EPIC

NSA Spying in the Courts

The National Security Agency’s collection of every American’s telephone dialing information is hotly contested in the court of public opinion and in Congress. It is now seeing its first test in the courts since its existence was revealed.

The Electronic Privacy Information Center, arguing that it has no other recourse, has filed an extraordinary appeal to the Supreme Court of the order requiring Verizon to turn over telephone calling information en masse to the government. EPIC is a Verizon customer that communicates by telephone with confidential sources, government officials, and its legal counsel.

Cato senior fellow and Georgetown University law professor Randy Barnett joined me this week on a brief to the Court urging it to accept the case so it can resolve statutory and constitutional issues that have “precipitated a juridical privacy crisis.”

The brief first argues that the Foreign Intelligence Surveillance Act does not authorize a sweeping warrant for all communications data. The law requires such a warrant to show relevance to an existing investigation, which is impossible when the data is gathered in support of future, entirely speculative investigations. Not only the text of the statute, but Congress’s intent and the structure of the statute support this interpretation.

Comment on TSA Strip-Search Machine Policy—And Attend Our Event April 2nd

You can now comment on the TSA’s proposed rule regarding its use of strip-search machines on American travelers at our nation’s airports.

Under a July 2011 court order requiring it to do so, the TSA finally proposed the rule that explains its airport procedures with respect to strip-search machines. You can now know your rights and obligations in that process, how to opt-out of the strip-search machines, and where to register complaints if you feel you’ve been treated badly.

Where to Report and Discuss TSA Abuses

With the TSA sticking by its policy of requiring select air travelers to submit to visual observation or physical touching of their private areas before they can fly, a number of groups are collecting reports and facilitating public discussion.

Silicon Valley Doesn’t Care About Privacy, Security

That’s the buzz in the face of the revelation that a mobile social network called Path was copying address book information from users’ iPhones without notifying them. Path’s voluble CEO David Morin dismissed this as a problem until, as Nick Bilton put it on the New York TimesBits blog, he “became uncharacteristically quiet as the Internet disagreed and erupted in outrage.”

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