Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Can Tech Giants Spur Surveillance Reform – or are they part of the problem?

Author: Scarinci Hollenbeck, LLC

Date: April 8, 2015

Key Contacts

Back

From gay rights to government surveillance, some of the U.S.’s largest companies have been flexing their market-cap muscles in recent weeks.

Tech Giants Surveillance
Photo by Chris Yang on Unsplash

This trend highlights the commonly understood assumption that the influence of corporate America extends far beyond the boardroom.

In response to Indiana’s new religious freedom law, several companies have pledged to limit their business activities in that state. Companies, such as Twitter, Yelp, Salesforce, and Eli Lilly, contend that the law essentially authorizes discrimination against gays and lesbians – and they are taking a public stand against it.

On the issue of surveillance reform, several of the country’s leading technology companies recently joined privacy and human rights advocates in a letter urging Congress to reign in the National Security Agency’s bulk collection of telephone metadata. Notable tech signatories include Google, Inc., AOL Inc., Apple Inc., Facebook Inc., LinkedIn Corp., Microsoft Corp., Twitter Inc. and Yahoo Inc.

The USA Patriot Act, which currently authorizes the NSA’s ongoing surveillance of communications data within the United States, is set to expire in June. In the wake of Edward Snowden’s revelations regarding the extent of the federal government’s data gathering activities, critics have called for widespread changes to the law before it is reauthorized.

In their letter, the coalition states that it “believes that the status quo is untenable and that it is urgent that Congress move forward with reform.” Going forward, it makes the following recommendations:

  • There must be a clear, strong, and effective end to bulk collection practices under the USA PATRIOT Act, including under the Section 215 records authority and the Section 214 authority regarding pen registers and trap & trace devices. Any collection that does occur under those authorities should have appropriate safeguards in place to protect privacy and users’ rights.
  • The bill must contain transparency and accountability mechanisms for both government and company reporting, as well as an appropriate declassification regime for Foreign Intelligence Surveillance Court decisions.

While these efforts are seen by many as an important – if not noble – step towards continuing to counteract unreasonably intrusive NSA activity, critics continue to question such efforts. This “blame” debate continues to rage on since critics’ voices began to surface a couple of years ago that pointed to large tech companies as being partly “responsible” and sharing some measure of blame.

Whichever side you find yourself on, there will be more twists and turns to come.

At Scarinci Hollenbeck, our cybersecurity and data protection team will be closely monitoring the progress of the surveillance reform movement, particularly with respect to the efforts to terminate the bulk collection of metadata and establish greater transparency and accountability in the NSA’s future surveillance programs. Please stay tuned for updates.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!