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Articles by Jadzia Butler
Future of Privacy Forum: Privacy Papers for Policymakers 2018
On the heels of the Federal Trade Commission’s (“FTC”) third annual “PrivacyCon,” the Future of Privacy Forum hosted its eighth annual “Privacy Papers for Policymakers” event on Capitol Hill—a gathering in which academics present their original scholarly works on privacy-related topics to D.C. policy wonks who may have a hand in shaping laws and regulations at the local, federal, and international level.
CBP Electronic Device Searches
Last week, U.S. Customs and Border Protection (“CBP”) released a revised Directive governing searches of electronic devices at the border. These are the first official revisions CBP has made to its guidelines and procedures for devices since its 2009 Directive. The new Directive is intended to reflect the evolution of technology over the intervening decade, and CBP’s corresponding need to update its investigative techniques.
FTC Twitter Chat: Influencers 101
Earlier this month, the FTC settled with two social media influencers for failing to provide adequate disclosures in their promotions of their company, and issued 21 warning letters to other influencers it felt continued to violate the FTC Endorsement Guidelines in spite of the educational letters the FTC had sent earlier this year.
Advocacy Groups Urge FCC to End Data Retention Mandate
On April 24th, the Electronic Privacy Information Center (“EPIC”) and a coalition of 37 other civil society groups sent a letter urging the Federal Communications Commission (“FCC”) to act on an August 2015 petition to repeal the FCC’s data retention mandate under 47 C.F.R. §42.6 (“Retention of Telephone Toll Records”).
House Democrats Propose Three Bills that Would Bolster FCC Influence over Cybersecurity
On March 2nd, Democratic members of the House Energy and Commerce Committee introduced three pieces of legislation that would expand the Federal Communications Commission’s (FCC) authority over the cybersecurity practices of communications network providers. The first bill, the “Securing IoT Act of 2017” (introduced by Rep.
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies – Section 702 of the Foreign Intelligence Surveillance Act (FISA) – is scheduled to expire on December 31, 2017. In recent months, Congress began to review these programs to assess whether to renew, reform, or retire section 702.
The Supreme Court’s Troubling Neglect of Courts-Martial
Later this year, the Supreme Court will decide whether to take up the case of Akbar v. United States — in which the Petitioner is seeking review of a capital court-martial conviction on the ground that the means by which the military imposes the death penalty is unconstitutional.
U.S. Supreme Court Endorses Government Hacking
PREVIOUS UPDATE: The recently proposed Stopping Mass Hacking Act (SMH Act), cosponsored by Senators Ron Wyden (D-OR), Rand Paul (R-KY), Tammy Baldwin (D-WI), Steve Daines (R-MT) and Jon Tester (D-MT), and its companion in the House (co-sponsored by Congressmen Ted Poe (R-TX), John Conyers (D-MI), Blake Farenthold (R-TX) and Zoe Lofgren (D-CA)) would stop the changes to Rule 41 described below from going into effect.
From Self-Help “Skeet Shooting” to DHS Guidance for Law Enforcement: Regulation of Drones Is a Bumpy Ride
When William Merideth allegedly witnessed an Unmanned Aircraft System (a.k.a. “drone”) hovering over his property while his 16-year-old daughter sunbathed in the garden, he promptly took out his 12-gauge shotgun and blew it out of the sky. In the wake of the subsequent criminal charges against him, the self-proclaimed “Drone Slayer” proudly asserted that his act was justified, and that he’d readily do it again.
Guide To Cybersecurity Information Sharing Act Amendments
The Senate is expected to resume consideration of the Cybersecurity Information Sharing Act (CISA, S. 754) on Monday, October 26. Though a Managers’ Substitute to the bill made some improvements, CDT opposes the bill because it: None of the pending amendments will fix these fundamental flaws in the legislation. However, rejection of the Cotton amendment, and adoption of the other pending amendments, would diminish some of the damage the bill would do to privacy.
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