Unfortunately, I haven’t been keeping this site up to date as I’ve been blogging on the Stanford Law School Center for Internet and Society site.  To that end, here are my most recent posts:

The Unintended Consequences of CISPA

New Cybersecurity Bill Available

Revised Cybersecurity Act Needs Amendments for Privacy, Security

Thanks for following along.

While I was looking away, the odometer on The Shout rolled over 100,000. Hooray!
This week on Wired News, I write about leaking secrets and jailing reporters in my Circuit Court column Love the Leak, Hate the Leaker?.

Stop the spying, say Izzy and Callie

A picture is worth a thousand words. Take a photo and tell Congress how you feel about letting the telcos off the hook for breaking the law and spying on your phone calls and emails. See what others have said.

This week’s Circuit Court column is Sowing the Seeds of Surveillance.

My Wired News column:Harry Potter Loves Malfoy is now up. It’s about fan fiction, yaoi (a subgenre of manga) and copyright law.

When I write my Wired News columns, the format doesn’t allow me to provide many links to information upon which I’ve relied. I’ve decided to supply those links here for people who are interested in digging deeper. Here are some of the resources I used for my column on the Korean wiretap scandal.

Ex-Spy Chiefs Convicted in Wiretapping Scandal

KOREA: Kim DJ administration bugged mobile phones

The extensive wiretappings, dubbed the “X-files” by South Korean media, revealed not only problems with the agency, but also collusion between top conglomerates and politicians—one of the inveterate ills of South Korean politics: link

Suicide: link

Xfiles scandal and politics: link and link.

North Korea , pres. Kim position: link.

Scandal extends through 2002, technology used more advanced than previously admitted: link

Legal wiretapping increases:

We won the state secrets issue in the Hepting v. ATT case, and the litigation will proceed.  There’s always the possibility that a narrower state secret issue may come up later on, and the government is sure to re-raise the issue, but this is a huge win.  Congratulations, EFF!

Also, my Wired News column on an interesting South Korean wiretap scandal and the different way that nation dealt with the problem is here.  It’s engendered the usual, “she must love terrorists!” response.  How trite. 

I won’t have time to read the ATT ruling, or respond to the lugheads who’ve commented on my column today, because Brad and I are going to have lunch with the mayor of the City of Fukuoka, in Kyushu, Japan today.  We’re also going to see some robots.  Photos soon.


Today’s Wired News column:Secrecy Mustn’t Crush Rule of Law.

Some related news: AT&T is apparently trying to cover its ass for next time by changing its privacy policy to say they can do whatever they like with whatever data they collect on you. See AT&T Rewrites Rules by David Lazarus. Where’s Qwest when I need it? Are even obsessive privacy consumers like myself practically capable of demanding more privacy in the marketplace?

Kim Zetter discloses more illegal surveillance in: Is the NSA spying on U.S. Internet traffic? | Salon News.

As attorneys for amici law professors, we just received this court order from Judge Vaughn Walker in the EFF/AT&T case. Its a fool’s errand trying to guess what a judge will do before he or she does it, but orders like this give a preview of the issues the court thinks are important in determining the case. Clearly, Friday’s hearing is going to be really interesting. Tomorrow morning my column on the state secrets issue will be on Wired News.

I promised more on the state secrets doctrine. I’ve decided to write my next Wired News column on the issue raised in the EFF’s ATT case and the ACLU’s Detroit case. That will appear here and on Wired News on Wednesday, June 21st. Judge Walker will hold a hearing on the issue in the United States District Court in San Francisco on Friday, June 23rd at 9:30A, so this column will be a good way to get up to speed on what might happen during that hearing.

Meanwhile, here’s a phonecam picture of a great looking dish Brad and I ordered at Spices II! in the Richmond district last night. Its scallop with a snow of fried garlic (and two kinds of chili peppers).

There’s an interesting article in the NY Times today: Arguments on Spy Program Are Heard by Federal Judge – New York Times. [Sorry for the link to the Times, which will eventually expire only to be replaced with a request that you pay $2 for the article, but this coverage is better than other articles I browsed.]

The article talks about a lawsuit brought in Detroit by the ACLU on behalf of James Bamford and other reporters and journalists claiming that the warrantless NSA surveillance is cramping their ability to do newsgathering. The issue before the court now is the same one that is currently before Judge Walker in the EFF’s case against ATT, whether the case can go on without revealing state secrets.

This article shows that the Detroit case is facing some of the same problems the EFF case is facing here.

First, there’s the question of standing. Standing means that the litigants in the lawsuit have to have suffered some actual harm that gives them a right to sue. Lack of standing is a great way for the government to get these cases dismissed. They argue, you can’t prove you were surveilled, and we can’t tell you if you were because that’s a state secret, so you don’t have standing, so the case has to be dismissed. The ACLU case is about the First Amendment, and relies on some more liberalized standing rules in those kinds of cases, but they are clearly facing similar problems. There, though, the lawyers will argue that they don’t have to prove that the plaintiffs or their sources were surveilled, only that the threat of surveillance chilled their First Amendment activities.

Second, and interwoven, is the question of state secrets. More on this later this afternoon.

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