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Supreme Court Fails to Address Privacy Harms to Consumers by Passing on Frank v. Gaos

As our society moves increasingly online, more and more information about our private lives is shared with companies, many of which pass the information along to third parties without our knowledge. Occasionally, the information shared is personal or sensitive, and results in frustration from consumers that their privacy is being violated. Historically, these consumers have turned to the courts as a way to right these wrongs. Unfortunately, the Supreme Court, in sending Frank v. Gaos back to the lower court is a bad sign for privacy advocates hoping to retain a valuable tool to protect consumer privacy.

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Balancing the Scale of Student Data Deletion and Retention in Education

Deleting data is harder than you might think, and we’ve created some guidance about how to manage this complex task in an education context. We hope that the tools we provide can serve as starting points for practitioners to build robust data management in their own organizations, so that they can get the most out of their data while protecting their students.

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European Court of Human Rights to Reexamine Bulk Collection

On February 5, the European Court of Human Rights announced that the Grand Chamber will reexamine two cases that challenged the United Kingdom and Sweden’s bulk interception regimes. The minimum safeguards adopted in past ECtHR case law were unevenly applied between the two cases, resulting in confusion about what standards should govern bulk interception regimes. We hope the Grand Chamber will determine that bulk interception is not human rights-respecting, and that if it does not, that it will require robust safeguards that protect the privacy rights of those subject to these types of regimes.

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Why the EU Copyright Directive is a Threat to Fair Use

The Legal Affairs Committee of the European Parliament voted to approve the text of a provisional agreement on the long-debated Copyright Directive. This directive contains some provisions that, if adopted, will change the nature of the web in the EU. The most troubling is Article 13, AKA “upload filters”, which would reverse course on one of the web’s long-standing legal foundations, and risks damaging a fundamental aspect of copyright policy here in the U.S., fair use.

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The American AI Initiative: A Good Start, But Still A Long Way to Go

This week, President Trump signed an executive order titled the “American AI Initiative.” While this order lays out some useful first steps toward a larger national policy and course of action for artificial intelligence, the administration will need to do more to ensure its goal of maintaining American leadership in AI technologies. Although the order’s broad “policies and principles” section includes calls to preserve civil liberties, privacy, and American values, it is not entirely clear what those values are or whether they might conflict with the other priorities listed in the order. In this post, we’ll talk about what the order does and does not do.

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