Category: Privacy Law
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FISA and the USA PATRIOT Act: Reforms and Legal Implications
By Lizzie Evanko — Congress passed the Foreign Intelligence Surveillance Act (FISA) in 1978, in an effort to establish a legal framework for the physical and electronic surveillance of foreign entities. FISA allowed the federal government to collect intelligence on any foreign power (or agent of a foreign power) suspected of terrorism or espionage. The…
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Electronic Surveillance, the Fourth Amendment, and the NYPD’s “Muslim Surveillance Program”
By Annie Akbar — In a letter to James Madison after the French Revolution had begun, Thomas Jefferson wrote, “The earth belongs always to the living generation… Every constitution, then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of…
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The Content-Specific Doctrine: The Right to be Secure in Digital Effects
By Xander de los Reyes — The Fourth Amendment’s original intent was to protect Americans from unreasonable searches and seizures. At the time they were drafting the Constitution, the Founding Fathers remembered these violations of privacy as physical trespasses committed by British officials against colonists. This raises the question: Were the seizures of letters from…
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When Two Worlds Collide: Evaluating Free Speech and National Security Claims around Trump’s WeChat Ban
By Nalin Ranjan — Immigrants have come a long way from hopelessly striving toward the 20th-century ideal of full assimilation into American society. Descendants of Jewish immigrants, whom many believed could not be trusted, can now proudly take credit for developments in the sciences, politics, medicine, and the arts; blossoming Chinatowns have replaced enclaves that…
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It’s Not Just Me, It’s Also You: How Shared DNA Complicates Consent
By Ethan Magistro — With just a sample of your DNA, you, your immediate family members, and many other distant relatives can be identified. Your genetic information can be used to determine you and your families’ insurance policies, expose medical conditions you didn’t even know you had, and, in the worst case, be used to…