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Simplifying Section 702 and the EU-US Privacy Shield

The E.U.-U.S. Privacy Shield agreement assists in the free flow of commerce by allowing companies to transfer data between the European Union and the United States, but it could be in jeopardy if U.S. surveillance law is not reformed. The Privacy Shield agreement was built on assurances that the U.S. would not subject Europeans’ data to “indiscriminate mass surveillance.”

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Section 702: Simplifying the Backdoor Search Loophole

Although U.S. persons cannot be targeted under Section 702, their communications with non-U.S. persons can be collected and retained for years. The NSA, CIA, and FBI can query 702-acquired information using a U.S.-person identifier, without a warrant or court order. This loophole allows the government to bypass the Fourth Amendment’s protection against warrantless searches.

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CDT’S Guide to Defining Technical Terms in State Privacy Legislation

State legislators and regulators face unprecedented privacy and security policy issues related to new technologies. Accurate definitions of key technologies, processes, or subject areas, then, are critical to enabling state lawmakers to express their legislative intent, correctly scope implementation of a law, and effectively protect personal privacy. Such definitions should be technically-sound, durable, accurate, and provide options for achieving the intended results of the bill’s author.

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LabMD v. FTC: Tackling "Unfair" Data Security Practices in the Eleventh Circuit

The latest skirmish in the nearly seven-year battle between diagnostic testing company LabMD and the FTC begins on Wednesday, June 21st, as oral arguments are held in the Eleventh Circuit Court of Appeals. Oral argument may elucidate thinking around two key questions: (1) What are the contours of a “substantial injury” when evaluating unfair data security practices and how should data security’s costs and benefits be evaluated? and (2) What constitutes fair notice and “ascertainable certainty” of the FTC’s expectations for “reasonable” data security?

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Setting the Record Straight on Broadband Privacy – Myths & Facts

In March 2017, Congress rolled back the federal broadband privacy rules – since then, in dozens of states legislators have introduced bills attempting to restore the privacy protections Congress wiped away. In an effort to oppose state privacy legislation, some groups have resorted to making misleading arguments about the bills and about the state of U.S. consumer privacy. CDT has reviewed these misleading arguments –– and set the record straight.

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CDT’s Annotations of the BROWSER Act

This is the original text of this bill, as of 6/20/2017 (.pdf here) To see CDT’s annotations, click here.   115TH CONGRESS 1ST SESSION H. R. ___ To require providers of broadband internet access service and edge services to clearly and conspicuously notify users of the privacy policies of such providers, to give users opt-in or opt-out approval rights with respect to the use of, disclosure of, and access to…

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Chris Calabrese’s Testimony Before US House Hearing – “Data Stored Abroad: Ensuring Lawful Access and Privacy Protection in the Digital Era”

Chairman Goodlatte, Ranking Member Conyers, and Members of the Committee: Thank you for the opportunity to testify on behalf of the Center for Democracy & Technology (CDT). CDT is a nonpartisan, nonprofit technology policy advocacy organization dedicated to protecting civil liberties and human rights, including privacy, free speech and access to information. We applaud the Committee for holding a hearing on the important and timely issue of government access…

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CDT Co-Signs Letter Calling on Commission to Act Against Germany’s Draft Network Enforcement Law

CDT has signed a joint letter on the draft German law that threatens to fine large social media platforms if they do not react swiftly to take down certain types of content. Together with other civil and human rights organisations, as well as industry bodies representing the Internet technology, we call on the European Commission to ensure compliance of the draft German law with EU law, including the EU Charter of Fundamental Rights.

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