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Paywall to Georgia's State Legal Code a Broad Misapplication of Copyright Protections

CDT joined the ACLU Foundation, the ACLU Foundation of Georgia, the Southern Poverty Law Center, and the Georgia Coalition for the People’s Agenda on an amicus brief in Code Revision Commission v. Public.Resource.Org. The brief calls on the U.S. Court of Appeals for the 11th Circuit to preserve equal access to justice by upholding established precedent that bars the state from copyrighting its laws.

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“Hacking Back” a Recipe for Digital Arms Race

“Malicious hacking”—using technological means to penetrate or manipulate the networks, data, or devices of others without permission is a threat to the Internet and to the health of the Internet infrastructure companies that serve as its backbone. “Hacking back” would make us all more vulnerable to more sophisticated and frequent attacks. Our focus should be on protecting networks from intrusion, rather than making them more vulnerable by turning the Internet ecosystem into a digital war zone.

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Cross Border Data and Human Rights – Lawfare Blog with Privacy International

CDT’s Greg Nojeim and Privacy International’s Scarlet Kim have authored a blog post about the UK-US cross border law enforcement demands agreement and the legislation the U.S. Department of Justice proposed to clear the way for the agreement. Nojeim and Kim argue that changes are needed to the proposed legislation in order to protect human rights.

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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 But the order was recently repealed, and FCC Chairman Ajit Pai has suggested completely ceding oversight of consumer privacy to the FTC in his Notice of Proposed Rulemaking (NPRM).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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