FCC Should Reject NPRM to Roll Back Net Neutrality

Last week, CDT submitted comments to the FCC concerning its proposal to roll back the net neutrality protections established under the 2015 Open Internet Order (OIO). The comments are a direct response to the Notice of Proposed Rulemaking (NPRM) released by FCC Chairman Ajit Pai, which details the formal basis for the repeal. Our analysis details our concerns about the legal and policy rationale for the NPRM, highlighting the lack of legal authority for the proposal and the practical policy consequences for internet users and internet-based companies.

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EU Copyright Reform: Winter is Coming

Those involved in EU copyright reform discussions are likely to be feeling rather ‘chilly’ in view of recent developments. The original Commission proposal for a Copyright in the Digital Single Market Directive was already highly problematic, but with the unexpected change of leadership of the dossier in the European Parliament last month, our initial concerns have escalated.

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DHS Refuses to Back Away from Invasive Spying at the Border

Back in March, CDT, along with more than 50 other civil society groups and trade associations, wrote a letter to Department of Homeland Security Secretary John Kelly urging that he back away from DHS proposals to use border searches as a tool to collect passwords and other social media information. Today we received a response. Unfortunately, the reply largely ducks our concerns, ignoring the main issues at play and doing little to shed light on the government’s plans or put to rest controversy about its contentious proposal. This non-answer is deeply troubling because it seems to indicate that Customs and Border Protection (CBP, which is a sub agency of DHS) is doing nothing to change course from a recent, dangerous trend: the use of the U.S. border as a tool to conduct broad surveillance.

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Tech Talk: EdTech Privacy Practices and Policy Challenges for Driverless Cars

CDT’s Tech Talk is a podcast where we dish on tech and Internet policy, while also explaining what these policies mean to our daily lives. In this episode, we talk to researchers from Carnegie Mellon University who looked at the privacy policies and practices of EdTech startups. We also talk about the future of autonomous vehicles, looking in-depth at a package of bills coming out of Congress aimed at creating nationwide standards to expedite deployment.

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Fast-moving House Bills on Autonomous Vehicles May Undercut Privacy and Security Regulation

The House Energy and Commerce Committee is poised to introduce a package of fourteen bills that aim to spur deployment of autonomous vehicles on U.S. roadways. Legislative action is warranted, but several of the legislative proposals may have unintended consequences as policymakers grapple with the privacy and security issues posed by data-fueled autonomy.

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Help Us Protect an Open Internet

On July 12, a diverse coalition of civil society organizations, businesses, and internet users will unite in a day of action to preserve the open internet. While the FCC approved the Notice of Proposed Rulemaking to repeal net neutrality protections for internet users in May, this was only the first step in the repeal process. The proposal still must go through another vote before the FCC, and then survive a potential court challenge. If you support a free and open internet, you still have until July 17 to make your voice heard through the FCC comment process.

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German Social Media Law Creates Strong Incentives for Censorship

Social media companies and other hosts of third-party content will soon face potential fines of €50 million in Germany if they fail to promptly censor speech that may violate German law. Last week, the German parliament approved the NetzDG legislation, which goes into effect 1 October and will require social media sites and other hosts of user-generated content to remove “obviously illegal” speech within 24 hours of being notified of it. This is one of the most extreme online censorship bills that we have seen from a liberal democracy to date. CDT was critical of this bill when it was first introduced, and we’re deeply concerned that the German parliament has now adopted it.

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Finding a Path Forward When Law Enforcement Needs Digital Evidence Held in Other Nations

Last week in United States vs. Microsoft, the Department of Justice (DOJ) petitioned the Supreme Court to decide the reach of the U.S. government when compelling U.S. companies to turn over data stored outside the U.S. Courts are divided on the issue. The Second Circuit Court of Appeals held that the Electronic Communications Privacy Act (ECPA) cannot reach extraterritorially. Magistrates in other circuits have disagreed, interpreting the search as occurring where a company discloses data, not where the data is seized. However, what no one disputes is that as the number of requests skyrockets, the system for accessing data across borders is deeply in need of reform, and that courts are ill-suited to tackle the complicated equities at stake. CDT argues that progress can be made through reforms in following four areas: bilateral agreements, the MLAT system, domestic U.S. law, and the adoption of certain legal changes.

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