What’s Next in the Apple/FBI Debate: All Eyes Turn to New York

The end of the Apple/FBI case in California is a win for cybersecurity and privacy – but a temporary one. It’s only a matter of time before another judge considers whether or not the All Writs Act can be used to force Apple or another company to weaken the security of their devices. In fact, less than a month ago, a New York magistrate judge faced a similar legal question; his answer was an emphatic “no.” Here’s what you need to know about what the decision says and what it could mean for the potentially hundreds of other cases that will follow it.

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Strong Encryption Wins Again, Time to End the Debate On Government Backdoors

Yesterday, the Department of Justice asked a California District Court to vacate a motion compelling Apple to draft new code that would weaken the security of its iPhone. The government’s motion is a clear affirmation that government mandated backdoors, or weaknesses in technology, are not necessary. Yet again, encryption came out on top in this debate, which is a very good thing for our personal and national security.

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Why Broadband Customer Choice Matters

The FCC will hold its open meeting on March 31, where it will vote on the Notice of Proposed Rulemaking on broadband privacy currently being circulated to the full Commission. This rulemaking will seek to clarify the privacy obligations of ISPs under Title II. The Chairman is right to give special attention to customer choice for this rulemaking. Meaningful consumer controls must be a component of the proposed rules.

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Making SXSW Attendees More Digitally Secure

At SXSW Interactive 2016, CDT partnered with CSM Passcode to develop a quiz for attendees of the trade show to assesses their online security practices. As we are most vulnerable to hacks and attacks when traveling, the 10-question quiz was written from the perspective of someone on an international trip. The quiz helped the more than 1,500 people who took it to better understand strong cybersecurity practices for their personal devices and accounts.

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Cybersecurity Insurance: Promoting Good Hygiene for "Those that Know" and "Those That Don’t Yet Know"

As the frequency and severity of cyber attacks increase, companies need to know what they should be doing to decrease their risk, as well as how they can mitigate their costs if (and when) a cyber attack occurs. Cybersecurity insurance could potentially be a way to do both, which is why the House Homeland Security Cybersecurity Subcommittee held a hearing this week to explore the market-based incentives that insurance can bring to the table when it comes to managing cyber risk. Although the prospect of cyber insurance looks promising, the nascent industry still has a long way to go.

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The 411 on Tech Prom

CDT’s Annual Dinner, Tech Prom, is two weeks from today! As always, a huge thank you to our honoree and sponsors. To help you get the most out of the event, please take a few minutes to review the logistical details below, including the schedule for the event, tips for attending, and directions to the venue.

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WWJGD? (What Would Justice Garland Do?)

Yesterday, President Obama nominated Merrick Garland to replace Justice Antonin Scalia on the Supreme Court. How he might rule on issues of interest to the tech community is unknown, but by all accounts, a Justice Garland would bring intelligence and thoughtful jurisprudence to the bench. The Court is too critical to our…

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Senator Markey Proposes Drones Privacy-Enhancing Amendments to FAA Reauthorization Act

The Senate Commerce, Science and Transportation Committee will mark up the Federal Aviation Administration Reauthorization Act of 2016 (S. 2658) this Wednesday (March 16th). The bill includes a number of provisions designed to accelerate commercial and government use of unmanned aircraft systems (UAS) – “drones” – as well as provisions outlining UAS data privacy requirements. Senator Markey has…

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A Response to Law Enforcement Concerns with the Email Privacy Act

The Email Privacy Act, H.R. 699, is finally on its way to markup in the House Judiciary Committee. We’re in the home stretch, and we’ve waited long enough. Congress must pass, and the President must sign, the Email Privacy Act. However, some groups continue to express concern that the Act will pose too great a burden to law enforcement. One of those groups is the FBI Agents Association. We offer clear rebuttals to their concerns.

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EU-US Privacy Shield Offers Partial Response to a Wider Issue

The European Commission recently published a set of documents, which make up the Privacy Shield agreement. Privacy Shield is intended to put in place a new framework for ensuring adequate data protection standards when companies transfer data from the EU to the US. Privacy Shield can be understood as a short-term, partial solution that enables transatlantic commerce and data flows to continue in the near term, to meet the European Commission’s tight deadline.

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