CDT Urges Court to Uphold Fourth Amendment Protections for Email Content

Recently, CDT joined the Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and the Brennan Center for Justice in a brief to argue that a user’s Fourth Amendment rights in email content do not expire when an email service provider terminates a user’s account pursuant to its terms of service. The government must still obtain a warrant prior to searching that user’s email account. The case is United States v. Ackerman, in which a district court determined – based on those facts – that a warrant was unnecessary to access email content because termination of the account vitiated the account holder’s reasonable expectation of privacy in his email. The case was appealed and we filed an amicus brief opposing this holding.

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Get to Knows CDT’s Fellows: Mark Raymond

Mark Raymond is the Wick Cary Assistant Professor of International Security at the University of Oklahoma. He is also one of CDT’s non-resident Fellows, engaging with our policy teams to provide valuable insight from his research. In this Q & A we get to learn more about Mark and his current work.

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Paid Prioritization: We Have Solved This Problem Before

Net neutrality does not end today, but that doesn’t mean the debate is standing still. Instead, some in the telecom industry have argued for watered-down consumer protections, most recently on the subject of paid prioritization, or when online companies pay ISPs to give their data traffic preferential treatment. Unfortunately, ISPs and their advocates have tried to hide the negative effects and incentives paid prioritization creates.

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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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Ten Human Rights Criteria for Cross Border Demands

The European Commission is slated to announce an initiative to facilitate cross-border demands for internet users’ communications content. CDT has prepared a list of human rights protections that should be built into any mechanism designed to facilitate cross-border law enforcement demands, and after the E-Evidence proposal is unveiled, we intend to grade it against this list.

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DNS: Strengthening the Weakest Link in Internet Privacy

For many, the conversation about online privacy centers around a few high-profile companies, and rightly so. We consciously engage with their applications and services and want to know who else might access our information and how they might use it. But there are other, less obvious ways that accessing the World Wide Web exposes us. One such part of the web’s infrastructure, the Domain Name System (DNS), “leaks” your private information, but there are now ways to better protect your privacy and security.

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The Zuckerberg Hearings: Hits, Misses, and Unanswered Questions

The House and Senate grilled Facebook CEO Mark Zuckerberg for a total of ten hours this week, covering privacy, content policy, and election interference. The hearings didn’t reveal new information about Facebook’s practices, but they suggested that many members of Congress are ready to move on from the status quo of weak privacy protections and unfettered data collection by companies in the U.S.

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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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