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A Big-Apple Judge Sides with Apple: A Breakdown of Magistrate Judge Orenstein’s Opinion

The end of the Apple/FBI case in California is a win for cybersecurity and privacy – but a temporary one. It’s only a matter of time before another judge considers whether or not the All Writs Act can be used to force Apple or another company to weaken the security of its devices in aid of ongoing investigations. In fact, less than a month ago, a New York magistrate judge faced a similar legal question involving an iPhone from a drug trafficking case; his answer was an emphatic “no.” This is CDT’s in-depth breakdown of the opinion, which the government appealed to the District Court.

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Matthew Shears’ Testimony before House Committee on IANA Transition, March 2016

Last Thursday in Marrakech the Internet community forwarded the IANA transition plan to NTIA. It did so following the global Internet community’s approval of a set of recommendations designed to ensure the enhanced accountability of ICANN post-transition. This package, the IANA transition plan and the recommendations for enhancing ICANN’s accountability post transition, is, quite simply, a remarkable achievement by the multistakeholder community.

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CDT Files Brief in Support of Apple

The Center for Democracy & Technology (CDT) has filed an amicus brief in support of Apple in its challenge to the FBI order to unlock the cell phone of an attacker in the San Bernardino shootings. CDT’s brief addresses the inappropriate application of the All Writs Act in an attempt by the government to compel Apple to create a new, less secure operating system for the phone. CDT has long opposed government-mandated backdoors in technology, and believes that strong encryption strengthens the security of our nation.

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CDT IGF Stocking Taking Comments and Recommendations

CDT’s submission on the 2015 Internet Governance Forum (IGF) in Joao Pessoa, Brazil, and recommendations for this year’s IGF expected to be held in Mexico in October or November. IGF Joao Pessoa stood out for a number of reasons – there remain, however, a number of logistical and organizational improvements that need to be made.

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Digital Decisions: Policy Tools in Automated Decision-Making

Digital technology has empowered new voices, made the world more accessible, and increased the speed of almost every decision we make as businesses, communities, and individuals. Much of this convenience is powered by lines of code that rapidly execute instructions based on rules set by programmers (or, in the case of machine learning, generated from statistical correlations in massive datasets)—otherwise known as algorithms.

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Zero Rating: A Framework for Assessing Benefits and Harms

Discussions around zero rating settle into three basic positions on whether and under what circumstances network operators should be permitted to exempt certain Internet traffic from otherwise-applicable usage-based pricing. This paper proposes a framework for advancing the discussion of this middle ground. It approaches zero rating in a manner similar to other key questions in implementing and applying net neutrality laws and regulations, such as network management, usage-based pricing, or specialized services that rely on the same infrastructure as the “public” Internet while serving a separate function.

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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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