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German Foreign Intelligence Bill Fails Human Rights Standards

The German Bundestag will soon vote on an intelligence surveillance bill entitled Draft Law on Foreign-Foreign Communications Intelligence of the Federal Intelligence Service, that will permit the BND to surveil foreigners’ communications from within Germany. (This differs from the domestic surveillance normally conducted by the Federal Office for the Protection of the Constitution). Currently this practice is arguably illegal, as the relevant language in the statute is ambiguous. This bill is problematic, because it is inconsistent with requirements for nondiscrimination, foreseeability, and oversight in constitutional, European, and international human rights law.

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Send CDT to SXSW 2017

In 2015 and 2016, CDT made a splash at SXSW, but we think the third time is the charm. We have five great panels in store for Austin in 2017, but we need your help to get us there. The PanelPicker is now open through September 2 — vote for CDT! Here are our submissions.

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Self-Driving into the Future: Putting Automated Driving Policy in Top Gear

There are a number of pressing issues in autonomous vehicle policy. First, the regulation of semi-autonomous cars and what standards manufacturers should be held to. Second, the concept of including black boxes in cars, and dealing with other privacy-related issues arising from the development of self-driving cars. And finally, the conversation around developing infrastructure to facilitate the growth of autonomous cars.

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All Bots Must Die: How a New Senate Bill to Combat Botnets Could Put Privacy at Risk

How should the US government deal with the very serious threats posed by botnets? Senators Whitehouse (D-RI), Graham (R-SC), and Blumenthal (D-CT) believe a solution is their Botnet Prevention Act, which was introduced in May. While much of the bill may sound reasonable at first pass, it contains a number of provisions that pose cybersecurity and privacy risks.

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Only Humans Need Apply: Job Prospects Following Advances in AI

Last week, in response to a Request for Information from the White House Office of Science and Technology Policy, CDT submitted a report on “Preparing for the Future of Artificial Intelligence” (“AI”). Our comments focused on how the government can reduce inequality in the workforce and promote societal progress as AI advances. CDT believes in the power of AI, and suggests policy improvements specifically to: (1) use AI for public good, (2) address social and economic implications caused by AI, and (3) harness AI with scientific and technical training.

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Community, Identity, Speech, and Power

As we look forward to our next twenty years, we must ask ourselves: Are we achieving our goal of promoting an empowering internet that truly enables individual users to speak and be heard, to exercise control over their online identity, and to connect with one another in pursuit of a sense of belonging and community? This year, CDT is launching a long-term focus on these and other questions whose common theme is “Community” online.

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The Microsoft Ireland Case: A Clear Answer, An Uncertain Future

Last week, the U.S. Second Circuit handed Microsoft a decisive victory, holding that warrants for electronic content issued under the Stored Communications Act (SCA) cannot reach data located overseas. The court’s message was simple: SCA warrants cannot reach data outside the U.S. because Supreme Court precedent creates a presumption against extraterritoriality absent clear Congressional intent. However, the long-term implications of the case, and the future of law enforcement cross-border data requests, are still murky at best.

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BEREC

CDT Responds to BEREC’s Draft Net Neutrality Guidelines

CDT contributed actively to the TSM Regulation process from the publication of the Commission’s proposal in September 2013 until its adoption in late 2015. We welcomed the final text, and noted that while it could have been more precise on what services ISPs may run in addition to Internet Access Services, what traffic management practices are allowed, and how commercial practices such as zero-rating should be treated, the same can be said of the US Open Internet regulation. Regulators will need to deal with these complicated questions in an evolving technology and market environment.

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