February 2, 2023

Judge Declares Some PACER Fees Illegal but Does Not Go Far Enough

Five years ago, in a post called “Making Excuses for Fees on Electronic Public Records,” I described my attempts to persuade the federal Judiciary to stop charging for access to their web-based system, PACER (“Public Access to Court Electronic Records”). Nearly every search, page view, and PDF download from the system incurs a fee ranging […]

(Mis)conceptions About the Impact of Surveillance

Does surveillance impact behavior? Or is its effect, if real, only temporary or trivial? Government surveillance is back in the news thanks to the so-called “Nunes memo”, making this is a perfect time to examine new research on the impact of surveillance. This includes my own recent work, as my doctoral research at the Oxford Internet Institute, […]

On Encryption, Archiving, and Accountability

“As Elites Switch to Texting, Watchdogs Fear Loss of Accountability“, says a headline in today’s New York Times. The story describes a rising concern among rule enforcers and compliance officers: Secure messaging apps like WhatsApp, Signal and Confide are making inroads among lawmakers, corporate executives and other prominent communicators. Spooked by surveillance and wary of […]

Questions for the FBI on Encryption Mandates

I wrote on Monday about how to analyze a proposal to mandate access to encrypted data. FBI Director James Comey, at the University of Texas last week, talked about encryption policy and his hope that some kind of exceptional access for law enforcement will become available. (Here’s a video.)  Let’s look at what Director Comey […]

How to Analyze An Encryption Access Proposal

It looks like the idea of requiring law enforcement access to encrypted data is back in the news, with the UK government apparently pushing for access in the wake of the recent London attack. With that in mind, let’s talk about how one can go about analyzing a proposed access mandate. The first thing to […]