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
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

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.

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