Related Insights

Response to DOJ Letter on DMCA Exemptions for Security Researchers

On June 28, CCIPS of the Department of Justice sent a letter to the Copyright Office, voicing its support for CDT’s request that the Office expand an exemption under Section 1201 of the DMCA that allows computer security researchers to find and repair flaws and vulnerabilities in programs without running afoul of copyright law. To express our appreciation for both the letter and the Copyright Office’s willingness to accept it into the record for this exemption proceeding, we and our colleagues at the Samuelson-Glushko Technology Law & Policy Clinic submitted a response.

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Letter to Armed Services Committee on the Email Privacy Act

We, the undersigned civil society organizations, companies and trade associations, write to express our support for the Email Privacy Act which was recently included in the House passed version of the National Defense Authorization Act for Fiscal Year 2019. The Act updates the Electronic Communications Privacy Act, the law that sets standards for government access to private internet communications, to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.”

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Cybercrime Convention Committee – 2nd Additional Protocol to the Budapest Convention on Cybercrime Discussion Guide

CDT welcomes the opportunity to contribute the observations below in support of the ongoing preparation of a 2nd Additional Protocol to the Budapest Convention. The advance of technology means that law enforcement entities investigating a crime in one county are increasingly seeking data held by a communications service provider in another country. CDT continues to urge that human rights considerations guide cross-border data demands.

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CDT Comments to the U.S. State Department on Proposed Collection of Visa Applicants' Social Media Information

CDT urges the State Department to withdraw the agency’s proposed information collection under Public Notices 10260 and 10261. The proposal asks all immigrant and nonimmigrant visa applicants to provide social media identifiers, and email addresses used in the past five years, among other information. This astronomical collection would have an immediate impact on 14.7 million visa applicants, and thousands, if not millions, more third parties whose data could be collaterally reviewed.

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Memorandum on Human Rights Criteria for Cross-Border Demands

CDT has articulated human rights criteria for cross-border demands for Internet users’ communications content. CDT released those criteria on the eve of the European Commission’s scheduled release of the E-Evidence initiative. They had been conveyed to the Commission in prior commentary by CDT and other civil society groups. We articulate the legal support for these criteria that is drawn from decisions of the European Court of Human Rights (ECtHR), the Court of Justice of the European Union (CJEU), and others.

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Reply Comment in Copyright Office's Section 1201 Triennial Rulemaking

Prof. Ed Felten, Prof. J. Alex Halderman and the Center for Democracy & Technology (CDT) respectfully submit these reply comments in response to comments in favor of and objections to modifications that would remove several limitations from the proposed Class 10 exemption of good-faith security research from the anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act (DMCA).

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Comments to NTIA Promoting Stakeholder Action Against Botnets and Other Automated Threats

CDT appreciates this opportunity to comment on the Department of Commerce’s draft Report on enhance resilience against botnets and other automated, distributed threats. Because there is an explicit tension between allowing companies to take voluntary but automated action against devices and accounts, and permitting consumers to control their digital footprint, we propose that the National Institute of Standards and Technology (NIST) convene a dedicated process for discussing the implications for privacy and freedom of expression.

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