Privacy

As a U.S. senator and presidential candidate, Barack Obama pledged to "strengthen privacy protections for the digital age."

But it wasn't until today, nearly two years after taking office, that the president finally began appointing members of a Privacy and Civil Liberties Oversight Board.

Obama's first two picks: Jim Dempsey, vice president of the Center for Democracy and Technology, and Elisebeth Cook, a former assistant attorney general under President Bush now in private practice at the Freeborn and Peters law firm. The positions are subject to Senate confirmation.

A 2007 law requires Obama to appoint … Read more

The Commerce Department today edged toward endorsing new federal laws regulating companies' data collection practices and requiring that customers be notified of data breaches.

In an 88-page report (PDF), the department also suggested rewriting a 1986 privacy law to address "privacy protection in cloud computing and location-based services," but didn't offer any details. That broad approach is backed by tech companies including Google, Microsoft, AT&T, and eBay, but is likely to be opposed by the Justice Department.

All of these ideas have been advanced before, of course: California's data breach notification law took effect … Read more

Editors' note: This is a guest column. See Larry Downes' bio below.

There was good news yesterday for Internet intermediaries and other cloud-computing service providers. In a highly readable decision (PDF) from Judge Danny Boggs of the Sixth Circuit Court of Appeals, the court held that key provisions of the Stored Communications Act are unconstitutional. The case is U.S. v. Warshak.

Under SCA, law enforcement agents can compel Internet service providers to disclose the contents of private communications they hold on behalf of users. Such communications include, of course, personal and business e-mail, along with other documents, photos, and … Read more

Allegations that the FBI surreptitiously placed a back door into the OpenBSD operating system have alarmed the computer security community, prompting calls for an audit of the source code and claims that the charges must be a hoax.

The report surfaced in e-mail made public yesterday from a former government contractor, who alleged that he worked with the FBI to implement "a number of back doors" in OpenBSD, which has a reputation for high security and is used in some commercial products.

Gregory Perry, the former chief technologist at the now-defunct contractor Network Security Technology, or NETSEC, said … Read more

Just when you thought it was safe to enter an airplane, along comes some professor to tell you that it may not be quite so.

For it seems that, despite the entrance of body scanners and their piercing gaze on every last element of your junk (reference embedded for those who missed it), these machines might not be foolproof.

According to Fox News, two professors at the University of California, San Francisco--Leon Kaufman and Joseph W. Carlson--have released a learned document that suggests it might be depressingly simple to fool a body scanner.

"It is very likely that a … Read more

Police must obtain search warrants before perusing Internet users' e-mail records, a federal appeals court ruled today in a landmark decision that struck down part of a 1986 law allowing warrantless access.

In case involving a penile-enhancement entrepreneur convicted of fraud and other crimes, the Sixth Circuit Court of Appeals said that the practice of warrantless access to e-mail messages violates the Fourth Amendment, which prohibits "unreasonable" searches and seizures.

"Given the fundamental similarities between e-mail and traditional forms of communication, it would defy common sense to afford e-mails lesser Fourth Amendment protection," the court ruled … Read more

Google's legal headache spurred by its Street View project shows no signs of easing.

Connecticut Attorney General Richard Blumenthal, who has been leading a cadre of attorneys general investigating Google's Wi-Fi Street View data gathering, formally ordered the search giant today to hand over data gathered during the years it operated Street View cars. He issued a civil investigative demand, a legal order similar to a subpoena, after Google refused to provide the data after less formal requests, according to a statement released by his office.

"We need to verify what confidential information the company surreptitiously and … Read more

WikiLeaks will soon have some competition on the whistle-blowing front.

Several people who resigned from the WikiLeaks project amid conflicts with organizer Julian Assange are planning to launch a new site called Openleaks on Monday, Swedish newspaper Dagens Nyheter reported today.

"Our long term goal is to build a strong, transparent platform to support whistle-blowers--both in terms of technology and politics--while at the same time encouraging others to start similar projects," an Openleaks organizer, who wished to remain anonymous, told the newspaper. "As a short-term goal, this is about completing the technical infrastructure and ensuring that the … Read more

The U.S. government indicated today that WikiLeaks spokesman Julian Assange could be in legal jeopardy for disclosing classified information because he is "not a journalist."

When asked whether "traditional media" organizations that republish secret documents could be prosecuted, State Department spokesman P.J. Crowley said that the administration applauds "the role of journalists in your daily pursuits."

"In our view, Mr. Assange is not a journalist," Crowley added.

Crowley's remarks come as Justice Department prosecutors and FBI agents are scrambling to piece together a legal case against Assange, who was … Read more