Yesterday the U.S. government released a previously-secret 2011 opinion of the Foreign Intelligence Surveillance Court (FISC), finding certain NSA surveillance and analysis activities to be illegal. The opinion, despite some redactions, gives us a window into the interactions between the NSA and the court that oversees its activities—including why oversight and compliance of surveillance are […]
Groklaw Shuts Down, Citing NSA Eavesdropping
August 21, 2013 by
The legendary technology law blog Groklaw is shutting down. Groklaw’s founder and operator, Pamela “PJ” Jones, wrote that in light of current eavesdropping, email is no longer secure. She went on to say: There is no way to do Groklaw without email. Therein lies the conundrum. […] What to do? I’ve spent the last couple […]
Do Judges Play a Role After the NSA Call Records Have Been Collected?
June 12, 2013 by
Those who defend the NSA’s massive call records collection program point out that although the program allows indiscriminate data collection, it also meaningfully restricts data analysis and use. They note, in particular, this paragraph from Director of National Intelligence Clapper’s June 6, 2013, press release: By order of the FISC, the Government is prohibited from […]
51% foreign test doesn't protect Americans
June 10, 2013 by
One of the notable claims we have heard, in light of the Verizon / PRISM revelations, is that data extraction measures are calibrated to make sure that 51% or more of affected individuals are non-U.S. persons. As a U.S. person, I don’t find this at all reassuring. To see why, let’s think about the underlying […]
Revisiting the potential hazards of the 'Protect America' act
June 8, 2013 by
In light of recent news reports about NSA wiretapping of U.S. Internet communications, folks may be interested in some background on the ‘warrantless wiretapping’ provisions of the Protect America act, and the potential security risks such wiretapping systems can introduce. Here’s a 2007 article a group of us wrote entitled “Risking Communications Security: Potential Hazards […]
