Related Insights

CDT’S Guide to Defining Technical Terms in State Privacy Legislation

State legislators and regulators face unprecedented privacy and security policy issues related to new technologies. Accurate definitions of key technologies, processes, or subject areas, then, are critical to enabling state lawmakers to express their legislative intent, correctly scope implementation of a law, and effectively protect personal privacy. Such definitions should be technically-sound, durable, accurate, and provide options for achieving the intended results of the bill’s author.

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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

This is the original text of this bill, as of 6/20/2017 (.pdf here) To see CDT’s annotations, click here.   115TH CONGRESS 1ST SESSION H. R. ___ To require providers of broadband internet access service and edge services to clearly and conspicuously notify users of the privacy policies of such providers, to give users opt-in or opt-out approval rights with…

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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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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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RE: Comments on NHTSA Notice of Proposed Rule for FMVSS No. 150, V2V Communications (Docket No. NHTSA-2016-0126)

CDT and four top cryptography and security experts submitted the following comments in response to the National Highway Traffic Safety Administration’s (NHTSA) notice of proposed rulemaking to establish a new Federal Motor Vehicle Safety Standard (FMVSS), No. 150, which intends to mandate and standardize vehicle-to-vehicle (V2V) communications for new light vehicles. Our comments highlight our concern that NHTSA’s proposal standard may not contain adequate measures to protect consumer privacy from third parties who may choose to listen in on the Basic Safety Message (BSM) broadcast by vehicles.

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Rethinking Privacy Self-Management and Data Sovereignty in the Age of Big Data

This paper advances the idea that the rise of large data collection and processing, also known as big data, has challenged the validity of data-protection regimes founded on ideals of individual control. With a focus on data sovereignty, it investigates concepts able to meet the requirements of big-data technologies, while also offering guidance for future policy regimes.

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