George Croner details the history, structure, legal requirements, and intelligence value of the Section 702 surveillance program and explains why the reauthorization of Section 702 is both perpetually challenging—and particularly challenging in 2023. Croner identifies the most likely criticisms of Section 702 and examines the sources and merits of these critiques including in light of… Continue reading FISA Section 702’s Challenging Passage to Reauthorization in 2023
Category: Big Data
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