Digital is Different: “Pole Camera” Ruling Demonstrates Evolving Fourth Amendment Rights

In what could be the first significant expansion of the Supreme Court’s finding in Carpenter v. United States, a federal district court in Massachusetts granted a motion to suppress evidence, ruling that police use of a “pole camera” represented a search under the Fourth Amendment. This ruling is an important signal of what may be to come for digital privacy rights and provides a necessary limitation on warrantless government video surveillance.

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Facebook Settlement Shows FTC Will Not Limit How Companies Use Our Data, so Congress Must

Today’s settlement asks the public to trust that Facebook can make the right decision when it comes to collecting data about children, using our faces for products and services, and processing our health and financial information. But we should not have to trust Facebook. Instead, we — and Congress — ought to determine what the rules of the road will be moving forward.

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Congress Should Make Tuesday’s Antitrust Hearing About Consumers

Congress is calling in tech giants to testify about antitrust issues. The House Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law, will hear from executives at Amazon, Apple, Facebook, and Google. This is an opportunity to address the serious competition issues that have caught the attention of candidates, policy-makers, and the public, both here and globally. Will Congress take advantage?

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Clearing Up Misinformation about Section 230

Section 230 creates the breathing room not only for direct competitors to today’s dominant sites for user-generated content, but also for the development of completely alternative models for interactive online services. Policymakers who talk about amending Section 230 need to understand these fundamental principles first.

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Advocate General Opinion in Austrian Defamation Case Raises Troubling Prospects for Access to Information

Courts across Europe are grappling with difficult issues concerning content posted online. A recent opinion from the Advocate-General of the CJEU raises troubling prospects for free expression and access to information online. The AG opinion is not a final ruling, but the Court often follows the direction set by the AG. In this instance, the court should think twice.

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How Can We Protect Privacy While Supporting Students Who Change Schools?

Changing schools can be disruptive to a student’s education. One way schools and parents can help limit this disruption is by making sure that important data follows students as they change schools. However, data portability has to be done carefully and conscientiously, because the same data that can help students hit the ground running at their new school can also hinder them there.

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