Content Types

Overview of the NetzDG Network Enforcement Law

The German parliament passed a law on 30 June that subjects social media companies and other providers that host third-party content to fines of up to €50 million if they fail to remove “obviously illegal” speech within 24 hours of it being reported. Here’s a review of the law with a focus on the free speech implications.

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Fixing 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: Fixing 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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