates to the proposed U.S.-U.K. agreement for cross-border law enforcement data requests. Implementing the U.S.-U.K. agreement is subject to passage of draft legislation proposed by the Justice Department to Congress in July 2016 (“U.S. DOJ legislation”), which will set standards that approved partners like the U.K.…
Content type: Long Read
This piece was originally published in Lawfare in July 2017.
The United Kingdom has been a key partner in the United States’ efforts to reform the process that law enforcement officials use to make cross-border requests for data. These efforts address both foreign governments’ requests for data stored in the U.S. and reciprocal requests by the U.S. government for data stored abroad. As part of these efforts, the U.S. and the U.K. have negotiated a draft bilateral agreement (“U…
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This piece was originally published in Lawfare in May 2017.
This post is part of a series written by participants of a conference at Georgia Tech in Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives.
Cross-border law enforcement demands have become increasingly important to law enforcement in the digital age. Digital evidence in one jurisdiction—such as the United States—is often necessary to investigate a crime that has effects in another jurisdiction…
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Disclaimer: This piece was written in April 2017. Since publishing, further information has come out about Cambridge Analytica and the company's involvement in elections.
Recently, the data mining firm Cambridge Analytica has been the centre of tons of debate around the use of profiling and micro-targeting in political elections. We’ve written this analysis to explain what it all means, and the consequences of becoming predictable to companies and political campaigns.
What does…
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Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content type: Long Read
This piece was orignally published in Slate in February 2017
In 2015, the FBI obtained a warrant to hack the devices of every visitor to a child pornography website. On the basis of this single warrant, the FBI ultimately hacked more than 8,700 computers, resulting in a wave of federal prosecutions. The vast majority of these devices—over 83 percent—were located outside the United States, in more than 100 different countries. Now, we are in the midst of the first cases…
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The use of IMSI catchers[1] to arrest individuals is rarely documented — as IMSI catchers are used secretively in most countries. The arrest of Colombian drug lord Henry López Londoño in Argentina is therefore a rare opportunity to understand both how IMSI catchers are used, and also the complexity of their extraterritorial use.
In October 2012, Londoño — also known as Mi Sangre (“My Blood”) — was arrested in Argentina. His arrest was the result of cooperation between the Dirección de…