Susan Freiwald

Professor and Dean's Circle Scholar

Full-Time Faculty

(415) 422-6467

Biography

Professor Susan Freiwald publishes and presents widely in the areas of cyberlaw and information privacy. A former software developer, Freiwald has authored and co–authored amicus briefs in major cases involving electronic surveillance laws. She also regularly assists the Electronic Frontier Foundation with electronic surveillance litigation efforts and has served on the board of the Northern California American Civil Liberties Union. 

Professor Freiwald has organized and authored a letter on behalf of legal scholars from across the country in support of SB 178, a bill pending before the California Legislature. SB 178 clarifies that California law requires government entities to obtain a warrant to access the electronic communications data stored on cell phones and with service providers. Read the Letter.

Education
BA, Harvard University
JD, Harvard University
Prior Experience
Assistant Professor, Legal Studies Department, Wharton School of the University of Pennsylvania
Associate, Cleary, Gottlieb, Steen & Hamilton
Law Clerk, Hon. Amalya L. Kearse, U.S. Court of Appeals, Second Circuit
Expertise
Cyberlaw
Information Privacy Law
Internet Law
Privacy Law
Criminal Procedure
Awards & Distinctions

First Place Award, Constitutional Test for Government Surveillance Competition: From Jones to Drones at the Fifth Annual Privacy Law Scholars Conference (2012).

Law Review and Journal Articles
“Nothing to Fear or Nowhere to Hide: Competing Visions of the NSA's 215 Program,” 12 Colorado Technology Law Journal 309 (2014).
“Light in the Darkness: How the LEATPR Standards Guide Legislators in Regulating Law Enforcement Access to Cell Site Location Record,” 66 Oklahoma Law Review 875 (2014). Read More
“Reforming Surveillance Law: The Swiss Model,” 28 Berkeley Technology Law Journal 1261-1331 (2013). (co-authored with Sylvain Métille) SSRN
“Managing the Muddled Mass of Big Data,” (2013). Read More
“The Davis Good Faith Rule and Getting Answers to the Questions Jones Left Open,” 14 North Carolina Journal of Law & Technology 341 (Spring 2013). SSRN
“Simply More Privacy Protective: Law Enforcement Surveillance in Switzerland as compared to the U.S.,” (forthcoming). (Co-authored with Sylvain Metille.)
“Do Lawyers Violate the Driver’s Privacy Protection Act When They Obtain Drivers’ Motor Vehicle Records to Solicit the Drivers’ Participation in Litigation Without Obtaining the Drivers’ Express Consent?,” 40 American Bar Association Preview of United States Supreme Court Cases 4 (2013). (WestlawNextWestlaw ClassicLexis)
“Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact,” 70 Maryland Law Review 677 (2011). Read More
“A Comment on James Grimmelmann's Saving Facebook,” 95 Iowa Law Review Bulletin 5 (2009). SSRN
“Electronic Surveillance at the Virtual Border,” 78 Mississippi Law Journal 329 (2008). (Symposium Issue) SSRN
“Fourth Amendment Protection for Stored E-Mail,” University of Chicago Legal Forum: Law in a Networked World 121 (2008). (Co-authored with Patricia L. Bellia.) SSRN
“First Principles of Communications Privacy,” 2007 Stanford Technology Law Review 3 (2007). (The article was republished in Surveillance and Privacy Exception (Amicus Books, 2009) and Professional Privileges and Judicial Approach (Amicus Books, 2009.) SSRN
“The Fourth Amendment Status of Stored Email: The Law Professors' Brief in Warshak v. United States,” 41 University of San Francisco Law Review 559 (2007). (Co-authored with Patricia L. Bellia.) SSRN
“Online Surveillance: Remembering the Lessons of the Wiretap Act,” 56 Alabama Law Review 9 (2004). SSRN
“Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation,” 14 Harvard Journal of Law & Technology 569 (2001). SSRN
“Uncertain Privacy: Communication Attributes After the Digital Telephony Act,” 69 Southern California Law Review 949 (1996). SSRN
“Addressing the New Hazards of the High Technology Workplace,” 104 Harvard Law Review 1898 (1991).
“Generalizing Justice,” 103 Harvard Law Review 1384 (1990). (This book note reviewed Lenore Walker's, Terrifying Love)
“From Survey to Sample: Labor Market Data for Interwar London,” 18 Historical Method 125 (1985). (With Barry J. Eichengreen)
Opinion Pieces and Blog Posts
How CalECPA Improves on its Federal Namesake”, Concurring Opinions (October, 2015.)
Riley v. California: A Savvy Supreme Court Recognizes the Cyber-Difference”, American Constitution Society (June 2014)
The Four Factor Test”, SelectedWorks of Susan Freiwald (January 2013)
The Vanishing Distinction Between Real-time and Historical Location Data”, Concurring Opinions (July 2012)
Fifth Circuit Considers Constitutionality of Cell Site Location Data”, Concurring Opinions (April 2012)
Susan Freiwald on United States v. Warshak: Sixth Circuit Brings Fourth Amendment Protection to Stored Email”, Concurring Opinions (December 2010)
Freiwald on Much-Anticipated Cell Location Privacy Decision”, Concurring Opinions (September 2010)
Phone Tracking Should Require a Warrant”, ACSblog (April 2009)
Briefs
U.S. District Court, Northern District Court of California , Telephone Information Needed for a Criminal Investigation ( 2014) (No. No. 3:14-xr-90532-NC) (She prepared and filed an amicus brief, along with attorney Marcia Hofmann, in the Northern District of California in a case involving government access to historical cell site location data. She argued that the Fourth Amendment requires law enforcement agents to obtain a warrant based on probable cause before they may compel service providers to disclose customers' cell site location records. Marcia, who is a special counsel to the Electronic Frontier Foundation, filed the brief on Professor Friewald's behalf as amicus, and they partnered in writing the brief.) Read More
U.S Court of Appeals for the Fifth Circuit , In re Application of the United States for Historical Cell Site Data , amicus brief expressing concern that the SCA allows executive branch officials to police themselves ( 2013) (No. 724 F.3d 600) (Argued the case as amicus curaie.)
U.S. District Court for the Southern District of Texas , brief in opposition of government's request for review ( 2010) (No. H-10-998M, H-10-990M, H-10-981MF) (Regarding application of the United States for historical cell site data.) Read More
U.S. Court of Appeals for the Third Circuit , Appeal from Memorandum Order Entered by the U.S. District Court for the Western District of Pennsylvania ( 2009) (No. 08-4227) (Authored amicus briefs in a case involving the legal procedures under which law enforcement agents can compel cellular providers to disclose historical records of cell sites passed by subscriber in his use of cell phone.) Read More
U.S. District Court for the Western District of Pennsylvania , Brief of Amicus Curiae Susan Freiwald in Favor of Affirmance ( 2008) (Authored amicus briefs in a case involving the legal procedures under which law enforcement agents can compel cellular providers to disclose historical records of cell sites passed by subscriber in his use of cell phone.) Read More
U.S. Court of Appeals for the Sixth Circuit , Warshak v. United States ( November 2006) (No. 06-4092) (Co-authored with Tricia Bellia on behalf of law professors of cyberspace law and electronic surveillance. Argued that to comply with the Fourth Amendment the Electronic Communications Privacy Act must be interpreted to require a probable-cause warrant before investigators may require internet service providers to turn over the contents of their subscribers' email accounts.) Read More
U.S. District for the Northern District of California , Hepting v. AT & T , 439 F.Supp.2d 974 ( 2006) Read More
Court Citation of Research
Supreme Court of Wisconson , State of Wisconson v. Nicolas Subdiaz-Osorio , Wis. (2014) (No. 2010AP3016–CR) (The court cites Freiwald’s artricle, "Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact," Maryland Law Review, Vol. 70, p. 677, 2011.)
U.S. District Court, Southern District Court of Texas, Houston Division , Application of the United States of America for an Order Authorizing Prospective and Continuous Release of Cell Site Location Records , S.D. Texas (2014) (No. H:13–1198M) (The court cites Freiwald’s articles, "Online Surveillance: Remembering the Lessons of the Wiretap Act," "Reforming Surveillance Law: The Swiss Model," and "Uncertain Privacy: Communication Attributes After The Digital Telephony Act.")
U.S. District Court, District of Maryland , United States of America v. Richard Anthony Wilford , D. Maryland (2014) (No. ELH–11–0258) (The court cites Freiwald’s article, "Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact," Maryland Law Review, Vol. 70, p. 677, 2011.)
U.S. District Court for the Eastern District of Michigan , United States of America, Plaintiff, v. Carlos Powell, et al. , E.D. Mich. (2013) (No. 12-cr-20052) (The court cited Freiwald's article "Cell Phone Location Data and the Fourth Amendment: A Question of Law, Not Fact," Maryland Law Review.)
U.S. Court of Appeals for the Sixth Circuit , United States v. Warshak , 6th Cir. (2010) (No. 08-3997/4085/4087/4212/4429, 09-3176) (The court cited Freiwald and Patricia L. Bellia's article "Fourth Amendment Protection for Stored E-Mail.")
U.S. District Court for the Eastern District of Wisconsin , United States of America v. David Szymuszkiewicz , E.D. Wis. (2009) (The court cited Freiwald's article "Online Surveillance: Remembering the Lessons of the Wiretap Act," Alabama Law Review.)
Supreme Court of California , Barret v. Rosenthal , Cal. (2006) (The court cites Freiwald's 2001 article "Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation," Harvard Journal of Law & Technology.)
U.S. District Court for the District of Arizona , Hy Cite Corporation v. Badbusinessbureau , D. Ariz. (2005) (No. CIV. 04-2856 PHX EHC) (The court cites Freiwald's 2001 article "Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation," Harvard Journal of Law & Technology.)
U.S. Court of Appeals for the Ninth Circuit , Batzel v. Smith , 9th Cir. (2003) (No. 01-563830, 01-56556) (The court cites Freiwald's 2001 article "Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation," Harvard Journal of Law & Technology.)
Presentations
Panelist, “How Does Technology Impact Conceptions of Privacy in Search and Seizure Law,” Privacy Symposium, “The Future Frontiers of Online Privacy at the Centre for Innovation Law and Policy, University of Toronto,” Ontario, Canada (January, 2016)
Panelist, “What is Privacy Crime?,” Privacy Crimes: Definition and Enforcement, Santa Clara Law School, Santa Clara, CA (October, 2015)
Panelist, “Data? Metadata? Third Party Data?,” Symposium on Government Access to Data in the Cloud, hosted by the NYU School of Law Information Law Institute and the Center on Law and Security, New York City, N.Y. (May 2015)
Moderator, “Big Data, Bigger Deal,” USF Law School's IPCLA, BLA and APALSA event, San Francisco, Calif. (February 2015)
Panelist, “Technological Advances and Criminal Procedure,” Privacy, Technology and the Law Symposium at the University of Michigan Law School, Ann Arbor, Mich. (February 2015)
Panelist, “Privacy and the Fourth Amendment in a Digital Age,” The Appellate Judicial Education Institute Summit, Dallas, Texas (November 2014)
Presenter, “Privacy Issues Relating to Cell Phone Data,” Judicial Education Series, Sixth District Court of Appeal, San Jose, Calif. (September 2014)
Moderator, “Session discussing Christopher Wolf’s paper on conducting Use Analysis to Measure and Mitigate Privacy Harm,” Georgetown Law School, “Seventh Annual Privacy Law Scholars Conference,” Washington D.C. (June 2014)
Panelist, “Digital Media in the Age of NSA Surveillance,” Computer History Museum, “Legal Frontiers in Digital Media: The Seventh Annual Conference on Emerging Legal Issues Surrounding Digital Publishing and Content Distribution,” Mountain View, Calif. (May 2014)
Panelist, “Electronic Communications Privacy Act Reform,” Stanford Law School,, “Privacy Challenges in the Internet Age,” Stanford, Calif. (April 2014)
Panelist, “Government, Data Collection, and Surveillance,” UC Hastings College of the Law,, “The Value of Privacy,” San Francisco, Calif. (April 2014)
Presenter, “What NSA Surveillance Means for Business and Entrepreneurship,” University of Colorado, “Silicon Flatirons Center and ACLU of Colorado Roundtable,” Boulder, Colo. (January 2014)
Presenter, “The New Frontiers of Privacy Harm,” Silicon Flatirons Center for Law, Technology, and Entrepreneurship at the University of Colorado,, “Is Government Surveillance Harmful?,” Boulder, Colo. (January 2014)
Panelist, “Law Enforcement Access to Third Party Records,” University of Oklahoma,, “Oklahoma Law Review Symposium,” Norman, Okla. (November 2013)
Presenter, “Presentation On Privacy,” Federal Reserve Bank of San Francisco, “Federal Reserve's Information Technology Law Work Group Training,” San Francisco, CA (October 2013)
Panelist, “INET San Francisco: Surveillance and Public Policy,” CNET Headquarters, San Francisco, Calif. (October 2013)
Presenter, “Lunchtime Debate About National Security Agency Surveillance,” University of San Francisco School of Law,, “NSA Surveillance: Balancing National Security v. Civil Liberties,” San Francisco, Calif. (October 2013)
Presenter, “Managing the Muddled Mass of Big Data,” Big Data and Privacy: Making Ends Meet, Washington D.C. (September 2013)
Presenter, “Current Privacy Conflicts Arising from Social Networks,” New Jersey Civil Division Education Conference, New Brusnwick, N.J. (April 2013)
Panelist, “Evaluating the Computer Fraud and Abuse Act Reform Proposals,” University of California Hastings College of the Law Communications and Entertainment Law Journal and Hastings Science and Technology Law Journal,, “The Computer Fraud and Abuse Act: Transformation After Tragedy,” San Francisco, Calif. (March 2013)
Panelist, “The Fourth Amendment and Tracking After U.S. v. Jones,” Yale Law School,, “Location Tracking and Biometric Conference,” New Haven, Conn. (March 2013)
Panelist, “Responding to Law Enforcement,” Stanford Program in Law, Science and Technology's Ninth Annual Stanford E-Commerce Best Practices Conference, Palo Alto, Calif. (June 2012)
Presenter, “Free Speech and Due Process Concerns with Protect IP Act and SOPA,” University of San Francisco School of Law McCarthy Institute and Microsoft Corporation Symposium,, “Trademark Law and Its Challenges,” New York, N.Y. (February 2012)
Panelist, “Mapping our Privacy: Use and Misuse of Location Data,” University of San Francisco Law Review Symposium,, “Big Brother in the 21st Century? Reforming the Electronic Communications Privacy Act,” (February 2012)
Presenter, “A Primer on Electronic Privacy Law,” University of San Francisco Law Review Symposium,, “Big Brother in the 21st Century? Reforming the Electronic Communications Privacy Act,” (February 2012)
Presenter, “Current Problems in Con Law,” UC Hastings College of the Law, San Francisco, Calif. (January 2012)
Presenter, “The ACLU's Work on Electronic Communications and Information Privacy,” American Civil Liberties Union of Northern California, San Francisco, Calif. (November 2011)
Presenter, “Mapping Our Movements: Law Enforcement Access to Cell Site Location Data,” Whittier Law School's 29th Annual Law Review Symposium, “The Law of the Smart Phone,” Whittier, Calif. (November 2011)
Presenter, “Warshak in the Workplace (on the Workplace Diversity Panel),” University of Wisconsin Law School Symposium, “The Constitutionalization of Labor and Employment Law,” Madison, Wis. (October 2011)
Presenter, “Is Big Brother Tracking You: Location Data and Fourth Amendment Privacy,” Yale Information Society Project Speaker Series, New Haven, Conn. (September 2011)
Panelist, “Privacy Responses to Big Data,” The Bipartisan Policy Center and the Center for Democracy and Technology Conference, “The Emerging Reality of Big Data: Over-the-Horizon Opportunities and Challenges for National Security and Privacy,” Washington, D.C. (June 2011)
Moderator, “Big Data and Privacy,” Privacy Law Scholars' Conference, Berkeley, Calif. (June 2011)
Presenter, “Constitutional Protection of Cell Site Location Data and Related Information,” Stanford Law School, “Law, Science, and Technology Colloquium,” Palo Alto, Calif. (May 2011)
Panelist, “Individual Privacy: Challenges Grow as Technology Flourishes,” 2011 Alaska Bar Convention, Fairbanks, AK (May 2011)
Presenter, “Social Media: Legal Implications and 'Real World' Legal Implementations,” Northern California Association of Law Libraries Spring Institute, “Winds of Change: Where the Legal Industry is Going and How to Harness the Power of Opportunity Conference,” San Francisco, Calif. (April 2011)
Panelist, “Shifting Standards for Law Enforcement and Government Access to Location Data,” Fordham University's Fifth Annual Law and Information Society Symposium, “Mobile Devices, Location Technologies, and Shifting Values,” New York, N.Y. (March 2011)
Panelist, “Technology: Shaping the Task of Lawmaking,” UC Berkeley School of Law Conference, “Technology: Transforming the Regulatory Endeavor,” Berkeley, Calif. (March 2011)
Panelist, “The Implications of DNT,” UC Berkeley Center for Law and Technology, “Browser Privacy Mechanisms Roundtable,” Berkeley, Calif. (February 2011)
Presenter, “Privacy Rights and Social Media,” Globalaw Annual Members Meeting Hosted by Hanson Bridgett LLP, San Francisco, Calif. (November 2010)
Panelist, “Privacy Law,” Stanford Program in Law, Science, and Technology at the Stanford Center for Computers and the Law, “Intelligent Privacy Management Symposium,” Palo Alto (March 2010)
Presenter, “What a New ECPA (Electronic Communications Privacy Act) Should Regulate,” University of Colorado Silicon Flatirons Center for Law, Technology, and Entrepreneurship Conference, “Reforming Internet Privacy Law,” Boulder, Colo. (December 2009)
Presenter, “Section 230 of the Communications Decency Act (including the legitimacy of the section and recent developments),” Bar Association of San Francisco IP and Internet Law Section Seminar, “Web 2.0, Defamation on the Web, and the Role for Web Providers,” San Francisco, Calif. (May 2009)
Presenter, “Electronic Communications Surveillance and the Fourth Amendment,” New York University’s Information Law Institute and the Department of Culture and Communication Information Technology and Society Series, February 2009 (New York, N.Y.)
Moderator, “First Annual Privacy Law Scholars Conference,” George Washington University, Washington, D.C. (June 2008)
Presenter, “Fourth Amendment Inside the Electronic Border,” University of Mississippi Center for Justice and the Rule of Law in collaboration with the National Judicial College Symposium for Appellate Judges on Computer Searches and Selected Fourth Amendment Issues Fourth Amendment at the International Border Symposium, Oxford, Miss. (April 2008)
Presenter, “Fourth Amendment Protection for Stored Communications,” Stanford Law School, “Spring 2008 Law, Science, and Technology Colloquium,” Palo Alto (February 2008)
Presenter, “The Limits of Immunity for Third Party Content,” the Santa Clara Computer and High Tech Law Journal Symposium: Internet Collaboration, Charting the Waters of Virtual Worlds, Web. 2.0 and the GPL, Santa Clara (February 2008)
Moderator, “Social Control: Issues of Privacy and Autonomy,” University of San Francisco Law Symposium, “The Toll Roads: The Legal and Political Debate over Net Neutrality,” (January 2008)
Presenter, “The Right to Privacy in IT Systems in U.S. Law,” Stanford University 2008 Transatlantic Information Law Symposium, Palo Alto (2008)
Presenter, “Privacy Rights in the Electronic Age,” Nebraska Judges Meeting, Lincoln, Neb. (October 2007)
Presenter, “What Fourth Amendment Protection for E-mail Means for Electronic Surveillance,” University of Chicago Legal Forum 2007 Symposium, “Law in a Networked World,” (October 2007)
Presenter, “First Principles of Communication Privacy,” Stanford Law School Forum, “Beyond a Physical Conception of the Fourth Amendment: Search and Seizure in the Digital Age,” Palo Alto (January 2007)
Presenter, “Intermediary Liability for Defamation after the Barrett case,” Stanford Law School, “Fall 2006 Law, Science, and Technology Colloquium,” Palo Alto (November 2006)
Presenter, “The Warshak Case and Electronic Surveillance,” University of San Francisco Law Symposium, “Companies Caught in the Middle,” (October 2006)
Presenter, “A Historical Perspective on Current Trends in Information Privacy and Security Law,” Practicing Law Institute Seventh Annual Institute on Privacy Law, “New Developments and Compliance Issues in a Security Conscious World,” San Francisco (June 2006)
Presenter, “Third Party Liability for Online Defamation,” Electronic Frontier Foundation Cybersalon, San Francisco (December 2004)
Presenter, “What Inhibits Congress from Reforming the Law of Online Surveillance?,” Stanford Law School, “Fall 2005 Law, Science, and Technology Colloquium,” Palo Alto (December 2005)
Presenter, “Reforming Surveillance Law in a Climate of Fear,” UC Berkeley School of Law, “Property and Contract Law Go High Tech,” (October 2005)
Presenter, “Treble Damages and Private Remedies,” University of San Francisco Law Review Symposium, “The Uncertain Future of Antitrust,” (October 2005)
Moderator, “Software after Copyright,” Stanford Law School, Palo Alto (April 2005)
Presenter, “U.S. v. Councilman Debate,” Computers, Freedom, and Privacy Conference, Seattle, Wash. (April 2005)
Presenter, “Regulating Digital Technology in the Criminal Law: Federal Law, State Law, Federal Preemption, and Overarching Policy Issues,” California Senate Public Safety Committee Hearing, “Crime by the Digits: Digital Communication and California Criminal Law,” Santa Clara (March 2005)
Presenter, “Treating Online Surveillance Like A Wiretap,” Cardozo Law School Modest Proposal Conference, New York, N.Y. (February 2005)
Presenter, “Online Surveillance,” UC Davis School of Law Faculty Lunch Series, Davis (November 2004)
Presenter, “Online Surveillance and Comparative Institutional Analysis,” University of Wisconsin Law School Comparative Institutional Analysis Symposium, Madison, Wis. (September 2004)
Presenter, “Defamation Liability for Online Intermediaries,” presentation to E-Commerce class, Stanford Law School, Palo Alto (April 2003 and December 2003)
Presenter, “Electronic Privacy after the USA Patriot Act,” St. Thomas More Society Luncheon Speaker Series, San Francisco (January 2002)
Presenter, “The Constitutionality and Necessity of Electronic Data Privacy Protections,” Chapman University School of Law Intellectual Property, Free Speech, and Economic Rights Conference, Orange (April 2001)
Presenter, “A Comparative Institutional Analysis of Online Defamation,” Santa Clara University Law School Privacy in the New Millennium Conference, Santa Clara (February 2000)
Presenter, “Cyberspace Law Overview,” University of San Francisco Law Review Symposium, “Reviewing the Year in Cyberspace,” (February 1999)
Presenter, “Legal Change and the Internet: Should it be Up to Congress or to the Courts to Navigate the Information Superhighway?,” Academy of Legal Studies in Business Conference, (August 1996)
Presenter, “The Digital Telephony Law: The Uncertain Privacy of Communication Attributes,” Academy of Legal Studies in Business Conference, (August 1995)
Media
"Cellphone Tracking: Require A Warrant", New Hampshire Union Leader, 05/19/2015
"Police Can Track Your Cell Phone Without a Warrant -- For Now", National Journal, 05/06/2015
"Court’s Reversal Leaves Phones Open to Warrantless Tracking", Wired Magazine, 05/05/2015
"Your Old Emails Are Fair Game to the U.S. Government", Business Insider  , 02/12/2015
"Facebook Lawsuit Shows How Outdated Our Privacy Laws Are", Tech Cheat Sheet, 12/30/2014
"Yahoo Atty Says Judge Questioned Harm Of Surveillance", Law360, 11/16/2014
Bloomberg Law: Yelp Sued Over Anonymous Commenters, Bloomberg Radio/Bloomberg Law Podcast, 10/31/2014
"Facebook Tells the DEA That Fake Accounts and Covert Ops are Not Welcome", Vice News, 10/22/2014
"Google Wi-Fi Roundup Has Lawyers Chasing Landmark Jackpot", Bloomberg Businessweek, 09/26/2014
"Getting Rid of Nude Celebrity Photos on the Web is a Lost Cause", Mashable, 09/04/2014
"A National Consensus: Cell Phone Location Records Are Private", Electronic Frontier Foundation, 07/29/2014
"Worried about the government? Internet giants also dip their hands in the cookie jar", PCWorld, 03/21/2014
"Obama Speech Praised for Goals, Less So for Specific Steps", Telecommunications Reports International, 01/17/2014
"Switzerland won’t save you, either: Why e-mail might still be safer in US", Ars Technica Addendum, 12/22/2013
"Take Five With Susan Freiwald", USF Magazine, 12/01/2013
Old Law, New Tricks, Columbia Journalism Review, 11/01/2013
Broadcast on Drug Kingpin Arrested, KNTV (NBC) San Francisco, 10/03/2013
"NSA's Big Data Efforts Need Transparency, Privacy Advocates Say", PC World.com, 09/10/2013
"Professors Call Data Collection Under Verizon Order Illegal, Dangerous in Supreme Court Brief", States News Service, IU News Room, 08/09/2013
"NJ Supreme Court: Warrants Required to Collect Cell Phone Data", The Takeaway (KQED 88.5 FM), 07/22/2013
"Secret Laws", HuffPost Live, 06/20/2013
"Conflict Between Privacy Rights and Security is Nothing New", MPR News' The Daily CIrcuit, 06/18/2013
"Source: Obama Considering Releasing NSA Court Order", NPR's The Two-Way, 06/15/2013
"Lawyers Scrutinize Constitutionality of Surveillance Programs", The BLT: Blog of Legal Times, 06/14/2013
"USF School of Law Professor Susan Freiwald on Current TV", Current TV, 06/13/2013
"Letters and Politics - June 12, 2013 at 10:00am", Letters and Politics (KPFA 94.1 FM), 06/12/2013
"NSA Leaker's Claims Doubted By Tech, Intelligence Analysts", NPR, 06/12/2013
"Experts Doubt NSA Leaker's Claim About Wiretaps", NPR's The Two-Way, 06/12/2013
"Google Details How It Hands Over Data to Federal Officials", The Washington Post, 06/12/2013
"Obama Defends NSA Prism, Google Denies Back Door", InformationWeek's Security Tech Center, TechWeb, 06/08/2013
"SURVEILLANCE: Bay Area Residents Divided Over Obama's Surveillance Operation", KTVU Channel 2 News, 06/07/2013
"PHONE RECORDS: Goverment Admits to Collecting Verizon Phone Records", KTVU Channel 2 News, 06/06/2013
"Metadata Matters: How Phone Records and Obsolete Laws Harm Privacy and the Free Press", The Verge, 05/16/2013
"Silent Sting", San Francisco Bay Guardian, 04/09/2013
"Google Searches for a Fight on National Security Letters", Tech News World, 04/05/2013
"'Aaron’s Law' Leads to Mixed Reactions", AirTalk (89.3 KPCC, Southern California Public Radio), 01/18/2013
"Privacy Law Can't Keep Up with Digital Age", San Francisco Chronicle, 11/17/2012
"Apple Leads Legal Battle Over E-Commerce vs. Privacy Rights in California Supreme Court", San Jose Mercury News, The Oakland Tribune, etc., 11/06/2012
"No Privacy for Cellphone Users, U.S. Argues", Courthouse News Service, 10/03/2012
"Justice Dept. to Defend Warrantless Cell Phone Tracking", CNET News, ACLU, LinkedIn Today, Electronic Frontier Foundation, i360Gov, etc., 10/02/2012
"Twitter and Your Privacy", American Public Media's Marketplace Tech Report, 08/30/2012
"The Vanishing Distinction Between Real-time and Historical Location Data", Concurring Opinions, 07/17/2012
"GPS Warrant Debate Likely To Climb Back To High Court", Law360, 07/17/2012
"Twitter Subpoena Raises a Storm of Legal Questions", JD Journal, 06/04/2012
"Obama Administration Argues No Warrant Required for GPS Tracking of Citizens", The New American, 06/04/2012
"U.S. Argues to Preserve GPS Tracking", Wall Street Journal, 05/31/2012
"Legal Battle Over Twitter Subpoena Heats Up", Reuters, CNBC, ABS-CBN News, and others, 05/31/2012
"Suits Allege Cell Phone Tracking Software Violates Federal Wiretap Act", The National Law Journal, Law Technology News, 05/22/2012
"Twitter Defense of Occupy Protester’s Tweets is Landmark Case, Experts Say", TPM (Talking Points Memo), 05/09/2012
"Passing the Buck on Location Tracking", Politico, 05/03/2012
"Autodesk Lawsuit Claims Menace from Mysterious Online Foes", The Marin Independent Journal, 04/29/2012
"Fifth Circuit Considers Constitutionality of Cell Site Location Data", Concurring Opinions, 04/10/2012
"US Police Track Cellphones without Warrants", Al Jazeera, 04/06/2012
"How California Cops Grab Phone Data from Apple, Google, Carriers", The Tech Chronicles (San Francisco Chronicle blog), 04/03/2012
"Supreme Court Ruling Prompts FBI to Turn Off 3,000 Tracking Devices", The Note (ABC News blog), 03/07/2012
"Introducing Guest Blogger Susan Freiwald", Concurring Opinions, 02/27/2012
"Feds Argue Using a Fake Name Can Deprive You of Rights", Wall Street Journal, 02/14/2012
"From the Bench: U.S. Supreme Court", Newsletter on Intellectual Freedom (American Library Association), 11/01/2011
"Move Over, Marlowe—Spouse Spy's on the Case", AirTalk (89.3 KPCC, Southern California Public Radio), 10/31/2011
"Electronic Communications Privacy Act is Outdated: U.S. Gov’t Can Read Emails Without Warrant", Death and Taxes, 10/21/2011
"U.S. Sweep Nets Private Email Addresses", Al Jazeera, 10/12/2011
"ISP Members File Supreme Court Amicus Brief on GPS Tracking in U.S. v. Jones", Information Society Project website, 10/09/2011
"FAQ: Which Social Networks Fight for Your Rights?", PCWorld, 09/27/2011
Broadcast on privacy rights in the digital age, Lady Brain with Steph and Lauren Green 960AM (San Francisco), 09/17/2011
"Court Case Asks if 'Big Brother' is Spelled GPS", New York Times, 09/10/2011
"Taking Stock: Digital Danger", Bloomberg, 06/24/2011
"The Final Word", Bloomberg Radio, 06/24/2011
"Mobile Privacy Issues Come to Capitol Hill—Apple’s iOS4 to be Examined in Senate Hearing", Information Today, 05/09/2011
"E-mail is Protected from Unreasonable Search and Seizure, Circuit Rules", Inside Counsel, 04/01/2011
Broadcast on communications privacy (also featuring Electronic Frontier Foundation), Forthright Radio (KZYX), 02/16/2011
"WikiLeaks Backers 'Anonymous' to be Probed by U.S. Grand Jury", Bloomberg, 02/09/2011
"The Government Wants Your Internet Service Provider to Keep Better Track of You", Marketplace Tech Report, 01/27/2011
"Data Privacy Day Brighter to Advocates Because of Appeals Court Victories", Communications Daily, Washington Internet Daily, 01/26/2011
"Appellate E-Communication Privacy Rulings Impetus to Push for Reforms to ECPA", Electronic Commerce & Law Report, 01/26/2011
"Broadcast on the Fourth Amendment and electronic surveillance", Letters to Washington (KPFA), 01/20/2011
"¿Se somete a un juez de California? Sí, acepto", El Pais, 01/13/2011
"Surviving in the Wild West of Binary Information Brokers", Motherboard.TV, 01/12/2011
"1986 Privacy Law is Outrun by the Web", The New York Times, 01/09/2011
"Susan Freiwald on United States v. Warshak: Sixth Circuit Brings Fourth Amendment Protection to Stored Email", Concurring Opinions, 12/17/2010
"ConsumerWatch: More Retailers Scanning ID's During Returns", CBS 5 Eyewitness News, 12/07/2010
"Freiwald on Much-Anticipated Cell Location Privacy Decision", Concurring Opinions, 09/13/2010
"Third Circuit: Prosecutors May Need Probable Cause for Cell Phone Data", The Legal Intelligencer, 09/08/2010
"Ruling: Cell Phone Data Subject to Warrant", Pittsburgh Tribune-Review, 09/08/2010
Broadcast on NSA Surveillance Program, Encuentro de Mundo, 03/23/2010
"Court Hearing Argues Cell Phone Privacy Rights", The Philadelphia inquirer, 02/13/2010
"Phone Tracking Should Require a Warrant", American Constitution Society Blog, 04/17/2009
"California ruling could help mayor", Detroit Free Press, 06/20/2008
"New Jersey Constitution's Privacy Right Protects Subscriber Information Held by ISPs", BNA Electronic Commerce & Law Report, 04/30/2008
Service
Oral Argument, U.S. Court of Appeals for the Fifth Circuit, In Re Applications of the United States of America for Historical Cell Site Data (October 2012). (2012)
Oral argument, U.S. Court of Appeals for the Third Circuit (February 2010). (2010)
Appointee, Palantir Council of Advisors on Privacy and Civil Liberties (October 2012). (2012)
Faculty Advisor, University of San Francisco Law Review Symposium, "Big Brother in the 21st Century? Reforming the Electronic Communications Privacy Act," San Francisco, Calif. (February 2012). (2012)
Organizer and Facilitator, Department of General Counsel and Privacy-Stakeholders Meeting (San Francisco, Calif.) (October 2011). (2011)
Participant, Privacy Groups' Roundtable, Washington, D.C. (June 2011). (2011)