NSA

News & Analysis as of

The USA Freedom Act: What it Changes and (Mostly) Doesn't for Cloud Services--And is it Really the Issue

The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act have raised a number of questions about the ongoing...more

The USA FREEDOM Act Heightens the Need for Carriers to Examine their Data Retention Practices

On Tuesday, June 2, 2015, Barack Obama signed the USA FREEDOM Act into law. Among other reforms, the USA FREEDOM Act adopts a series of modifications to federal foreign intelligence gathering statutes and procedures to...more

USA Freedom Act To End NSA Bulk Data Collection

On June 2, the President signed into law the USA Freedom Act of 2015 (“the Act”) after the Senate passed the bill by a vote of 67-to-32. As King & Spalding previously reported, the Act amends the Patriot Act and prohibits...more

House Passes Cyber Sharing Bills and Congress is Focusing on Data Protection

On Wednesday, April 22, 2015, the U.S. House of Representatives passed the Protecting Cyber Networks Act ("PCNA"), which would give companies certain liability protection against potential lawsuits when sharing cyber threat...more

U.S.A. Freedom Act passed into law

On June 4, 2015, President Obama and his administration signed into law the U.S.A. Freedom Act, which “reform[s] the authorities of the Federal Government to require the production of certain business records, conduct...more

The Future Of The NSA’s Bulk Telephone Metadata Program

Section 215 of the Patriot Act expires today. Section 215 addresses the Federal Bureau of Investigation’s ability to gather business records. In 2006, after passage of amendments to the Patriot Act, the Bush administration...more

Energy & Environment Update - June 2015

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Interior - Environmental Protection Agency - Federal...more

Future Unclear For NSA’s Bulk Telephone Metadata Collection Program

Fast approaching is the June 1 expiration of certain provisions of the Patriot Act, including § 215 (codified as 50 U.S.C § 1861), which is the basis for the National Security Agency’s (NSA) bulk telephone metadata collection...more

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

Patriot Act Reauthorization Debate Delays Cybersecurity Legislation

In This Issue: - Industry Liability Protections and Standards - Legislative Timeframe - Additional Notification Bill Expected - Conclusion - For More Information - Excerpt from Industry...more

Wake-Up Call: Second Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal; Defers Injunction While Congress Ponders...

Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government. The latest wave broke last week when the United States Court of...more

Second Circuit Rules National Security Agency’s Collection of Phone Data Unlawful Under USA PATRIOT Act

In ACLU et al. v. Clapper et al., No. 14-42-CV, — F.3d —-, 2015 WL 2097814, (2d Cir. May 7, 2015), the Second Circuit reversed a lower court’s ruling that the NSA’s bulk collection of phone data can be lawfully conducted...more

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more

House Passes New Cybersecurity Legislation Amidst Growing Pressure from Industry

The House of Representatives passed the Protecting Cyber Networks Act (H.R.1560) (“PCNA”) yesterday, amidst growing pressure from industry to enact legislation that would help companies harden key infrastructure and respond...more

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

Whistleblower's Legacy: President Reforms Key Surveillance Law; Europe Questions Safe Harbor Regime

Nearly two years ago, Edward Snowden, a contractor working with the U.S. National Security Agency (“NSA”), revealed startling details of widespread surveillance practices by the U.S. government into telephone and Internet...more

How Safe? – The Future of the US-EU Safe Harbor

The US-EU Safe Harbor has been back in the news recently as Germany’s data protection commissioners met at the end of January and expressed impatience at the delay in implementing what many view as necessary reforms to the...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

President Promotes Cybersecurity in State of the Union Address

Highlighting the importance of cybersecurity in a time of data breaches and cyber attacks that have compromised our national security, privacy, economy, and businesses, President Obama incorporated cybersecurity issues in his...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

My Vote for Privacy Person of the Year

There isn’t an official Privacy Person of the Year award. If there were, Edward Snowden almost certainly would have won it last year. Instead, he finished in second place, behind Pope Francis, as TIME Magazine’s 2013 Person...more

Intel Committee Chief Says Cyber Bill Could Face Two-Year Wait

On September 19, 2014, House Intelligence Committee Chairman Mike Rogers followed up on comments he and Senate Intelligence Committee Vice Chairman Saxby Chambliss made last week concerning the prospects for cybersecurity...more

The Admiral Sets A Good Course

Admiral Mike Rogers, the new leader of the National Security Agency and Cyber Command at the Defense Department, certainly has taken a different approach from his predecessor, General Keith Alexander. Right out of the gate,...more

SEC: The New Cyber-Cop

It seems scarcely a week goes by without a headline blaring news of a major cybersecurity breach. And with ongoing revelations about the data-tracking activities of the National Security Agency, the public isn’t growing less...more

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