Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies. There was bipartisan concern that the system imperiled constitutional commitments and people’s crucial life opportunities, including jobs, education, housing, and licenses. Bipartisan congressional concerns of the 1970s should be cause for re-invigoration, not resignation. Recounting the insights of members of the 93rd and 94th Congresses should embolden us. Their concerns clarify the headwinds that reformers face. Then, as now, powerful interests want us to think that privacy and public safety are incompatible. They want us to view diminished expectations of privacy as acceptable, even valuable. Revisiting this history should remind the public that totalizing surveillance is neither acceptable nor desirable. Privacy can and should be ours.
Musk’s attempts to gain access to agency databases is an egregious violation of the act, which protects personal information from abuse.
Under the...
Between November and December 2024, news articles reported widespread incidents of small- and medium-sized drones flying across northeastern U.S...
National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to...
Children should be seen and not heard, or so the old saying goes. A new version of this adage is now playing out across the United States, as more...
A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...
Large Language Models (LLMs) have the potential to transform public international lawyering. ChatGPT and similar LLMs can do so in at least five ways...
Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost...
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
Large language models (LLMs) now perform extremely well on many natural language processing tasks. Their ability to convert legal texts to data may...
Privacy is a key issue in AI regulation, especially in a sensitive area such as healthcare. The United States (US) has taken a sectoral approach to...
The 2024 edition of Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties, edited by Professors Sharon K...
We live in an age of student surveillance. Once student surveillance just involved on-campus video cameras, school resource officers, and tip lines...
Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar...