Related Insights

Third party intervention in the Bureau of Investigative Journalism case

On July 8th, CDT submitted a third party intervention (amicus brief) to the European Court of Human Rights in the Bureau of Investigative Journalism and Alice Ross v. United Kingdom case. The journalist applicants challenged the United Kingdom’s Regulation of Investigatory Powers Act, Tempora program, and surveillance practices generally. They argued that blanket surveillance had a chilling effect on their profession, and did not satisfy the Court’s standards for compatibility with Articles 8 (privacy) and 10 (freedom of expression) of the European Convention on Human Rights. CDT drew attention to similarities to US surveillance practices, which undoubtedly fail to satisfy the Court’s standards, and argued that the receipt of US intelligence alone makes the UK’s practices incompatible with the Convention.

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CDT Co-signed Letter to the EC on Copyright Reform

CDT co-signed a letter to European Commission President Juncker and several Commissioners to make the case for innovation-friendly and progressive copyright reform in Europe. Reforming European copyright legislation is a key component of the Commission’s Digital Single Market Strategy, and the need for an updated, harmonised copyright framework is widely recognised. Our letter stresses the need to ensure that strong liability limitations are maintained and that amending the definition of the rights of “communication to the public” and “making available” would be extremely harmful to the Internet as an open platform for free expression and exchange. The Commission is expected to issue a new consultation on these issues shortly, which CDT and others will respond to.

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CDT & PEN American Center Intervene in Big Brother Watch vs. UK Case

CDT intervened jointly with PEN American Center on the case “Big Brother Watch and others v. the United Kingdom,” arguing that the US’ protections for individual rights in the area of secret surveillance are so weak that the UK violates its obligations under the European Convention on Human Rights when it receives data the NSA obtains through large-scale surveillance programs.

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CDT & PI Third-Party Intervention

Following the 2014 decision of the Court of Justice of the EU to strike down an EU-wide mandatory data retention scheme because it breached privacy rights, the national data retention laws of a number of EU Member States have also come under scrutiny. CDT and Privacy International have now intervened in a case against France to argue that the country’s sweeping data retention requirements violate EU law, as well as the European Convention on Human Rights.

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Written Evidence to the Joint Committee on the Draft Investigatory Powers Bill

Monday, December 21, 2016, CDT submitted comments in response to a call for evidence from the Parliament of the United Kingdom’s Joint Committee on the Draft Investigatory Powers Bill. In our submission, we discuss features of the Draft Investigatory Powers Bill that are clearly incompatible with human rights law as well as technically overbroad, highly intrusive, and potentially dangerous.

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UK Parliament Draft Bill Falls Far Short of Democratic Standards

In November 2015, the United Kingdom’s Home Secretary released the draft of an expansive surveillance bill with the stated goal of consolidating and clarifying the UK government’s surveillance and hacking powers. As CDT has previously explained, we are deeply concerned by the many serious human rights, security, and oversight flaws in the draft Bill. In early December, we submitted written evidence to the UK Parliament’s Joint Committee on Human Rights explaining why we think the draft Bill’s surveillance authorization provisions, in particular, fall far short of democratic standards.

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