October 10, 2024

On the Legal Importance of Viewing Genes as Code

The Supreme Court yesterday issued its opinion in the much–awaited Myriad case, which challenged the validity of patents on isolated human genes. The Court held that the isolated genetic sequences claimed in Myriad’s patents did not satisfy the inventive threshold for patentability, although the complementary DNA (cDNA) claimed in the patents did. One of the […]

Do Judges Play a Role After the NSA Call Records Have Been Collected?

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

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

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 […]

Twenty-First Century Eavesdropping

Yesterday’s revelations about widespread government data collection led me to re-read my nine-post series on “Twenty-First Century Eavesdropping” from back in 2006. I was surprised to see how closely that discussion fit the current facts. Links to the 2006 posts: 1, 2, 3, 4, 5, 6, 7, 8, 9