FISA Authority and Blanket Surveillance: A Gatekeeper Without Opposition

Surveillance and espionage were once practices ordinary Americans only read about in novels or saw in movie theaters. That is no longer true. America is at the center of a worldwide communications network. It is home to the world’s most popular telecommunications, email, instant message, and video chat providers. Because of America’s unique role, hundreds of millions of users send communications through American soil. At the same time, America’s enemies have grown from nation-states, like the Soviet Union, to small cells of terrorists that use ordinary communications networks. Taken together, it is not surprising that signals intelligence agencies like the National Security Agency (NSA), which intercept and analyze these signals, would seek and use surveillance powers to conduct more surveillance at home.

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Low-Level Federal Judges Balking at Law Enforcement Requests for Electronic Evidence

Marc Zwillinger weighs-in about the inconsistency of decisions regarding court requests for cell phone and personal data in this Washington Post article

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Prosecutors Assailed for Broad Asks

“Granting search authority to service providers would present its own challenges, said Marc Zwillinger of Wash­ing­ton’s ZwillGen, which focuses on privacy and security work. It could tighten existing tensions between Internet service providers and the government, he said.”

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Harvard Professor Attacking Google Thrives as Web Sheriff

Ken Dreifach is quoted in Bloomberg Technology about Harvard professor and “part internet sleuth,” Benjamin Edelman

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Dueling Rulings Over Government’s Phone Record Surveillance Stir Legal Ripples and Maneuvering

“Marc Zwillinger, a former Justice lawyer who represents tech firms on cyber issues, said both judges’ decisions to allow Klayman and the ACLU to sue the government likely opens the door for more legal actions against the NSA. The Obama administration, he said, may have aided in that process by declassifying reams of secret judicial orders on surveillance in response to leaks of NSA documents by former agency contractor Edward Snowden.”

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Poker ‘Game of Skill’ Ruling Has Life Beyond NY Reversal

Ken Dreifach is featured in a Law360 article about Poker as a “Game of Skill” rather than illegal gambling.

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Why Industry Self-Regulation is a Good Thing – And What it Can Do For Your Company

See Ken featured in this DMA blog entry where he shares insights on the importance of self-regulation, and on how data governance ‘Best Practices’ can provide vendors, platforms and service providers with real competitive advantages.

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Equifax Confirms Hackers Stole Financial Data, Launches Investigation

In an ABC News interview, Marc Zwillinger comments on credit reporting agency Equifax’s confirmed breach and the theft of financial information.

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Officials Investigate Purported Web Posting of Private Info on First Lady, Others

In an interview with Brian Todd on The Situation Room, Marc Zwillinger offers advice on how to protect ourselves from such financial hacking, or “doxing.”

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Suicide of Internet Pioneer Prompts Emotional Debate Over Federal Prosecution

Marc Zwillinger gives insight after the suicide of internet pioneer Aaron Swartz prompts an emotional debate over federal prosecution.

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