Washington Court Should Find ECPA Unconstitutional

ECPA allows the government to prevent service providers from notifying their customers that the government has accessed a customer’s private electronic data stored in the cloud. This egregious conduct not only violates the First and Fourth Amendment, it compromises public trust in cloud computing. That’s why we filed a brief asking the court to declare Section 2705(b) of ECPA unconstitutional.

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Telecoms regulators Lay Down Strong Guidelines for Implementing EU Net Neutrality Rules

The Body of European Regulators for Electronic Communications – the regulatory agency in the EU for telecommunications – has published its final guidelines for implementation of the Telecoms Single Market Regulation on Open Internet access. The guidelines firmly cement the principle non-discrimination of internet traffic while at the same time granting flexibility for effective network management, and innovation in business models and technology.

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What's Gone Wrong with the Language of Politics? An Interview with the NY Times CEO

Mark Thompson, the President and CEO of the New York Times Company, has a new book coming out. The book, Enough Said: What’s Gone Wrong with the Language of Politics?, explores the role public language is playing in creating a “crisis of trust in politics in the Western world.” In this Q&A, Thompson talks about his new book, and shares his thoughts on how the internet and technology is influencing public discourse.

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German Foreign Intelligence Bill Fails Human Rights Standards

The German Bundestag will soon vote on an intelligence surveillance bill entitled Draft Law on Foreign-Foreign Communications Intelligence of the Federal Intelligence Service, that will permit the BND to surveil foreigners’ communications from within Germany. (This differs from the domestic surveillance normally conducted by the Federal Office for the Protection of the Constitution). Currently this practice is arguably illegal, as the relevant language in the statute is ambiguous. This bill is problematic, because it is inconsistent with requirements for nondiscrimination, foreseeability, and oversight in constitutional, European, and international human rights law.

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Your Chance to Say No to Proposed Social Media Questioning on US Customs

DHS recently issued a proposal to ask tourists on visa waivers to share their “online presence” on the I-94W and the online application for the Electronic System for Travel Authorization, including the social networks they use and their corresponding “identifiers”—their handles or account names. CDT thinks this is a bad idea and is planning to file public comments with U.S. Customs and Border Protection explaining why.

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Send CDT to SXSW 2017

In 2015 and 2016, CDT made a splash at SXSW, but we think the third time is the charm. We have five great panels in store for Austin in 2017, but we need your help to get us there. The PanelPicker is now open through September 2 — vote for CDT! Here are our submissions.

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Self-Driving into the Future: Putting Automated Driving Policy in Top Gear

There are a number of pressing issues in autonomous vehicle policy. First, the regulation of semi-autonomous cars and what standards manufacturers should be held to. Second, the concept of including black boxes in cars, and dealing with other privacy-related issues arising from the development of self-driving cars. And finally, the conversation around developing infrastructure to facilitate the growth of autonomous cars.

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All Bots Must Die: How a New Senate Bill to Combat Botnets Could Put Privacy at Risk

How should the US government deal with the very serious threats posed by botnets? Senators Whitehouse (D-RI), Graham (R-SC), and Blumenthal (D-CT) believe a solution is their Botnet Prevention Act, which was introduced in May. While much of the bill may sound reasonable at first pass, it contains a number of provisions that pose cybersecurity and privacy risks.

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