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The GDPR's Impact on Innovation Should Not Be Overstated

Protecting individuals’ privacy is far too often pitted against innovation and economic interests. However, this doesn’t have to be the case: strong privacy laws can establish clearer ground rules that level the playing field for businesses large and small and protect individuals from unfair, surprising, and privacy-invading practices. Thus far, the evidence that GDPR has hurt small- and medium-sized businesses is anecdotal and ultimately inconclusive.

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What EU Lawmakers Mean When They Talk About Copyright (Hint: They Don’t Mean Your Copyright)

There is just no way for any online content sharing service provider (OCSSP) to even identify all rightsholders whose content may appear on their site, much less enter into licensing negotiations with them. Article 13 will lead the EU and all OCSSPs who wish to operate there toward a closed web, dominated by the works of major rightsholders and putting independent creators at a disadvantage. We urge MEPs reject the proposed text on Article 13.

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European Court of Human Rights to Reexamine Bulk Collection

On February 5, the European Court of Human Rights announced that the Grand Chamber will reexamine two cases that challenged the United Kingdom and Sweden’s bulk interception regimes. The minimum safeguards adopted in past ECtHR case law were unevenly applied between the two cases, resulting in confusion about what standards should govern bulk interception regimes. We hope the Grand Chamber will determine that bulk interception is not human rights-respecting, and that if it does not, that it will require robust safeguards that protect the privacy rights of those subject to these types of regimes.

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Why the EU Copyright Directive is a Threat to Fair Use

The Legal Affairs Committee of the European Parliament voted to approve the text of a provisional agreement on the long-debated Copyright Directive. This directive contains some provisions that, if adopted, will change the nature of the web in the EU. The most troubling is Article 13, AKA “upload filters”, which would reverse course on one of the web’s long-standing legal foundations, and risks damaging a fundamental aspect of copyright policy here in the U.S., fair use.

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