Related Insights

Amicus Brief, Ferrer v. Permanent Subcommittee on Investigations

Section 230 of the Communications Act enables individual speakers to identify online services that will host their own First Amendment-protected speech. The Subcommittee’s invasive, burdensome inquiry into Backpage.com’s editorial practices creates an intense chilling effect, not only for Backpage but for any website operator seeking to define their own editorial viewpoint and moderation procedures for the third-party content that they host.

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CDT's Priorities for the New Administration

At the Center for Democracy & Technology, we believe that there are core beliefs that unite every American. Our policy recommendations for the nation’s 45th president are moderate, pragmatic proposals aimed at charting a forward-looking course that protects our individual rights, keeps the country secure, and enables further innovation in our hyper-connected reality.

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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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CDT Comments on Special Rapporteur David Kaye's Report Regarding Freedom of Expression and the Telecommunications and Internet Access Sector

CDT provided input for the report that the Special Rapporteur on the protection and promotion of the right to freedom of opinion and expression, David Kaye, is preparing on the role of telecommunications and internet access providers in freedom of expression. We provided a CDT work product that pertained to three areas of inquiry of this study: (1) the…

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Amicus Brief in AirBNB and Homeaway vs. San Francisco

CDT joined EFF and other Section 230 experts in an amicus brief in Airbnb’s challenge to the San Francisco homesharing ordinance. The brief emphasizes that laws forcing intermediaries to ensure that users’ listings comply with content specifications contravene Section 230 of the Communications Act, a federal statutory shield protecting online content hosts against liability for their users’ speech.

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Coalition Letter on Copyright Reforms in the EU

A coalition of advocacy groups issues a letter in support of copyright reforms that creates an online environment that promotes innovation, serves consumers and supports creators. They oppose some of the proposed reforms including the creation of a new ancillary right for publishers and any effort to undermine the safe harbour and no-general monitoring obligations of the e-commerce Directive.

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Content ‘responsibility:’ The looming cloud of uncertainty for internet intermediaries

This paper, written by Dr. Monica Horten, addresses the topic of intermediary liability in the context of new European Union policy proposals. These proposals introduce a new notion of ‘content responsibility’. The paper seeks to understand this notion and its consequences by analysing the policy proposals that have been tabled in 2016, as well as national and European case law.

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Coalition Letter Opposing DHS Social Media Collection Proposal

A coalition of human rights and civil liberties organizations, including CDT, sent a letter to the U.S. Department of Homeland Security to express their concerns with a proposal that certain categories of visitors to the United States be asked to disclose information about their “online presence” in their visa-waiver arrival/departure records (Form I-94W) and their online application for an Electronic System for Travel Authorization.

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