Geoblocking and Platforms in the Digital Single Market: A Tale of Two Consultations

Europe is striving to remove national silos and modernize regulatory structures to create a digital single market (DSM). The Commission opened consultations to gather public input regarding two aspects of the future implementation of this goal. One asks about the difficulties of providing and accessing information and goods across national borders in the EU, presumably with the intent of reducing cross-border trade issues, online and offline. The other questions the use, value, and potential for increased regulation of certain online entities participating in two-sided markets, which the consultation dubs “platforms.”

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A Reintroduction: Online Art Rights

Gray Leonard is the Fall 2015 Communications Intern To celebrate the update of Online Art Rights – a CDT project that provides artists and others with a general overview of the legal landscape for art online – those of us at the DC office had a small party last Friday night. As the project lead, I was…

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Fair Use Gets a Legal Defense Fund and a Highlight Reel

YouTube today announced that it will provide legal indemnification for a handful of uploaded videos that are “best examples” of fair use, but nonetheless have been the subject of takedown notice under the Digital Millennium Copyright Act. The videos selected will be showcased on YouTube’s page devoted to fair use. Although only four videos have been selected thus far, this is a big deal. It demonstrates the importance of fair use in different contexts and the genuine concern of DMCA takedown misuse. YouTube’s actions also hint that Internet intermediaries might actually be competing on the ability to facilitate and protect user generated content creation.

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Body Camera Scorecard Released - Results Mixed

Today the Leadership Conference and Upturn unveiled a scorecard of body cam policies of more than 25 US police departments. The scorecard ranks agencies’ body cam policies based on eight criteria derived from the Leadership Conference’s Civil Rights Principles on Body Worn Cameras, several of which are dedicated to protecting privacy. The results, available on the scorecard website, are mixed on both privacy and transparency.

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Preview of Internet Governance Forum 2015

The Internet Governance Forum 2015 kicks off next week in João Pessoa, Brazil and CDT’s Matthew Shears will be an active participant. The theme for this IGF is the “Evolution of Internet Governance: Empowering Sustainable Development”, which seeks to highlight the role the Internet, and ICTs more generally, play in economic development. A key focus will be the importance of reinforcing the linkages between Internet governance and the Sustainable Development Goals that were adopted at the United Nations in September.

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Anonymity Isn’t a Bug – It’s a Feature

While the Tor Messenger is currently in beta release (and thus should not be used in high risk scenarios), it is a great first step and simple to install and use. People do not log on to the internet to “be anonymous,” they log on to communicate with friends, shop, read news, and share their opinions. Any technology that makes it possible to perform these tasks safely and easily is a step forward.

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World Summit on the Information Society Must Focus on Sustainable Development Goals

In December, the UN General Assembly will be convening in New York to discuss a range of issues related to Internet policy and development. This convening, a culmination of the review process of the World Summit on the Information Society, will be guided by a negotiated document that sets out the scope of issues the government representatives will discuss. Consultations with non-governmental and governmental stakeholders in October provided those drafting the document with invaluable and, at times, divergent input. But the overall message was clear: the WSIS post-2015 should contribute to achieving the targets of the UN’s Sustainable Development Goals (SDGs).

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Dart's Targeting of Credit Cards to Bring Down Website Violates the First Amendment

When a law enforcement official threatens punitive action and reputational damage against a credit card company, with the goal of seeing a website starved for funds and forced to shut down, that official has violated the First Amendment. This is the message that CDT, EFF, and the Association of Alternative Newsmedia sent to the Seventh Circuit last week in our amicus brief in Backpage v. Dart.

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