How (Not) to Write a Privacy Law

After many years of failed starts, proposed information privacy legislation has begun moving forward in both houses of Congress. The docket in the recently ended 116th Congress was crowded, with a number of different proposals jostling for attention and no agreement on which deserved to be the front runner. Even so, as the 117th Congress begins, there is growing inside-the-Beltway consensus on the list of features that a successful bill will need to include. This paper critically assesses those zones of emerging consensus.

Tell Congress to Say No to Warrantless AI Mass Surveillance

The War on Terror-era legislation that authorized decades of civil liberties-eroding mass surveillance expired June 12. . Congress has a choice to make before they reauthorize this bill: will they greenlight warrantless mass surveillance of American citizens, or uphold the Constitution and prevent more of Trump's authoritarian powergrabs? Section 702 of the Foreign Intelligence Surveillance Act (FISA) was passed in 2008 as a counterterrorist measure, but has a long history of abuse from the federal government, especially when it comes to surveillance. Congress has a choice to make: Will they greenlight warrantless mass surveillance, or hold the line and reject any effort to move forward without serious privacy guardrails. FISA as it is currently written: Allows warrantless backdoor surveillance of people in and out of the country Offers little to no protections against the administration targeting critics, activists, religious minorities, or communities of color Actively chills our freedoms of speech and association Two years ago, this reauthorization legislation sailed through Congress with bipartisan support. That can’t happen again. Democratic leadership and members must hold the line for our civil liberties. And any Democrat or Republican voting for unfettered spying on US citizens should hear from their constituents. Let your Members of Congress know you expect them to reject reauthorization unless it includes significant reforms to protect our civil liberties against this authoritarian regime.

📣 Take Action: Reform Section 702: End mass warrantless surveillance

Make an impact with guided actions from Freedom of The Press Foundation.

Section 702 of the Foreign Intelligence Surveillance Act (FISA): 2026 Resource Page

The following Brennan Center and coalition resources provide detailed information on Section 702, how it has been used to gain warrantless access to Americans’ communications, proposals for reforming the law, and the 2026 reauthorization process.

Get FISA Right

Both chambers of Congress have left town, meaning that FISA Section 702 won’t be reauthorized by the June 12 “deadline”. Even though the lapse is likely to be temporary, it’s still a big deal. This is the first time these authorities have lapsed since they were put in place in 2008 — the year Get FISA Right started. So thanks to all the legislators in both parties who voted “no” … and thanks to all the activists who have gotten involved over the years!

Lawful-access bill could threaten encryption, deter investment, Chamber of Commerce warns

Bill would require telecoms, internet companies to change systems to give surveillance, monitoring capabilities to authorities

The Senate Should Reject KOSA's Privacy Risks

The Senate Commerce Committee is once again considering legislation that would dramatically expand age verification, and undermine privacy for everyone. Alongside the SCREEN Act, the CHATBOT Act, and

Kiss your online privacy goodbye with Bill C-22, Canada

Civil liberties groups, legal experts and the Canadian Chamber of Commerce have been sounding the alarm for months on the privacy and cybersecurity issues contained in the Carney government’s Lawful Access Act, or Bill C-22. In a not-so-surprising twist, American lawmakers have now also added their voice to those warning about the bill.

AI #177 Part 2: Wish You Were Here

As usual, part 2 of the weekly deals with speculative, regulatory, political and alignment questions.

Bill C-22’s Groundhog Day: Why the Government’s Dismissal of Signal, Apple and the U.S. Congress Concerns Runs Back the Disastrous Online News Act Playbook - Michael Geist

Secure messaging service Signal yesterday became the latest company to warn that Bill C-22, the lawful access bill, could force it to leave the Canadian market rather than comply with provisions it says would compromise its end-to-end encryption and create new cybersecurity risks. Signal vice-president Udbhav Tiwari told the Globe and Mail that the company “would rather pull out of the country than be compelled to compromise on the privacy promises we have made to our users.” The comments are part of a steady stream of similar warnings from Apple, Meta, the Canadian Chamber of Commerce, the Cybersecurity Advisors Network, and the chairs of the U.S. House Judiciary and Foreign Affairs Committees. Despite growing concern, the government’s response has been to launch a misleading social media campaign and repeatedly insist that the experts and companies are mistaken.

Promoting Advanced Artificial Intelligence Innovation and Security

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1.  Purpose.

US industry and advocacy groups warn against mandatory age verification laws - CADE – Civil Society Alliances for Digital Empowerment

Several US organisations have urged Congress to reconsider proposals that would require mandatory age verification for online services, citing concerns about privacy, data security, and constitutional rights.

Act Now to Stop California’s Paternalistic and Privacy-Destroying

California lawmakers are fast-tracking A.B. 1709—a sweeping bill that would ban anyone under 16 from using social media and force every user, regardless of age, to verify their identity before

The Lawful Access Two-Headed Surveillance Monster: How Bill C-22 Went Off the Rails - Michael Geist

The government’s plans for lawful access have gone off the rails. In recent days, Signal has warned it would pull out of the Canadian market rather than comply with Bill C-22. Windscribe, the Toronto-headquartered VPN provider, has said it would relocate its headquarters out of Canada and NordVPN has warned it would consider following suit. Apple and Meta have both raised public concerns about the bill’s effect on encryption and cybersecurity. The Canadian Chamber of Commerce, the Cybersecurity Advisors Network, civil liberties groups, and a long line of legal and security experts have all called for changes. The chairs of the U.S. House Judiciary and Foreign Affairs Committees have written to Public Safety Minister Gary Anandasangaree warning that the bill threatens U.S. national security and the integrity of cross-border data flows. Even the bill’s own oversight body, the National Security and Intelligence Review Agency, has told the SECU committee it does not have the access it needs for effective oversight. If the government thought it could push through the bill largely unnoticed, it has been proven painfully wrong as there are now trade frictions with the U.S., the prospect of leading companies exiting the Canadian market, and weaker cybersecurity protections for ordinary users. How did Canada’s lawful access plan go awry so quickly?

Digital Driver’s Licenses Threaten to Create a “Great Internet Lockdown” | ACLU

Two trends threaten the creation of a bureaucratic wall between Americans and the information they have a right to access

The challenges of constitutional silence: Doctrine, theory, and applications

Abstract. In this introduction to our symposium on “Constitutional Silence,” we situate the articles in this collection and explore the significance of the