Content Types

Comments on Updates to the ONC Voluntary Personal Health Record Model Privacy Notice

Privacy questions arise due to the volume and sensitivity of health data generated by consumer-focused apps, devices, and platforms, including the potential analytics uses that can be made of such data. Transparency about data practices is essential not just as a fundamental element of privacy, but is also key to engendering consumer trust, which in turn is critical to the adoption of these services. Without trust, consumers will resist using apps or devices and the industry as a whole will suffer. Overall, transparency practices should be guided by the principle that the consumer should not be surprised. The more unexpected or potentially objectionable a data collection or usage is, the greater the obligation to explain it to consumers.

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CDT Co-signed Letter to the EC on Copyright Reform

CDT co-signed a letter to European Commission President Juncker and several Commissioners to make the case for innovation-friendly and progressive copyright reform in Europe. Reforming European copyright legislation is a key component of the Commission’s Digital Single Market Strategy, and the need for an updated, harmonised copyright framework is widely recognised. Our letter stresses the need to ensure that strong liability limitations are maintained and that amending the definition of the rights of “communication to the public” and “making available” would be extremely harmful to the Internet as an open platform for free expression and exchange. The Commission is expected to issue a new consultation on these issues shortly, which CDT and others will respond to.

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CDT Letter on Employee Privacy Legislation

CDT is pleased that policymakers are addressing the issue of employee privacy. Technological advancements have increased efficiency in the modern workplace but also blurred the lines between personal and work life. The availability of fine-grained information about individuals, such as their location, their activity levels, or their online habits, have made it tempting for employers to monitor their employees in a way that erodes an individual’s ability to control the collection, use, and sharing of her personal information. Economic fair play, as well as the dignity of the individual, is at stake when her privacy is infringed upon in the workplace. We agree that codifying protections for employees is necessary and write to share our perspective and recommendations for how model legislation can be responsive to current, and near-future, workplace technology trends.

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Comments to US Copyright Office on Section 512 of DMCA

CDT and the R Street Institute responded to the US Copyright Office’s extensive inquiry into the impact and effectiveness of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). The organizations believe that the Internet could not have become what it is today without the immunity provided by section 230 of the Communications Act and the limitations on liability in section 512 of the DMCA.

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A Big-Apple Judge Sides with Apple: A Breakdown of Magistrate Judge Orenstein’s Opinion

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 its devices in aid of ongoing investigations. In fact, less than a month ago, a New York magistrate judge faced a similar legal question involving an iPhone from a drug trafficking case; his answer was an emphatic “no.” This is CDT’s in-depth breakdown of the opinion, which the government appealed to the District Court.

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