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Can Cybersecurity Tech Accord Really Curb State Actions?

Guest Post: Thirty-four leading global technology firms announced a new private-sector agreement intended to curb the worst excesses of state behavior in the cyber domain, and to improve the general state of global computer network security. The agreement is a worthwhile effort. It indicates that the private-sector is prepared to take some responsibility for actual and potential harms enabled by their business operations. However, it places firms in clear opposition to states, and commits these companies to taking steps that governments may interpret as inhibiting their legitimate prerogatives in the conduct of foreign policy.

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CDT Urges Court to Uphold Fourth Amendment Protections for Email Content

Recently, CDT joined the Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and the Brennan Center for Justice in a brief to argue that a user’s Fourth Amendment rights in email content do not expire when an email service provider terminates a user’s account pursuant to its terms of service. The government must still obtain a warrant prior to searching that user’s email account. The case is United States v. Ackerman, in which a district court determined – based on those facts – that a warrant was unnecessary to access email content because termination of the account vitiated the account holder’s reasonable expectation of privacy in his email. The case was appealed and we filed an amicus brief opposing this holding.

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Ten Human Rights Criteria for Cross Border Demands

The European Commission is slated to announce an initiative to facilitate cross-border demands for internet users’ communications content. CDT has prepared a list of human rights protections that should be built into any mechanism designed to facilitate cross-border law enforcement demands, and after the E-Evidence proposal is unveiled, we intend to grade it against this list.

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Inspector General: FBI Chomping at the Bit for Backdoors to Encryption

For years, the Federal Bureau of Investigation has been lobbying for backdoor access to the communications of every American. The Bureau has long argued it is “going dark” and can’t access communications protected by encryption. This concern was the basis of the famous Apple v. FBI case, where the FBI attempted to force Apple to break the encryption protecting the iPhone of San Bernardino, CA terrorist Syed Rizwan Farook. Now, a damning report released by the Department of Justice Inspector General casts significant doubt on that argument and the FBI’s honesty in making it.

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CDT Urges Council of Europe to Ensure High Transparency Standards for Cybercrime Negotiations

Today, the Center for Democracy & Technology, along with 93 other civil society organizations, sent a letter to the Secretary General of the Council of Europe, Thorbjørn Jagland, requesting transparency and meaningful civil society participation in the Council of Europe’s negotiations of the draft Second Additional Protocol to the Convention on Cybercrime.

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