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Initial Observations on the European Commission’s E-Evidence Proposals

On April 17, the European Commission published its long-awaited draft legislation on E-Evidence to facilitate cross-border demands for internet users’ communications content and metadata. EU Member States and the European Parliament will now begin their review of the proposed legislation. In this post, we more fully describe the Regulation and Directive.

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Copyright Reform: European Creators, Artists and Users Reject Upload Filtering

By now, the background to the DSM Copyright Directive is well-known. The global recording industry convinced European Commissioners about the existence of the “value gap”. The story goes that advertising-funded internet platforms that enable users to upload copyrighted content should pay record labels a larger share of their revenues. At the core, this is a commercial dispute between Youtube and a few more global content sharing platforms on one side, and on the other a handful of global record labels. However, in Article 13, the Commission proposed licensing requirements and upload filtering to give record labels more leverage in negotiations. These negotiations are by their nature confidential business discussions, and neither side discloses numbers.

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CDT’s Response to EC ‘Fake News’ Consultation: How to Tackle the Issue and Protect Free Expression?

On 23 February, CDT filed its response to the European Commission’s Consultation on Tackling ‘Fake News’. Commissioner Gabriel should be commended for launching this initiative, and we are hopeful it contributes solid European data and analysis, without which it is impossible to make recommendations for policy. However, CDT worries that the group generally lacks participation from NGOs and experts focused on protecting free expression, which brings up broader questions.

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ePrivacy Regulation, one year later: Needs focus on communications confidentiality and information security

One year after the publication of the European Commission’s proposal for an ePrivacy Regulation (ePR), the debate about how the ePR should ‘particularise and complement’ the General Data Protection Regulation (GDPR) has been contentious. This post looks at the progress made so far, and highlights the multiple issues to be resolved in the legislative process that lies ahead.

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European Policymakers Continue Problematic Crackdown on Undesirable Online Speech

One of the biggest technology policy debates in Europe this year is around the question of how societies should respond to a variety of online speech issues. Terrorist content, hate speech, copyright infringement, and ‘fake news’ – however defined – are key topics. These issues certainly warrant attention from policymakers, the companies that host the speech, and society at large. But the direction these policy responses are taking raises serious concerns about censorship and free expression.

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