Chris Calabrese

  • June 28, 2017
    Guest Post

    by Chris Calabrese, Vice President, Policy, Center for Democracy & Technology

    Last week in United States vs. Microsoft, the Department of Justice (DOJ) petitioned the Supreme Court to decide the reach of the U.S. government when compelling U.S. companies to turn over data stored outside the U.S. Courts are divided on the issue. The Second Circuit Court of Appeals held that the Electronic Communications Privacy Act (ECPA) cannot reach extraterritorially. Magistrates in other circuits have disagreed, interpreting the search as occurring where a company discloses data, not where the data is seized. However, what no one disputes is that as the number of requests skyrockets, the system for accessing data across borders is deeply in need of reform and that courts are ill-suited to tackle the complicated equities at stake.

    The current system uses Mutual Legal Assistance Treaties (MLATs) to allow foreign law enforcement to pass requests to their domestic counterparts, who in turn serve them on specific providers. The process is slow and sometimes frustrating for law enforcement. U.S. service providers are frequently caught in the middle – they are not only worried about violating the privacy rules of a particular country, but also about thwarting legitimate investigations. At the same time, privacy advocates rightly note that U.S. law – undergirded in many cases by the protections of the Fourth Amendment – is particularly strong and should not be abandoned.

    While there are no perfect solutions to this problem, at the Center for Democracy & Technology we have argued that significant progress can made through a package of reforms focused in four areas:

  • December 14, 2012

    by Joseph Jerome

    Whenever an American citizen interacts with her government, the government’s first concern is increasingly ascertaining whether that individual is a terrorist. The Wall Street Journal’s Julia Angwin reports that top intelligence and law enforcement officials met in March to establish new rules permitting the National Counterterrorism Center (NCTC) “to create a government dragnet, sweeping up millions of records about U.S. citizens -- even people suspected of no crime.”  Flight records, the names of Americans hosting foreign-exchange students, and even casino-employee lists can be stored for up to five years, analyzed for suspicious behavior, and shared with foreign governments all in the name of fighting terrorism.

    According to Angwin, the impetus of the program came in the wake of Umar Farouk Abdulmutallab’s failed Christmas Day 2009 bombing. After President Obama directed government agencies to send NCTC any and all leads on terrorist threats, the Department of Homeland Security provided NCTC with a vast database of information on the condition that any data of innocent U.S. persons be purged within 30 days. The tiny, unknown NCTC was unable to process the number of leads it received, so its solution was to seek unlimited access to any government information with no time limits imposed on the data’s analysis and study. 

    “All of this happened in secret,” the ACLU’s Chris Calabrese bemoans. “No public debate or comment and suddenly, every citizen can be put under the terrorism microscope.”