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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

CDT has annotated this document using the Genius Web Annotator, which you may access by clicking here and leaving our site. To return to CDT’s insight of this bill, click here. For more info on Genius Web Annotator. The original text of this bill, as of 6/20/2017 (.pdf here)   115TH CONGRESS 1ST SESSION H. R. ___ 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 Signs Open Letter on the EU Copyright Reform

CDT joined over 60 civil society and trade associations in signing an open letter addressed to the Ministers attending the Competitiveness Council and European Parliament Rapporteur MEP Therese Comodini Cachia and her colleagues, highlighting the various problematic provisions of the European Commission’s proposal. In view of these concerns, the letter calls on European lawmakers to put the EU copyright reform back on track by not only opposing the most damaging aspects of the proposal, but also by adopting a more ambitious agenda for positive reform.

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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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Illinois Geolocation Bill Testimony, HB 3449

CDT supports the passage of Illinois HB 3449 because it requires companies to ask for permission before they use an individual’s precise geolocation information. We believe that HB 3449 is common sense legislation that protects consumers while avoiding overly burdensome or costly compliance requirements for companies.

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CDT’s Analysis of the European Commission’s proposed ePrivacy Regulation

In general, we support the Commission’s initiative to update and rewrite the ePD. We agree with many of the motivations and intentions behind it. However, we offer a number of observations about the approach taken by the Commission that we suggest should be taken into account as the proposal is considered by the European Parliament and the Council of Ministers.

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Remarks from Nuala O'Connor at 2017 CDT Annual Dinner

On April 20, 2017, the Center for Democracy & Technology hosted its Annual Dinner, fondly referred to as Tech Prom. At the dinner, CDT’s President & CEO Nuala O’Connor delivered remarks that focused on digital dignity. She highlighted CDT’s advocacy efforts opposing the collection of passwords at the border, supporting strong broadband privacy protections, ensuring free speech rights online, and making the entire internet more secure.

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