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
Category: Privacy
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
Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act
With a growing number of US companies storing their electronic data across country lines, US law enforcement agencies are left with the difficult task of trying to access electronic evidence stored outside of their physical jurisdictions. In response, Congress passed the Clarifying Lawful Overseas Use of Data Act (Cloud Act) in 2018 to provide the… Continue reading Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act