A bipartisan Senate bill aimed at curbing online child sex trafficking by amending Section 230 of the Communications Decency Act, considered a foundation in expanding the U.S. internet economy, will have an uphill battle, predicted technology and civil society advocates who say there's a better approach. They said Tuesday that fighting online trafficking is needed, but the legislation is too broad and would have unintended consequences.
Microsoft scored a victory Thursday against the government when the 2nd U.S. Circuit Court of Appeals ruled 3-0 that DOJ couldn't force the company to provide customers' electronic communications stored outside the U.S. The "Stored Communications Act does not authorize courts to issue and enforce against U.S.-based service providers warrants for the seizure of customer e-mail content that is stored exclusively on foreign servers," said the decision. Microsoft and privacy supporters hailed the ruling, while DOJ said it's mulling next steps.
Microsoft scored a victory Thursday against the government when the 2nd U.S. Circuit Court of Appeals ruled 3-0 that DOJ couldn't force the company to provide customers' electronic communications stored outside the U.S. The "Stored Communications Act does not authorize courts to issue and enforce against U.S.-based service providers warrants for the seizure of customer e-mail content that is stored exclusively on foreign servers," said the decision. Microsoft and privacy supporters hailed the ruling, while DOJ said it's mulling next steps.
Sen. Ron Wyden, D-Ore., acknowledged Thursday it will be “especially hard” to complete his push to stop a controversial DOJ alteration to Federal Rule of Criminal Procedure 41 from taking effect but urged privacy advocates not to be discouraged by Congress’ quickly narrowing legislative window. The rule change, which would expand federal judges’ ability to issue warrants for remote searches of computers outside their jurisdictions, will take effect Dec. 1 if Congress doesn’t act (see 1604290057). Wyden filed the Stop Mass Hacking Act (S-2952) in May to block the tweak. Reps. Ted Poe, R-Texas, and John Conyers, D-Mich., bowed a House companion (HR-5321) to S-2952 soon after Wyden (see 1605190021 and 1605250045).
Sen. Ron Wyden, D-Ore., acknowledged Thursday it will be “especially hard” to complete his push to stop a controversial DOJ alteration to Federal Rule of Criminal Procedure 41 from taking effect but urged privacy advocates not to be discouraged by Congress’ quickly narrowing legislative window. The rule change, which would expand federal judges’ ability to issue warrants for remote searches of computers outside their jurisdictions, will take effect Dec. 1 if Congress doesn’t act (see 1604290057). Wyden filed the Stop Mass Hacking Act (S-2952) in May to block the tweak. Reps. Ted Poe, R-Texas, and John Conyers, D-Mich., bowed a House companion (HR-5321) to S-2952 soon after Wyden (see 1605190021 and 1605250045).
FCC Chairman Tom Wheeler will venture to Capitol Hill next month amid a fierce debate surrounding the government push to force Apple to unlock one of its devices and ongoing consideration of whether and how to tweak the wiretap law known as the Communications Assistance for Law Enforcement Act (CALEA) as a way to address broader encryption concerns. Hill observers expect Wheeler to get questions about CALEA and the FCC’s perspective on tweaking it, a topic that also came up during a November oversight hearing following the deadly attacks in Paris.
FCC Chairman Tom Wheeler will venture to Capitol Hill next month amid a fierce debate surrounding the government push to force Apple to unlock one of its devices and ongoing consideration of whether and how to tweak the wiretap law known as the Communications Assistance for Law Enforcement Act (CALEA) as a way to address broader encryption concerns. Hill observers expect Wheeler to get questions about CALEA and the FCC’s perspective on tweaking it, a topic that also came up during a November oversight hearing following the deadly attacks in Paris.
FCC Chairman Tom Wheeler will venture to Capitol Hill next month amid a fierce debate surrounding the government push to force Apple to unlock one of its devices and ongoing consideration of whether and how to tweak the wiretap law known as the Communications Assistance for Law Enforcement Act (CALEA) as a way to address broader encryption concerns. Hill observers expect Wheeler to get questions about CALEA and the FCC’s perspective on tweaking it, a topic that also came up during a November oversight hearing following the deadly attacks in Paris.
Assistant Attorney General Leslie Caldwell said law enforcement, even when it has a warrant, is encountering increasing difficulties getting access to critical information in electronic form to prosecute criminals. The digital era is both a blessing and a threat to law enforcement, Caldwell said Monday at the State of the Net conference. Caldwell was a stand-in for Attorney General Loretta Lynch, who was scheduled to speak but was unable to make it back to snowy Washington from the World Economic Forum in Switzerland in time.
Assistant Attorney General Leslie Caldwell said law enforcement, even when it has a warrant, is encountering increasing difficulties getting access to critical information in electronic form to prosecute criminals. The digital era is both a blessing and a threat to law enforcement, Caldwell said Monday at the State of the Net conference. Caldwell was a stand-in for Attorney General Loretta Lynch, who was scheduled to speak but was unable to make it back to snowy Washington from the World Economic Forum in Switzerland in time.