June 25, 2017

On distracted driving and required phone searches

A recent Arstechnica article discussed several U.S. states that are considering adding a “roadside textalyzer” that operates analogously to roadside Breathalyzer tests. In the same way that alcohol and drugs can impair a driver’s ability to navigate the road, so can paying attention to your phone rather than the world beyond. Many states “require” drivers to consent to Breathalyzer tests, where that “requirement” boils down to serious penalties if the driver declines. Vendors like Cellebrite are pushing for analogous requirements, for which they just happen to sell products.
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Apple, FBI, and Software Transparency

The Apple versus FBI showdown has quickly become a crucial flashpoint of the “new Crypto War.” On February 16 the FBI invoked the All Writs Act of 1789, a catch-all authority for assistance of law enforcement, demanding that Apple create a custom version of its iOS to help the FBI decrypt an iPhone used by one of the San Bernardino shooters. The fact that the FBI allowed Apple to disclose the order publicly, on the same day, represents a rare exception to the government’s normal penchant for secrecy.

The reasons behind the FBI’s unusually loud entrance are important – but even more so is the risk that after the present flurry concludes, the FBI and other government agencies will revert to more shadowy methods of compelling companies to backdoor their software. This blog post explores these software transparency risks, and how new technical measures could help ensure that the public debate over software backdoors remains public.
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U.S. Citizenship and N.S.A. Surveillance – Legal Safeguard or Practical Backdoor?

The main takeaway of two recent disclosures around N.S.A. surveillance practices, is that Americans must re-think ‘U.S. citizenship’ as the guiding legal principle to protect against untargeted surveillance of their communications. Currently, U.S. citizens may get some comfort through the usual political discourse that ‘ordinary Americans’ are protected, and this is all about foreigners. In this post, I’ll argue that this is not the case, that the legal backdoor of U.S. Citizenship is real and that relying on U.S. citizenship for protection is not in America’s interests. As a new CITP Fellow and a first time contributor to this amazing blog, I’ll introduce myself and my research interests along the way.   [Read more…]