A mini-op-ed on Apple’s new encryption policy

The New York Times asked me to comment on Apple’s encryption policy on its Room for Debate page, where op-eds are half the normal size.  Here’s the link and here’s what I said: Apple is a lot like a teenager getting Edward Snowden’s name tattooed up her arm. The excitement will die, but the regrets will last. […]

By Stewart Baker September 30

Third Circuit on the mosaic theory and Smith v. Maryland

In an overlooked unpublished decision from August, a panel of the Third Circuit rejected the argument that the Jones concurrences limit the holding of Smith v. Maryland. It's just an unpublished opinion, but it's the first federal appellate decision on this important issue of surveillance law that is likely to come up in the D.C. Circuit's pending case on NSA surveillance.