Andrew Keane Woods
Lawfare
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Past articles by Andrew:
COVID-19, Speech and Surveillance: A Response
Neither of us has ever written anything that has been as misinterpreted as this piece in the Atlantic. → Read More
Our Robophobia
We are biased against robots, and it is killing us. → Read More
China and the Hypocrisy of American Speech Imperialism
Debates about whether American companies should do business with China are laden with distasteful and unconstructive opinions about American morality. → Read More
The CJEU Facebook Ruling: How Bad Is It, Really?
The Court of Justice of the European Union handed down a blockbuster ruling, holding that EU states may issue worldwide injunctions forcing platforms to take down content. → Read More
Litigating Data Sovereignty
An article in the latest issue of the Yale Law Journal tells the story of the outsized role that courts play in managing the global governance of the internet. → Read More
Tech Firms Are Not Sovereigns
Announcing the latest edition of the Aegis Paper Series from the Hoover Institution. → Read More
Do Constitutional Rights and Human Rights Matter?
The good news is that there is a great deal of thoughtful scholarship on the question. The bad news is that this scholarship doesn’t tell us very much.The good news is that there is a great deal of thoughtful scholarship on the question. The bad news is that this scholarship doesn’t tell us very much.The good news is that there is a great deal of thoughtful scholarship on the question. The bad… → Read More
The Cambridge Analytica-Facebook Debacle: A Legal Primer
Aleksandr Kogan, Cambridge Analytica and Facebook face a dizzying array of legal problems. In an attempt to clear its good name, Facebook is creating the political conditions for its downfall. → Read More
Analysis of Microsoft-Ireland Supreme Court Oral Argument
Important themes emerged in oral argument for United States v. Microsoft Corp. Here is our analysis. → Read More
Recap: Oral Arguments in Microsoft-Ireland
What the government and Microsoft argued before the Supreme Court on Tuesday morning. → Read More
Interview: The British Perspective on the Cross-Border Data Problem
An interview with Paddy McGuinness, the U.K. deputy national security advisor, on the topic of cross-border data access. → Read More
The CLOUD Act: A Welcome Legislative Fix for Cross-Border Data Problems
Congress could make the Microsoft-Ireland dispute moot. → Read More
A Primer on Microsoft Ireland, the Supreme Court’s Extraterritorial Warrant Case
The Supreme Court announced this morning that it will grant the Department of Justice’s petition for a writ of certiorari in its dispute with Microsoft over access to emails stored on the company’s Irish servers. The crux of the dispute is the territorial reach (and territorial applicability) of the Stored Communications Act (SCA), a subset of the Electronic Communications Privacy Act (ECPA)… → Read More
A Primer on Microsoft Ireland, the Supreme Court’s Extraterritorial Warrant Case
The Supreme Court announced this morning that it will grant the Department of Justice’s petition for a writ of certiorari in its dispute with Microsoft over access to emails stored on the company’s Irish servers. The crux of the dispute is the territorial reach (and territorial applicability) of the Stored Communications Act (SCA), a subset of the Electronic Communications Privacy Act (ECPA)… → Read More
Google Takes the Global Delisting Debate to a US Court
Google’s attempt to fight a global takedown order in Canada was stymied by the fact that the order did not pose a conflict of laws. So on Monday, Google walked into the Northern District of California to try to create one. → Read More
Encryption Substitutes
Just as law enforcement can pursue a number of different alternatives to mandating encryption backdoors, so too can privacy advocates take steps beyond encrypting their data to ensure their privacy. → Read More
No, The Canadian Supreme Court Did Not Ruin the Internet
The Equustek decision is not crazy—to the contrary—nor is it a dangerous precedent for the right-to-be-forgotten battles being waged in Europe. → Read More
The Simplest Cross-Border Fix: Removing ECPA’s Blocking Features
The House Judiciary Committee is holding a hearing this morning on cross-border data requests, featuring testimony from the Department of Justice, the U.K. government, Google, the Center for Democracy and Technology, state law enforcement, and yours truly. The hearing will be livestreamed here, where you can also find the written testimony → Read More
Lessons from the Mutual Legal Assistance Reform Effort
This post is part of a series written by participants of a conference at Georgia Tech in Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives. → Read More
Congress Should Embrace the DOJ’s Cross-Border Data Fix
Editor’s note: This post also appears on Just Security. On July 15, the Obama administration unveiled proposed legislation designed to improve the process by which law enforcement agents access digital evidence across borders. (David Kris has a superb summary of the legislation here.) This is something that the two of us have long urged, and we were both pleased to see the administration’s… → Read More