Law

A federal judge will hear arguments today in a lawsuit challenging the Obama administration's claim that it can search travelers' laptops, cell phones, and other electronic devices at the border and seize them indefinitely.

Civil liberties groups filed the suit in September, which challenges the Department of Homeland Security's policies on constitutional grounds and asks a federal district court in New York City to bar the agency from continuing its current practices.

In August 2009, Homeland Security announced that it would continue a Bush administration policy that allows laptops and electronic gear to be seized and held indefinitely … Read more

New chat logs provide a detailed look at what may have motivated hacker-turned-Army enlistee Bradley Manning to allegedly turn over hundreds of thousands of sensitive documents to WikiLeaks.

The logs, released by New York magazine, show that Manning was becoming frustrated with the military's daily regimens and came to treasure his weekends off, especially the time he could spend with then-boyfriend Tyler Watkins. He maintained a sense of humor, though, and believed the Army was a "diverse place" where even a self-described "gay, libertarian, atheist, computer nerd" like himself could find a home.

The online … Read more

Amazon.com said today that it's reluctantly severing ties with affiliates in California, a move that it hopes will let it continue shipping products to state residents without collecting sales taxes.

But a little-noticed clause in the legislation that Gov. Jerry Brown, a Democrat, signed into law today gives California tax collectors a second, albeit legally untested, cudgel to use against the Seattle-based company. The law takes effect immediately.

The measure says that any retailer who "through a subsidiary" has any "place of business" in California must collect sales taxes. And--surprise!--Amazon has two subsidiaries … Read more

Editors' note: This is a guest column. See Berin Szoka's bio below.

Is there a better way forward on online privacy that straddles the divide between heavy-handed regulation and complete laissez-faire? Rep. Marsha Blackburn (R-Tenn.) has sketched out a potential "third way" to break the logjam.

Blackburn is kicking off a series of privacy roundtables to develop details of this approach, starting with one today in New York City. It's being hosted by the Interactive Advertising Bureau at their "Ad Lab" and brings together industry leaders to learn more about the state of technology … Read more

The U.S. Supreme Court today agreed to hear a lawsuit that will determine whether police need to obtain a judge's approval before installing GPS trackers on Americans' automobiles.

A ruling, which is expected by next year, will establish whether a warrant signed by a judge is required before law enforcement can engage in the practice of tracking a driver's every move on the roads. The Obama administration argues that no warrant is needed.

The case that will be presented to the justices arose out of a criminal prosecution of Antoine Jones and Lawrence Maynard, two suspected cocaine … Read more

In a ringing endorsement of free speech and new technology, the U.S. Supreme Court this morning struck down a California law that restricts the sale or rental of violent video games to minors.

"Even where the protection of children is the object, the constitutional limits on governmental action apply," Justice Antonin Scalia wrote in the majority opinion (PDF). The ruling was 7-2.

The Supreme Court's ruling unambiguously reaffirms that video games, which have become increasingly complex and in some cases more expensive to produce than movies, also qualify for full First Amendment protection.

Scalia noted that … Read more

commentary WASHINGTON--It was inevitable that Google, one of the world's largest technology companies, would find itself in the crosshairs of the Washington antitrust establishment. But what is, or should be, a little surprising is how enthusiastic the establishment became about pulling the trigger.

Take an event I moderated last week in the U.S. Capitol building organized by the free-market group TechFreedom, a nonpartisan think tank.

In theory, members of Congress and their staff carefully craft public policies that encourage the development of new technologies and benefit the entire nation. But the reality of the questions asked was less … Read more

The Federal Trade Commission and the U.S. Senate appear to be stepping up their antitrust investigations of Google, a development that could prove perilous for the Mountain View, Calif.-based company, which is already fending off a formal investigation in Europe.

The FTC is planning to serve Google with civil subpoenas as part of an examination of market power in Google's search advertising business, according to a report this morning in The Wall Street Journal.

A Google representative declined to comment on any discussions with the FTC or the possibility of a broad antitrust investigation.

Google has shed market share to Microsoft … Read more

WASHINGTON--Patrick Leahy, the chairman of the Senate Judiciary committee, said today he is optimistic that Congress would update a 1986 law, crafted in the pre-Internet era of telephone modems and the black-and-white Macintosh Plus, to protect the privacy of Americans who use the Internet and mobile phones.

The Vermont Democrat said that in his previous career as a prosecutor he had to obtain search warrants to search someone's house. "I question whether it should be that much different if I'm going to search all your files" in electronic form, he said in a keynote speech at … Read more