CDT responds to European Commission consultation on IPR Enforcement: no new legislation necessary

This month, CDT submitted its response to the European Commission’s consultation on “the evaluation and modernisation of the legal framework for the enforcement of intellectual property rights (IPR)”. CDT’s response restates some of the main points we raised in the context of the “Platforms Consultation”. We argue that new enforcement legislation is not necessary. We believe the existing rules relevant to the protection of intellectual property appropriately balance between rightsholders’ interest in deriving a profit from their works and the public interest in access to information, freedom of expression, and the protection of personal data.

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CDT Supports Draft NTIA Consensus Document for Drone Operations

In order to reconcile the exciting possibilities of drone operations with privacy concerns, last year President Obama called on interested stakeholders to establish best practices for “privacy, accountability, and transparency issues” regarding UAS. Today, the National Telecommunications and Information Administration (NTIA) announced that a group consisting of members of civil society (including CDT), trade groups, and companies has created a comprehensive consensus document.

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European Data Protection Authorities Chime in on Privacy Shield

The ‘Article 29 Working Party’, the body of European Data Protection Authorities (DPAs) published their eagerly awaited opinion on the EU-US Privacy Shield. In many ways, the delicate balance the DPAs strike in their analysis is consistent with expectations. Overall, the WP29 Opinion is neither a straightforward endorsement, nor a blanket rejection of the Privacy Shield.

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Anti-Crypto Bill Continues to Miss the Point

An “official” discussion draft was released but minor the fact that the new version contains only small, technical changes is concerning, and may be an indication that the crypto “debate” happening on Capitol Hill is not so much of a debate as it is a misunderstanding of what tech policy advocates are concerned about when it comes to backdoors.

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Congress Should Oppose H.R. 2666, the “No Rate Regulation of Broadband Internet Access Act”

Today, the Center for Democracy & Technology joined other consumer rights and privacy advocates in sending a letter to the leadership of the House of Representatives opposing H.R. 2666, the “No Rate Regulation of Broadband Internet Access Act.” This bill would strip the Federal Communications Commission (FCC) of authority to review certain practices of broadband providers related to their customers’ privacy. Specifically, the FCC would have no power to inquire into broadband providers’ offers of discounts or other incentives in exchange for the ability to use or disclose customers’ personal information.

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At Last: EPCA Reform Bill to Move Forward with Markup

Today, the House Judiciary Committee finally moved forward with a markup of the Manager’s Substitute to the 1986 Email Privacy Act (H.R. 699), which will amend ECPA so that, with limited exceptions, law enforcement officials will be required to obtain a warrant based on probable cause before searching and seizing data stored in the cloud. It is supported by more than 50 civil society groups, trade associations and companies big and small. CDT hopes that this vote is the beginning of a broader ECPA reform and ultimately new privacy protections for every American.

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Guidance but Not Direction: The FTC’s Tool for Mobile Health App Developers

The Federal Trade Commission released an interactive tool this week meant to help mobile health app developers determine the laws and regulations that might apply to them. The guidance is good primer for developers who want to understand basic legal compliance and it’s great that the FTC recognizes that it is as important for companies to educate themselves about privacy and security standards as it is for consumers. However, it illustrates a greater need for forward-thinking policy solutions to address gaps in protection for health data.

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How To Read A Privacy Policy: Advice from CDT Experts

Most of the information about a company’s practices is listed in a privacy policy; these policies are one of the few glimpses we have into what is happening to our personal information. While their usefulness to consumers is limited — research has demonstrated that users are usually overwhelmed by these documents — advocates can use policies to parse what companies are actually doing. CDT’s experts read privacy policies a lot, so we asked them to provide some clarity on what privacy policies actually say, and what to look for.

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2016-04-05 workplace privacy_sq

With Workplace Privacy, Have a Policy and Follow the Policy

Technology has allowed for more novel and expansive employee surveillance and workplace monitoring. State legislators are looking to formalize and unify the legal landscape of employee privacy. And CDT is working to intervene and create strong privacy-protections for individuals at both the public and corporate level in the increasingly technologically advanced workplace.

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DMCA blog post

CDT Comments to Copyright Office Focus on Preserving Balance and Cooperation in the DMCA

CDT and the R Street Institute filed comments in response to the Copyright Office’s Notice of Inquiry regarding Section 512 of the Digital Millennium Copyright Act (DMCA). Section 512 protects the conduits, websites, cloud storage providers, and search engines from statutory damages and other liability for copyright infringement based on works posted by users so long as service providers comply with certain requirements. CDT very much hopes that the Office does not lose sight of the importance of that flexibility and balance as it evaluates the many proposals for change it will receive.

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