Does the FISA court perform a recognizably judicial function when it reviews 702 minimization procedures for compliance with the fourth amendment? Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru, and Orin and I spend a good part of the interview puzzling over Congress’s mandate that the FISA court review what amounts to a regulation for compliance with an amendment that is usually invoked only in individual cases. Maybe, I suggest, the recent court ruling on 702 minimization and the fourth amendment doesn’t make sense from an article III point of view because the FISA judges long ago graduated from deciding cases and controversies to acting as special masters to oversee the intelligence community. We also explore an upcoming Orin Kerr law review piece on how judicial construction of the fourth amendment should be influenced by statutes that play in the same sandbox.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Orin Kerr
Steptoe Cyberlaw Podcast – Interview with Nick Weaver
We’re back from hiatus with a boatload of news and a cautiously libertarian technologist guest in Nick Weaver of the International Computer Science Institute in Berkeley. To start Episode 95 of the podcast, Michael Vatis and I plumb the meaning of the Cyber Security Act’s passage. The big news? Apparently Santa is real, state
Are New York’s BitLicense Rules Good or Bad for Bitcoin?
It’s only been about a week since New York’s outgoing Superintendent of Financial Services Ben Lawsky released the long-awaited “BitLicense” rules for digital currency businesses operating in New York, but it’s not too early to try to assess the potential impact of those rules on the development of Bitcoin-related businesses and emerging financial technologies.
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Making sense of Bitcoin
With all of the hype and hyperbole surrounding bitcoin and the dizzying array of press coverage, it can be hard for companies to know where to start in evaluating the potential risks involved in making bitcoin a part of their business. Law360 published an article this week in which I make sense of it all
Drones: The Next Privacy Victim?
A Forbes article by Greg McNeal argues that the UAV industry is now squarely in the privacy lobby’s sights. That means that the industry must be demonized relentlessly until new legal constraints are imposed on public and private use of the technology.
All the signs are there. The left-leaning privacy groups have already recruited Drudge