Category Archives: Civil Liberties

Take the George Washington Pledge

Harold Feld launches it:

“I pledge to give to bigotry no sanction, to persecution no assistance. I pledge to work toward a world where everyone may sit under their own vine and fig tree, and there shall be none to make them afraid. A world that scatters light and not darkness in our paths, and makes us all in our several vocations useful here, and in due time and way everlastingly happy.”

Also 20 ideas on how to navigate the coming times from Yale History Prof. Timothy Synder. Here are just the first three:

1. Do not obey in advance. Much of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then start to do it without being asked. You’ve already done this, haven’t you? Stop. Anticipatory obedience teaches authorities what is possible and accelerates unfreedom.

2. Defend an institution. Follow the courts or the media, or a court or a newspaper. Do not speak of “our institutions” unless you are making them yours by acting on their behalf. Institutions don’t protect themselves. They go down like dominoes unless each is defended from the beginning.

3. Recall professional ethics. When the leaders of state set a negative example, professional commitments to just practice become much more important. It is hard to break a rule-of-law state without lawyers, and it is hard to have show trials without judges.

Posted in Civil Liberties, Trump | 2 Comments

Vindicating Your Voting Rights

voting-rights

If you feel your right to vote has been impeded by a “poll watcher” or anyone else, call 800 253-3931 to reach the FBI Civil Rights Division hotline.

Posted in 2016 Election, Civil Liberties, Law: Elections | Leave a comment

How Snowden Might Hurt Privacy

In addition to the good things Edward Snowden did by alerting us to the reality of NSA surveillance, there is one way in which I think his revelations may hurt privacy. This is not to say that on balance his revelations were unjustified, just that there’s a complexity about the long-run consequence of his disclosure that we should keep an eye on.

Before Snowden, the fact of NSA’s collection was a very highly protected secret. Consequently, there was only limited data sharing with law enforcement, and then only on condition that the fact of the NSA’s role never show up in court. Now that the cover is blown, so to speak, we should expect not only covert inter-agency data sharing to increase, but also a prohibition on letting it into court. Maybe not open court, but perhaps in a closed hearing, or secret brief. Likely beneficiaries are the DEA, the FBI, and maybe even some local cops in big target cities like New York or DC?

So, perversely, I expect Snowden’s revelations to have a limited negative consequence for privacy to balance against however we measure the positives.

Note: I could have sworn I posted something about this previously, but EPIC‘s Marc Rotenberg said he hadn’t seen it, and I couldn’t find it, so this one’s for you Marc.

Posted in Civil Liberties, Law: Criminal Law | Leave a comment

Speaking at 3 to National Academy Panel

I’m on the (token?) Privacy session for a day-long event organized by a panel of the National Academies of Science on “Improving Federal Statistics for Policy and Social Science Research Using Multiple Data Sources and State-of-the-Art Estimation Methods.” In other words, how to get the government in on the big data bandwagon.

My panel is moderated by EPIC’s Marc Rotenberg, and also features IBM’s Jeff Jonas. I’ve attached my slides for the talk on privacy issues with sensor data collection.

The event open to the public, and runs all day at the Keck Center, 500 Fifth St.NW, Room 100, Washington DC. Come along if you are in the neighborhood.

Posted in Surveillance, Talks & Conferences | Leave a comment

My New Paper May Make Some of My Friends Angry

Building Privacy into the Infrastructure: Towards a New Identity Management Architecture comes to what I fear some of my friends in the privacy community will find to be an unacceptable conclusion.

I’ll be presenting it at the Privacy Law Scholars Conference in Washington next week. Hopefully, since many attendees are in fact friends, they won’t bring brickbats.

Posted in Cryptography, Econ & Money, Law: Internet Law, Law: Privacy, Surveillance, Talks & Conferences | Leave a comment

Drone Debate

In a Wall Street Journal debate today I argue that drones should not be allowed to overfly private property without the inhabitant’s consent due to the privacy risks, the consequent erosion of the 4th Amendment, and other dangers. This echoes some of the arguments in Self-Defense Against Robots and Drones, the recent Connecticut Law Review article I wrote with Zak Colangelo.

Ryan Calo gives the other side, arguing that overflights should be allowed in order to spur innovation. I think the WSJ sees him as the Bolshevik here, as they sum up the debate like this:

A. Michael Froomkin, the Laurie Silvers and Mitchell Rubenstein distinguished professor of law at the University of Miami School of Law, says that drones pose a huge threat to security and privacy, and that property owners should be able to keep them from flying over their land. Ryan Calo, an assistant professor of law at the University of Washington, says decisions about where and when drones can fly should be made collectively, not by individual landowners.

Who would have imagined I’d be the right-winger in a debate on the pages of the Wall Street Journal? I suspect that my former boss, Judge Stephen F. Williams, would be quite amused, although he’d probably describe it as vindication.

Posted in Law: Privacy, Robots, Surveillance | Leave a comment