Facebook and Terrorism: Cohen v. Facebook and Force v. Facebook

Posted Leave a commentPosted in National Security

It’s well-known that Facebook, Twitter, YouTube, and other social media platforms are used for propaganda and recruiting purposes by terrorist groups such as ISIL.  A number of Jewish groups filed lawsuits alleging that Facebook should be held civilly liable for facilitating terrorist attacks against Jews.  Two of these cases recently were dismissed by Judge Nicholas […]

Trump Cybersecurity Executive Order

Posted Leave a commentPosted in National Security

President Trump signed today a long-awaited Executive Order on Cybersecurity.  I think it is mostly a non-event.  There are some helpful provisions, including a requirement that government agencies implement the NIST Framework.  Otherwise, it requires  a series of executive reports on cybersecurity preparedness, generally within 90 days of the Order.  As others have noted, those […]

Microsoft and the Law of the Cloud

Posted Leave a commentPosted in Cloud, ECPA, Internet Governance, National Security

Microsoft is waging a multi-front legal war over control of the “cloud.”  The Second Circuit recently handed Microsoft a battlefield victory in a case captioned In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, — F.3d —, 2016 WL 3770056 (2nd Cir. 2016). The case concerns […]

Klayman v. Obama Stay Left in Place

Posted Leave a commentPosted in National Security

On November 9, 2015, Judge Richard Leon issued a preliminary injunction against the NSA bulk data collection program.  On November 10, in a per curiam Order, the D.C. Circuit stayed the preliminary injunction pending the government’s appeal.  Last Friday, November 20, the Circuit denied the plaintiffs’ emergency request for rehearing of the stay order en banc.  In a […]

Klayman v. Obama Preliminary Injunction of NSA Program

Posted Leave a commentPosted in Cyber Surveillance, National Security

Judge Richard Leon in the District of Columbia federal court has again issued a preliminary injunction against the continuation of the NSA bulk telephony metadata collection program.  The bulk collection program is set to expire on November 29, 2015 under the USA FREEDOM Act, so the injunction in this case will not have long-term impact. […]