Intersections

A Year Later – What Did the Pause on FCPA Enforcement Do?

(Richard Nephew - Just Security) On Feb. 25, 2025, Foreign Affairs published my piece on the Trump administration’s decision to suspend the implementation of...

If NATO Cannot Protect Everyone, It Cannot Defend Anyone

(Diana Morais, Samantha Turner and Katharine A.M. Wright - RUSI) This International Women’s Day falls during a moment of profound geopolitical challenge. The US...

Beyond Carpenter – A Legislative Framework for Mobile Location Privacy

(Jim Dempsey - Lawfare) In Carpenter v. United States, the Supreme Court held that the Fourth Amendment requires a warrant for compelled disclosure of...

Installing a Content Patch in the Stored Communications Act

(Stephanie Pell, Richard Salgado - Lawfare) The 1980s-era scheme in the Stored Communications Act that allows the government to compel service providers to disclose...

Data Proxies for the Stored Communications Act

(David Kris - Lawfare) When law enforcement obtains a customer’s cloud data from a cloud service provider (CSP) under the Stored Communications Act, a...

Harmonizing ECPA to Close Gaps and Increase Statutory Coherence

(Aaron R. Cooper - Lawfare) The Electronic Communications Privacy Act of 1986 (ECPA) was designed to protect the privacy of electronic communications while providing...

Unpacking and Updating the CLOUD Act

(Jennifer Daskal - Lawfare) The CLOUD Act, enacted in 2018, is the most significant amendment to ECPA in over a decade. It clarified that...

Limiting Reverse Searches in the Stored Communications Act

(Paul Ohm - Lawfare) Law enforcement increasingly conducts “reverse searches”—requests that ask online providers to search their massive databases not for information about a...

The International Community at a Crossroads Over Iran: The reawakening of “illegal but legitimate” or the “law of self-preservation”?

(Yuval Shany and Amichai Cohen - Just Security) A momentous gap has emerged between the broad consensus among international lawyers regarding the illegality of...

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