Elizabeth Goitein

Elizabeth Goitein is co-director of the Liberty and National Security program at the Brennan Center for Justice at NYU School of Law.

Recent Articles

Why Your New iPhone Has Law Enforcement In a Tizzy

Apple’s move won’t lead to terrorist attacks or unsolved kidnappings; it will simply make FBI investigators’ jobs a bit harder.

iStock/07-12-09 © billyfoto
07-12-09 © billyfoto T he debut of a new iPhone is always big news, but this time it’s surrounded by unusual controversy. That’s because the iPhone6 automatically encrypts the phone’s contents. Decrypting requires a code that the user sets and does not share with Apple—which means that, if the FBI orders Apple to turn over data kept on the customer’s phone, the company will produce data that amount to “gibberish” (as the New York Times reported ). The FBI then will have to decrypt the data—a process that could take years—or try to compel the user to reveal the code. FBI director James Comey responded with outrage, claiming that companies like Apple are “marketing something expressly to allow people to hold themselves beyond the law.” Other law enforcement officials have made similar pronouncements. Yet the law doesn’t give the government any right to the contents of your phone. It’s more accurate to say that, in recent years, the advent of widespread third-party data storage has...

Our Privacy and Liberty Still At Risk, Even If Leahy NSA Bill Passes

Under the USA Freedom Act, the executive branch could exploit the absence of a bright-line restriction to engage in collection that is far broader than necessary.

AP Photo/J. Scott Applewhite
(AP Photo/J. Scott Applewhite) Senate Judiciary Committee Chairman Patrick Leahy arrives as his panel questions top Obama administration officials about the National Security Agency's surveillance programs on Wednesday, July 31, 2013. A fter a brief hiatus, legislative reform of the NSA’s bulk collection program appears to be back on track. Thanks to skillful negotiations on the part of Senator Patrick Leahy, Democrat of Vermont, and other cosponsors, the version of the USA Freedom Act that was unveiled in the Senate last week restores many of the protections that House leadership and administration officials stripped out of the House version in secret, last-minute talks. Most notably, the Senate bill clearly would prohibit the bulk collection of Americans’ telephone records and other types of information. And yet, even if the Senate version becomes law, Americans’ private information will remain vulnerable—under both the domestic programs addressed by the bill and other, much larger...