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Professor_WCS last won the day on October 12 2013

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  1. It is simple and powerful without any complex or hard-to-prove intents or mental states. It charges unauthorized access resulting in obtaining information, plus the mighty federal conspiracy statute. View the full article
  2. The Indictment filed July 13, 2018, and signed by Robert Mueller, the Special Counsel: View the full article
  3. The Supreme Court’s decision today in Carpenter v. United States will have far-reaching impacts, because it extends Constitutional protections to cell-site location information and not just to the actual content or words and sounds of a cellphone call or text message. That is, the Katz reasonable expectation of privacy test now applies Fourth Amendment protection […] View the full article
  4. Below is a primer from the Congressional Research Service on the CLOUD Act. Earlier this week, a post on Lawfare set forth some suggestions for how to implement the legislation. View the full article
  5. Congress wants answers on FBI’s ‘going dark’ problem in wake of DOJ IG report (CyberScoop): Some members of Congress are challenging the FBI over its handling of the encryption battle with Apple, a recent article says. Several lawmakers wrote a letter to FBI Director Chris Wray stating their concerns over both the San Bernardino incident and […] View the full article
  6. A Special Inquiry Regarding the Accuracy of FBI Statements Concerning its Capabilities to Exploit an iPhone Seized During the San Bernardino Terror Attack Investigation View the full article
  7. DHS Might Provide Cyber Services Directly To Industry Under New Strategy (Nextgov): With a new DHS cyber strategy set to be released in the coming weeks, reports suggest that the agency could be taking on a new role in the cyber realm. DHS Secretary Kirstjen Nielsen described the new system as “security as a service” and […] View the full article
  8. The Encryption Debate Isn’t About Stopping Terrorists, It’s About Solving Crime (Lawfare): A post last week on Lawfare added to the ongoing debate over encryption but with a different focus. The author said that regardless of any flaws with third party (which means government, according to the author) access, the biggest problem remains traditional crime, not […] View the full article
  9. Video and prepared testimony of this week’s hearing, “Cyber Operations Today: Preparing for 21st Century Challenges in an Information-Enabled Society.” View the full article
  10. United States Cyber Command’s New Vision: What It Entails and Why It Matters (Lawfare): Yesterday, I posted a document from U.S. Cyber Command here. Dr. Richard J. Harknett wrote a piece assessing the document for Lawfare on Friday, in which he labels the strategy a significant evolution in both strategy and operations for cyber. Harknett lists […] View the full article
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