Category Archives: Big Data

Equifax hack

Equi-Failure: The National Security Implications of the Equifax Hack and a Critical Proposal for Reform

By McKay Smith & Garrett Mulrain

The Equifax hack, which impacted nearly half of the U.S. population, should be viewed as a triggering event for worthwhile government reform and increased public-private cooperation, creating a model that is both scalable and adaptable to multiple industries. Framed by the Equifax data breach, McKay Smith and Garrett Mulrain focus the reader on the national security implications of attacks on the American consumer economy, perpetrated by cybercriminals and hostile nation states. This article provides a detailed analysis of government oversight efforts and contains a novel and creative proposal for reform, intended to serve as a blueprint for widespread, whole-of-government action. In a pragmatic call for reform, Smith and Mulrain recommend seven concrete steps that government can take to demonstrate a renewed commitment to protecting its data, and the data of its private citizens, from malicious foreign adversaries.

Before Privacy, Power

Before Privacy, Power: The Structural Constitution & the Challenge of Mass Surveillance

The rich legal literature that has grown up to assess the constitutionality of bulk communications collection by the government has focused overwhelmingly—and understandably—on the challenge such programs pose to particular claims of individual right against the state, yet attempting to describe what seems troubling about bulk collection in terms of individual rights alone has significant doctrinal and conceptual limits.

data across borders

Law Enforcement Access to Data Across Borders: The Evolving Security & Rights Issues

Jennifer Daskal describes the challenges facing law enforcement access to data across borders and examines the legal and political issues at stake in formulating clear standards for cross-border access to data. Daskal also presents possible mechanisms for establishing a framework for law enforcement access to content and non-content data in foreign jurisdictions.