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Comparison of Four Data Breach Bills Currently Before Congress (114th Session)

A series of high profile data breaches including those of Target, Sony, Anthem, and the federal Office of Personnel Management have created a Congressional push to establish a federal data breach standard. The following chart compares four proposals for federal data breach legislation on the basis of these elements (as of September 10, 2015).

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Amicus Brief in Microsoft-Ireland Case

A federal appeals court in Manhattan heard oral arguments in Microsoft’s challenge to the US government’s warrant to compel the company to disclose a customer’s email stored in a data center in Ireland. The Center for Democracy & Technology (CDT) believes that neither a warrant nor a subpoena is sufficient to reach data stored outside the US and sides with Microsoft in the case. CDT, along with a number of…

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Amicus Brief in Spokeo v. Robins

The Center for Democracy & Technology has filed an amicus brief in Spokeo v. Robins, calling on the Supreme Court to preserve the ability of individuals to file private claims for privacy violations as granted by federal laws. CDT is joined on the brief by the Electronic Frontier Foundation, New America’s Open Technology Institute, and the World Privacy Forum.

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MLAT Reform: A Straw Man Proposal

As more and more data flows across state borders, the ability of law enforcement agencies to access information stored outside their jurisdiction or managed by a foreign company becomes increasingly complex. What country’s laws should apply to data requests? How quickly should access be granted and to whom? Should there be different standards for different countries? Mutual Legal Assistance (MLA) processes have been one way to address these questions. This post is an attempt by CDT to spur public debate and to solicit input that would inform a solid MLA Treaty reform proposal.

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Coalition Letter Opposing Section 603 of Intelligence Authorization Act

We the undersigned human rights and civil liberties organizations and trade associations write to convey our significant concerns with a provision in the Intelligence Authorization Act for Fiscal Year 2016 (S. 1705). Section 603 of the Act would require all providers of Internet communications services to report to government authorities when they obtain “actual knowledge” of apparent “terrorist activity” on their services—a broad term that could encompass both speech and conduct.

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