Computers, Privacy & the Constitution

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Computers, Privacy, & the Constitution

Professor Eben Moglen

Columbia Law School, Spring 2024

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If you missed the last class on 24 April, the audio is available.
 Office hours Thursday 25 April will be canceled to allow me more time to edit student writing. Additional office hours will be held next week:

  • Tuesday 30 April, 1pm to 5pm
  • Wednesday 1 May, 2pm-6pm
  • Thursday 2 May, 1pm-5pm


My office hours Spring 2024 will be Wednesdays 4:15-6pm and Thursdays 10:30-12n and 3-5pm (usually reserved for 1L students). If you need to see me but cannot make office hours, please email moglen@columbia.edu for an appointment.


Technology project 1: Create a GPG key and upload it to the keyservers

Details and instructions

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Technology project 2: Better browsing control

Details and instructions

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Technology project 2: Installing Tails

Details and instructions

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Technology project 3: Pseudonymous Email Using Tails

Details and instructions

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Technology project 5: Pseudonymous IM Using Tails

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On The Radar

Jonathan Haidt, The Terrible Costs of a Phone-Based Childhood, The Atlantic, March 13, 2024 (alternate source).

Steven Overly, The Government Really Is Spying On You — And It's Legal, Politico, February 28, 2024

<-- Riley Griffin, Mackenzie Hawkins, US Seeks to Limit China’s Access to Americans’ Personal Data, Bloomberg Law, February 28, 2024.
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Ryan Lizza, Interview with Rep. Jim Himes, Politico, February 17, 2024

Presidents Intelligence Advisory Board and Intelligence Oversight Board Review of FISA Section 702 and Recommendations for Reauthorization, White House, July 2023

Ronan Farrow, How Democracies Spy on Their Citizens, The New Yorker, April 18,2022

Odanga Madung, Kenya's already fragile elections now face a dangerous new enemy: big tech platforms, The Guardian, April 7, 2022

Maria Ressa, We’re All Being Manipulated the Same Way, The Atlantic, April 6, 2022

Kim Zetter, Not the time to go poking around: How former U.S. hackers view dealing with Russia, Politico, March 12, 2022

Glenn S. Gerstell, I've Dealt With Foreign Cyberattacks. America Isn't Ready for What's Coming. New York Times, March 4 2022.

Apostolis Fotiadis et al., A data "black hole:" Europol ordered to delete vast store of personal data, The Guardian, January 10, 2022

Eben Moglen, Why Freedom of Thought Requires Free Media, re:publica, Berlin, May 2, 2012 Video Transcript.

Mishi Choudhary and Eben Moglen, Social Media is Flawed by Design, Times of India, February 16, 2021

Shoshana Zuboff, The Coup We Are Not Talking About, New York Times, January 29, 2021

Mishi Choudhary & Eben Moglen, Zuckerberg’s WhatsApp follies, Times of India, January 19, 2021

Avi Asher-Schapiro, Chinese tech patents tools that can detect, track Uighurs, Thomson Reuters Foundation News, January 14, 2021

Nicole Hong, [[https://www.nytimes.com/2020/12/18/technology/zoom-tiananmen-square.html][Zoom Executive Accused of Disrupting Calls at China's Behest], New York Times, December 18, 2020

Andrew Roth, Stephanie Kirchgaessner, Daniel Boffey, Oliver Holmes and Helen Davidson, Growth in surveillance may be hard to scale back after pandemic, experts say, The Guardian, April 14, 2020

Cristiano Lima and Vincent Manancourt, Privacy agenda threatened in West’s virus fight, Politico, April 5, 2020

Stephanie Kirchgaessner, Saudis suspected of phone spying campaign in US, The Guardian, March 29, 2020

Shaun Nichols, Yeah, that Zoom app you're trusting with work chatter? It lives with 'vampires feeding on the blood of human data', The Register, March 27, 2020

Natasha Singer and Choe Sang-Hun, As Coronavirus Surveillance Escalates, Personal Privacy Plummets, New York Times, March 23, 2020

Nicholas Fandos and Charlie Savage, House Passes Bill Preserving F.B.I. Surveillance Powers, New York Times, March 11, 2020

Julian Borger, CIA controlled global encryption company for decades, says report, The Guardian, February 11, 2020

Thomas B. Edsall, Trump’s Digital Advantage Is Freaking Out Democratic Strategists, New York Times, January 29, 2020

Shoshana Zuboff, You Are Now Remotely Controlled, New York Times, January 24, 2020

Stephanie Kirchgaessner, Jeff Bezos hack: Amazon boss's phone 'hacked' by Saudi crown prince, The Guardian, January 22, 2020

Eben Moglen and Mishi Choudhary, Convenience vs freedom: Facebook-Cambridge Analytica debacle shows how social media companies imperil democracy, The Times of India, March 23, 2018

Carole Cadwalladr, ‘I made Steve Bannon’s psychological warfare tool’: meet the data war whistleblower , The Cambridge Analytica Files, The Guardian, March 18, 2018

McKenzie Funk, Cambridge Analytica and the Secret Agenda of a Facebook Quiz, New York Times, Nov. 19, 2016

Matthew Rosenberg, Nicholas Confessore and Carole Cadwalladr, How Trump Consultants Exploited the Facebook Data of Millions, New York Times, Mar. 17, 2018

James A. Millward, What It’s Like to Live in a Surveillance State, New York Times, February 3, 2018.

Jean M. Twenge, Gabrielle N. Martin, and W. Keith Campbell, Decreases in Psychological Well-Being Among American Adolescents After 2012 and Links to Screen Time During the Rise of Smartphone Technology, Emotion, January 22, 2018.

David E. Sanger and William J. Broad, Pentagon Suggests Countering Devastating Cyberattacks With Nuclear Arms, New York Times, January 16, 2018

John Leyden, Android snoopware Skygofree can pilfer WhatsApp messages, The Register, January 16, 2018

Simon Denyer, China's Watchful Eye, Washington Post, January 7, 2018

Josh Chin & Clément Bürge, 12 days in Xinjiang: How China's surveillance state overwhelms daily life , Business Standard, December 21, 2017

Farhad Manjoo, Clearing Out the App Stores: Censorship Made Easier, New York Times, January 18, 2017

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Alex Hern, Revealed: How copyright law is being misused to remove material from the internet, The Guardian, May 23, 2016

James Stewart, Facebook Has 50 Minutes of Your Time Each Day. It Wants More., New York Times, May 5, 2016

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Danny Yadron, Supreme court grants FBI massive expansion of powers to hack computers, The Guardian, April 29, 2016

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Sarah Jeong, How Technology Helps Creditors Control Debtors, The Atlantic, April 15, 2016

Ellen Nakashima, How a federal spy case turned into a child pornography prosecution, Washington Post, April 5, 2016

Charlie Savage, N.S.A. Gets More Latitude to Share Intercepted Communications, New York Times, January 12, 2017

Charlie Savage, Obama Administration Set to Expand Sharing of Data That NSA Intercepts, New York Times, February 25, 2016

Katie Benner, Apple Chief Calls Court Order to Unlock iPhone ‘Unprecedented Step’, New York Times, February 17, 2016

Iain Thomson, Brit spies can legally hack PCs and phones, say Brit spies' overseers, The Register. February 12, 2016

Adrienne LaFrance, Facebook and the New Colonialism, The Atlantic, February 11, 2016

Kim Zetter, NSA Hacker Chief Explains How to Keep Him Out of Your System, Wired, January 28, 2016

Kieren McCarthy, Senate marks Data Privacy Day with passage of critical bill for Safe Harbor, January 28, 2016

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Harry Davies and Danny Yadron, How Facebook tracks and profits from voters in a $10bn US election, The Guardian, January 28, 2016

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Kieren McCarthy, For fsck's SAKKE: GCHQ-built phone voice encryption has massive backdoor – researcher, The Register, January 19, 2016

Matthew Weaver, Turkey rounds up academics who signed petition denouncing attacks on Kurds, The Guardian, January 15, 2016.

Glyn Moody, Dutch government: Encryption good, backdoors bad: Will also provide a grant of $537,000 to support the OpenSSL project, Ars Technica, January 6, 2016.

Sam Schechner and William Horobin, France Expands Government’s Security Powers in Wake of Paris Attacks: Lower house extends state of emergency, Wall Street Journal, November 19, 2015.

Alan Travis, Mass snooping and more – the measures in Theresa May's bill, The Guardian, November 4, 2015.

European Court of Human Rights, Grand Chamber, Zakharov v. Russia, No. 47143/06, December 4 2015

Andrei Soldatov and Irinia Borogan, Inside the Red Web: Russia's back door onto the internet–extract, The Guardian, September 8, 2015

Carl Shreck, Russian Law On Rejecting Human Rights Courts Violates Constitution, Experts Say, Radio Free Europe, January 19, 2016

SFLC.in and World Wide Web Foundation, India's Surveillance State, September 2014.

Danny Yadron, Moxie Marlinspike: The Coder Who Encrypted Your Texts, Wall Street Journal, July 9, 2015

Jay Stanley, Shotspotter CEO Answers Questions on Gunshot Detectors in Cities, ACLU Blog, May 5, 2015

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Fokke Obbema, Marije Vlaskamp & Michael Persson, China rates its own citizens - including online behaviour, Volkskrant, April 25, 2015

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Dan Goodin, Lawyer representing whistle blowers finds malware on drive supplied by cops, Ars Technica, April 14, 2015

Simon Sharwood, Watch out: Samsung's TV is watching YOU as you watch it, The Register, February 9, 2015

Micah Lee, Secret ‘BADASS’ Intelligence Program Spied on Smartphones, The Intercept, January 26, 2015

Tim Cushing, New York's Top Prosecutor Says We Need New Laws To Fight iPhone/Android Encryption, Techdirt, January 13, 2015

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Julian Assange, Who Should Own the Internet?, New York Times, December 4, 2014

People Love Spying On One Another: A Q & A With Facebook Critic Eben Moglen, Washington Post, November 19, 2014

Eben Moglen, The GCHQ boss’s assault on privacy is promoting illegality on the net, The Guardian, November 13, 2014

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Shelby Sebens, Crackdown on Oregon License Plates Raises Privacy Concerns, GoLocalPDX, September 04, 2014

Alejandro Llorente et al, Social media fingerprints of unemployment, arXiv:1411.3140, November 12, 2014

Brent Skorup, Cops scan social media to help assess your ‘threat rating’, Reuters Blog, December 12, 2014

Event: 1971 Screening and Discussion on Surveillance November 7, 2014, Davis Auditorium

Devlin Barrett & Danny Yadron, New Level of Smartphone Encryption Alarms Law Enforcement, Wall Street Journal, September 22, 2014

atockar, Riding with the Stars: Passenger Privacy in the NYC Taxicab Dataset, Neustar Research, September 15, 2014

Eugene Mandel, How the Napa earthquake affected Bay area sleepers, Jawbone.com Blog, August 25, 2014

Al Sassco, Fitness Trackers are Changing Online Privacy — and It's Time to Pay Attention, CIO.com, August 14, 2014

Tom Warren, Microsoft, like Google, tips off police for child porn arrest, The Verge, August 7, 2014

Douglas MacMillan, Foursquare Now Tracks Users Even When the App Is Closed, Wall Street Journal, August 6, 2014

Vindu Goel, How Facebook Sold You Krill Oil, New York Times, August 2, 2014

Jennifer Valentino-Devries and Siobhan Gorman, Secret Court's Redefinition of 'Relevant' Empowered Vast NSA Data-Gathering, Wall Street Journal, July 8, 2013

Philip Dorling, Snowden reveals Australia's links to US spy web, The Age, July 8, 2013

Christian Stöcker, GCHQ Surveillance: The Power of Britain's Data Vacuum, Der Spiegel, July 07, 2013

Tom Hays, NYC cases show crooked cops' abuse of FBI database, Yahoo News, July 7, 2013

Craig Timberg and Ellen Nakashima, Agreements with private companies protect U.S. access to cables’ data for surveillance, The Washington Post, July 6, 2013

cgh with wire reports, Snowden Search: Bolivia Irate over Forced Landing, Der Spiegel, July 03, 2013

cgh, Guardian Report: US Engaged in Vast Spying Operation on Europe, Der Spiegel, July 01, 2013

Laura Poitras, Marcel Rosenbach, Fidelius Schmid, and Holger Stark, Attacks from America: NSA Spied on European Union Offices, Der Spiegel, June 29, 2013

Glenn Greenwald, Fisa court oversight: a look inside a secret and empty process, The Guardian, June 20, 2013

James Risen and Nick Wingfield, Web’s Reach Binds N.S.A. and Silicon Valley Leaders, The New York Times, June 19, 2013

Tim Wu, Why Monopolies Make Spying Easier, The New Yorker, June 18, 2013

Spiegel Staff, The German Prism: Berlin Wants to Spy Too, Spiegel Online International, June 17, 2013

Ewen MacAskill, Nick Davies, Nick Hopkins, Julian Borger, and James Ball, GCHQ intercepted foreign politicians' communications at G20 summits, The Guardian, June 16, 2013

Stephen Braun, Anne Flaherty, Jack Gillum, and Matt Apuzzo, Secret to Prism program: Even bigger data seizure, Associated Press, June 15, 2013

Michael Riley, U.S. Agencies Said to Swap Data With Thousands of Firms, Bloomberg News, June 15, 2013

Barton Gellman, U.S. surveillance architecture includes collection of revealing Internet, phone metadata, Washington Post, June 15, 2013

Tim Mak. Dianne Feinstein: NSA needs no court to query database, Politico, June 13, 2013

Colin Freeze, Data-collection program got green light from MacKay in 2011, The Globe and Mail, June 10, 2013

Glenn Greenwald, NSA taps in to internet giants' systems to mine user data, secret files reveal, The Guardian, June 6, 2013

Barton Gellman and Laura Poitras, U.S. intelligence mining data from nine U.S. Internet companies in broad secret program, Washington Post, June 6, 2013

Glenn Greenwald, NSA collecting phone records of millions of Verizon customers daily, The Guardian, June 5, 2013

Arvind Narayanan, Reidentification as Basic Science, 33 bits of entropy, May 27, 2013

Torben Olander, In Denmark, Online Tracking of Citizens is an Unwieldy Failure, Tech President, May 22 2013

Ellen Nakashima, Chinese hackers who breached Google gained access to sensitive data, U.S. officials say, The Washington Post, May 20, 2013

Joshua Kopstein, Metadata matters: how phone records and obsolete laws harm privacy and the free press, The Verge, May 16, 2013

The Associated Press, U.S. Secretly Obtains Two Months of A.P. Phone Records, The New York Times, May 13, 2013

Joshua Kopstein, AT&T getting secret immunity from wiretapping laws for government surveillance, The Verge, April 24, 2013

Tom Simonite, Life’s Trajectory Seen Through Facebook Data, MIT Technology Review, April 24, 2013

Steve Lohr, Big Data, Trying to Build Better Workers, The New York Times , April 20, 2013

D.B. Grady, Inside the secret world of America's top eavesdropping spies, The Week, April 12, 2012

Max Fisher, Chinese hackers outed themselves by logging into their personal Facebook accounts, The Washington Post, February 19, 2013

Mathew Ingram, The increasingly blurry line between Big Data and Big Brother, Gigaom.com, February 1, 2013

Alexis C. Madrigal, DARPA's 1.8 Gigapixel Drone Camera Could See You Waving At It From 15,000 Feet, The Atlantic, February 1, 2013

Carl Franzen, Google Reveals How U.S. Government Obtains User Information, Talking Points Memo, January 23, 2013

BBC Staff, Germany orders changes to Facebook real name policy, December 18, 2012

Julia Angwin, U.S. terror agency to tap citizen files, Wall Street Journal (via Yahoo), December 12, 2012

Spencer Ackerman, Oops! Air Force Drones Can Now (Accidentally) Spy on You, Wired, May 8, 2012

Andy Greenberg, These Are The Prices AT&T, Verizon and Sprint Charge For Cellphone Wiretaps, Forbes, April 3, 2012

James Bamford, Shady Companies With Ties to Israel Wiretap the U.S. for the NSA, Wired, April 3, 2012

BBC Staff, Email and web use 'to be monitored' under new laws, BBC News, April 1, 2012

Tracy Clark-Flory, Facebook: The next tool in fighting STDs, Slate, March 31,2012

Eric Lichtblau, Police Are Using Phone Tracking as a Routine Tool, New York Times, March 31, 2012

Charlie Savage, U.S. Relaxes Limits on Use of Data in Terror Analysis, New York Times, March 22, 2012

Laurie Segall, Facebook strips 'privacy' from new 'data use' policy, CNN Money, March 22, 2012

Darlene Storm, Shocker: NSA Chief denies Total Information Awareness spying on Americans, blog.computerworld.com, March 21, 2012

James Bamford, The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say), Wired, March 15, 2012

Julian Dibbell, The Shadow Web, Scientific American, March 2012

Bob Sullivan, Govt. agencies, colleges demand applicants' Facebook passwords, MSNBC, March 6, 2012

Matt Alexander, AT&T Plan Would Let App Makers Pay for Subscribers' Data Use, One37.net, February 27, 2012

NewsCore, Facebook spies on phone users' text messages, report says , News.com.au, February 26, 2012

Sean Gallagher, FBI turns off 3,000 GPS trackers after Supreme Court ruling, ars technica, February 26, 2012

David Carr, Blurred Line Between Espionage and Truth, New York Times, February 26, 2012

Charles Duhigg, How Companies Learn Your Secrets, New York Times, February 16, 2012

Julian Borger and Charles Arthur, Twitter users threaten boycott over censorship accusation, The Guardian, January 27, 2012

Sebastian Anthony, Google is FUBAR, ExtremeTech, January 25, 2012

Jim Giles, FBI releases plans to monitor social networks, New Scientist, January 25, 2012

Robert Barnes, Supreme Court: Warrants needed in GPS tracking, Washington Post, January 23, 2012

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Readings

The seminar will address topics on the following themes. We will be building on and updating the linked reference materials in the upcoming weeks so keep an eye on the work in this section.

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A Word on Technology Old and New About the Word

This seminar is an attempt to learn about, understand and predict the development of law in a rapidly changing area. We must assemble the field of knowledge relevant to our questions even as we begin trying to answer them. Wiki technology is an ideal match for the work we have in hand. Below you will find an introduction to this particular wiki, or TWiki, where you can learn as much or as little about how this technology works as you want.

For now, the most important thing is just that any page of the wiki has an edit button, and your work in the course consists of writings that we will collaboratively produce here. You can make new pages, edit existing pages, attach files to any page, add links, leave comments in the comment boxes--whatever in your opinion adds to a richer dialog. During the semester I will assign writing exercises, which will also be posted here. All of everyone's work contributes to a larger and more informative whole, which is what our conversation is informed by, and helps us to understand.

Please begin by registering. I look forward to seeing you at our first meeting on the 17th.

Introduction to the CompPrivConst Web

The CompPrivConst site is a collaborative class space built on Twiki [twiki.org], a free software wiki system. If this is your first time using a wiki for a long term project, or first time using a wiki at all, you might want to take a minute and look around this site. If you see something on the page that you don't know how to create in a wiki, take a look at the text that produced it using the "Edit" button at the top of each page, and feel free to try anything out in the Sandbox.

All of the Twiki documentation is also right at hand. Follow the TWiki link in the sidebar. There are a number of good tutorials and helpful FAQs there explaining the basics of what a wiki does, how to use Twiki, and how to format text.

From TWiki's point of view, this course, Computers, Privacy, & the Constitution, is one "web." There are other webs here: the sandbox for trying wiki experiments, for example, and my other courses, etc. You're welcome to look around in those webs too, of course. Below are some useful tools for dealing with this particular web of ours. You can see the list of recent changes, and you can arrange to be notified of changes, either by email or by RSS feed. I would strongly recommend that you sign up for one or another form of notification; if not, it is your responsibility to keep abreast of the changes yourself.

Misc.

CompPrivConst Web Utilities

<--   * ClassNotes2008And2009 - notes from class meetings -->

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Revision 380r380 - 25 Apr 2024 - 22:06:36 - EbenMoglen
Revision 379r379 - 25 Apr 2024 - 16:57:15 - EbenMoglen
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
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