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EC Recommendation on Tackling Illegal Content Online Doubles Down on Push for Privatized Law Enforcement

The European Commission published its “Recommendation on measures to effectively tackle illegal content online”, which puts forward a number of non-binding guidelines and principles for online platforms and hosts of user-generated content. These recommendations go beyond the ill-defined approach the Commission took in its “Communication on Tackling Illegal Content Online”. While we recognize the Commission’s interest in seeking effective enforcement of national law, we continue to have significant concerns about the Commission’s overall approach and a number of its specific recommendations.

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CDT’s Response to EC ‘Fake News’ Consultation: How to Tackle the Issue and Protect Free Expression?

On 23 February, CDT filed its response to the European Commission’s Consultation on Tackling ‘Fake News’. Commissioner Gabriel should be commended for launching this initiative, and we are hopeful it contributes solid European data and analysis, without which it is impossible to make recommendations for policy. However, CDT worries that the group generally lacks participation from NGOs and experts focused on protecting free expression, which brings up broader questions.

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I Didn’t Write This Conversation About Fair Use

Every year the Association of Research Libraries hosts a week-long celebration of Fair Use and its crucial role in a balanced copyright system. Fair Use is central to free expression and the vibrant creativity of the Web, and CDT is pleased to help celebrate Fair Use Week 2018.

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Embedded Tweets and Display Rights: Dangerous Legal Ground for the Web

In a troubling recent decision (Goldman v. Breitbart) a court in the Southern District of New York found that embedding an image from Twitter in a web page hosted by a news sites can infringe on the exclusive right of the photographer to control the public display of the image. In the case, photographer Justin Goldman said that new sites, including Breitbart, infringed on this right when they included an embedded image of a tweet that contained a photograph he took of Patriots quarterback Tom Brady in the Hamptons

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European Policymakers Continue Problematic Crackdown on Undesirable Online Speech

One of the biggest technology policy debates in Europe this year is around the question of how societies should respond to a variety of online speech issues. Terrorist content, hate speech, copyright infringement, and ‘fake news’ – however defined – are key topics. These issues certainly warrant attention from policymakers, the companies that host the speech, and society at large. But the direction these policy responses are taking raises serious concerns about censorship and free expression.

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CDT’s 2018 Tech Resolutions

At CDT, we love technology, especially when it makes ours lives easier. While many here are among the first adopters of new technology, we also have our share of skeptics who bring a healthy dose of paranoia. This balance of perspectives makes our advocacy more thoughtful. And it means that when I asked the team what their tech resolutions for 2018 were, I received a wide range of answers. I received such great responses that I wanted to share them more broadly – I hope you enjoy them, and I would love to hear yours as well. Happy New Year everyone!

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Goodlatte’s Online Trafficking Bill Makes Key Improvements, But Risks to Free Speech Persist

The House Judiciary Committee will hold a markup on HR 1865, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). The Committee will consider an amendment to the original FOSTA in the form of a substitute bill offered by Chairman Goodlatte. This bill includes a number of improvements over both the original House bill and the SESTA bill in the Senate, and we appreciate the Committee’s diligent efforts to craft a more tailored legislative approach. But CDT remains concerned that increasing the risk of criminal charges and civil claims against website operators and other online intermediaries will result in overbroad censorship of constitutionally protected speech.  

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