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25 Years of Mass Surveillance Is Enough

Bruce Schneier and Cindy Cohn argue post-9/11 mass surveillance expanded far beyond its counterterrorism justification and should be reevaluated for costs to rights.

An essay by Bruce Schneier and Cindy Cohn (originally in Lawfare) traces the post-9/11 shift from targeted surveillance to mass collection of telephone and internet metadata. It cites the Section 215 bulk phone records program, struck down in interpretation by the Second Circuit in 2015 and curtailed by the USA Freedom Act, and the NSA's Upstream program under Section 702 of the 2008 FISA Amendments Act, which ended content searches in 2017. The authors note mass surveillance now serves routine law enforcement and immigration actions, with FBI Director Kash Patel confirming purchases of Americans' data from brokers, and private systems like Flock license plate readers and venue facial recognition feeding government access.

Schneier on SecuritySep 15, 11:01 UTC · 2d agoPolicy & legal

Kids’ online safety bill faces dim prospects of passage this session despite progress

Kids Online Safety Act clears Senate committee but passage looks unlikely this session amid House-Senate deadlock over the duty-of-care provision.

KOSA advanced out of the Senate Commerce Committee, but the chambers remain split on a duty-of-care provision requiring platforms to act with reasonable caution to prevent foreseeable harm, which House leadership opposes over First Amendment and negligence-lawsuit concerns. The Senate passed KOSA 91-3 last Congress before it died in the House, and the House passed its own version without the duty of care in June as part of a larger package, after stripping a state-law preemption provision. Observers say even Senate passage this year is a struggle given the short calendar, with a lame-duck window between November and January the more plausible path, and Majority Leader John Thune controlling whether a roll-call vote happens.

The RecordAug 24, 00:00 UTC · 24d agoPolicy & legal

LinkedIn fights for the right to tell customers when the feds want their data

Microsoft's chief legal officer argues federal subpoenas for LinkedIn user data should carry narrower scope and that secrecy orders must become the exception.

Microsoft chief legal officer Jon Palmer said federal courts and Congress must curb overly broad US government subpoenas for LinkedIn user data that arrive with secrecy orders preventing customer notification. The company is asking courts to enforce meaningful limits on demand scope and secrecy, invoking Fourth and First Amendment arguments. Palmer cited House legislation passed August 31 to rein in secret surveillance, while LinkedIn simultaneously faces user privacy lawsuits, one dismissed with leave to amend by Judge Vince Chhabria.

CSO OnlineSep 16, 19:50 UTC · 18h agoPolicy & legal

EU chief wants joint response to cyberattacks, sabotage

EU Commission President von der Leyen proposed an Emergency Security Protocol letting any member state convene joint responses to cyberattacks and sabotage.

In her State of the Union address, Ursula von der Leyen proposed an Emergency Security Protocol, modeled on NATO Article 4, allowing a single EU member state to summon all 27 governments to coordinate responses to cyberattacks, sabotage, arson, and drone incursions. The proposal is part of a broader European security strategy that includes a European Security Council with partners such as the UK, Canada, Norway, and Ukraine, plus a European Instrument for Strategic Enablers supporting cyber and defense capabilities. She cited rising incidents in Denmark, Lithuania, Poland, and an attempted drone attack in Leipzig, but did not specify whether unanimous decision-making rules would change.

The RecordSep 16, 13:14 UTC · 1d agoPolicy & legal

First ‘Take It Down Act’ Sentencing Puts Man Behind Bars for 15 Years

Ohio man James Strahler gets the first US Take It Down Act sentence: 15 years for distributing real and AI-generated abuse imagery.

James Strahler, 38, became the first person convicted under the Take It Down Act, receiving a 15-year federal prison sentence after investigators found more than 3,000 real and AI-generated abuse images across his devices, including over 700 he posted online. He pleaded guilty to cyberstalking, producing obscene visual representations of child sexual abuse, and publication of digital forgeries after victims received threats, extortion demands, and AI-fabricated explicit images; the FBI took over the case in June. The federal law, which took effect in May, criminalizes knowingly publishing or threatening to publish nonconsensual intimate imagery, and free-speech advocates have criticized its 48-hour platform removal window as a censorship risk.

404 MediaSep 9, 15:57 UTC · 7d agoPolicy & legal