Why the FTC Shouldn't Be the Only "Cop On the Beat"

As the internet has become more ubiquitous and users generate more valuable data, we have been forced consider how much privacy we are entitled to from private parties like internet service providers. Under former Chairman Tom Wheeler, the FCC answered this question through the Broadband Privacy Order in October 2016. But the order was recently repealed, and FCC Chairman Ajit Pai has suggested completely ceding oversight of consumer privacy to the FTC in his Notice of Proposed Rulemaking (NPRM). CDT has stated its opposition to previous efforts to roll back consumer privacy protections, and in this post, we will outline the basis for some of our concerns.

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Draft EU ePrivacy Regulation Ambitious, Well-Intentioned… But Too Broad and Prescriptive

Overall, we support the Commission’s decision to rewrite and update the aging 2002 ePrivacy Directive. However, the draft Regulation has such a broad scope that it threatens the possibility of unintended consequences for both the existing online ecosystem and unduly inhibiting innovative new products and services.

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5 Takeaways from the New DHS Privacy Guidance

To comply with the executive order, DHS released new policy guidance on April 27. The new policy acknowledges that DHS can no longer extend statutory Privacy Act protections to non-U.S. persons, but it also explains what the agency must do to continue to protect the privacy of non-U.S. persons. It’s still early to tell how the policy will work in practice, but here are a few takeaways.

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Parliamentary Committee Leading AVMSD Debate Rejects Upload Filtering But Leaves Much to be Desired

Despite the apparent improvements on intermediary liability protection provisions, a concern we had previously highlighted, the text adopted in the Culture & Education (CULT) committee of the European Parliament remains far from satisfactory, raising new concerns around the take down of legal content, and thus threatening freedom of expression online.

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Twitter Transparency Report Shines a Light on Variety of Ways Governments Seek to Restrict Speech Online

Transparency isn’t an end in itself. Rather, it’s a crucial vehicle for understanding the forces that shape our online experiences. Twitter’s latest report breaks ground by publishing new data about the complex interactions that social media companies can have with governments who are seeking to restrict content online. In this post, we dig into the report and discuss what it reveals about the mounting pressure from governments that intermediaries face to censor user speech.

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