Related Insights

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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Additional Comments on DMCA Section 1201 Reform

CDT has submitted additional comments on the the Copyright Office policy study focused on Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits the circumvention of technological protection measures (TPMs). CDT commented in the initial phase of this study, and these comments address the Office’s response to the proposals received to update the statute.

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Issue Brief: The Time Has Come to Move to HTTPS!

All interactions on the web benefit from protection. People online increasingly face serious risks, from financial fraud and spying and surveillance to malware in downloads and advertisements. On the web, protection is achieved by HTTPS, and now is the time to move your websites from (insecure) HTTP to (secure) HTTPS. It’s easier than you may think, and getting easier every day.

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Written Evidence to the Joint Committee on the Draft Investigatory Powers Bill

Monday, December 21, 2016, CDT submitted comments in response to a call for evidence from the Parliament of the United Kingdom’s Joint Committee on the Draft Investigatory Powers Bill. In our submission, we discuss features of the Draft Investigatory Powers Bill that are clearly incompatible with human rights law as well as technically overbroad, highly intrusive, and potentially dangerous.

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Private Sector Hack-Backs and the Law of Unintended Consequences

Congress is considering legislation to authorize companies to use countermeasures against cyber attacks. However, the legislation could undermine cybersecurity by authorizing victims to “hack back” and cause harm to a third party. At a minimum, Congress should ensure that the countermeasures it authorizes operate on the system on which they are deployed, do not gain unauthorized access to other systems, and do not cause harm to others’ networks, data, or connected devices.”

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Cyber-Surveillance Bill Set to Move to Senate Floor

The Senate is expected to consider the Cybersecurity Information Sharing Act (CISA, S. 754) on the Senate floor soon. The bill was marked up in secret, thereby denying the public an opportunity to better understand the risks the legislation poses. This document analyzes the bill as reported by the Senate Select Committee on Intelligence.

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Short-Changing Debate on Cyber-Surveillance Bill

Senate Majority Leader Mitch McConnell announced today that there would be an effort to attach the Cybersecurity Information Sharing Act, CISA to the Defense Authorization bill that is now on the Senate floor. This move would almost certainly stifle necessary debate on the privacy and civil liberties problems in the bill and thwart amendments that Senators have been crafting to address those problems. CDT outlines the main issues with the Senate cybersecurity legislation.

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