TikTok v. Trump and the Uncertain Future of National Security-based Restrictions on Data Trade

In recent years, foreign bulk data collection of US citizens’ personal data has emerged as a new and increasing national security threat. The ability of foreign adversaries to collect—and in some cases, buy outright—US person data is officially governed by IEEPA and CFIUS. Bernard Horowitz and Terence Check argue that these regulatory frameworks are ill-suited… Continue reading TikTok v. Trump and the Uncertain Future of National Security-based Restrictions on Data Trade

Layered Opacity: Criminal Legal Technology Exacerbates Disparate Impact Cycles and Prevents Trust

Predictive policing tools used widely by law enforcement agencies attempt to identify where crime will happen before it does. These analyses determine police deployment, and ultimately, arrest data. In this article, Ben Winters highlights how risk assessment tools use that data, combined with various other inputs, to determine detention, bail, sentencing, parole, and more which… Continue reading Layered Opacity: Criminal Legal Technology Exacerbates Disparate Impact Cycles and Prevents Trust

Is the Fourth Amendment Really for Sale? The Defense Intelligence Agency’s Purchase of Commercially Available Data

By US Army Maj. Steven Szymanski Introduction The commercial data market has exploded.  Data has even been dubbed “the oil of the 21st century.”[1]  Aiming to capitalize on this blossoming industry, data brokerage companies have emerged to collect, collate, and sell personal data from nearly everyone who uses the Internet.[2]  New online data auctions occur… Continue reading Is the Fourth Amendment Really for Sale? The Defense Intelligence Agency’s Purchase of Commercially Available Data