As more and more data flows across state borders, the ability of law enforcement agencies to access information stored outside their jurisdiction or managed by a foreign company becomes increasingly complex. What country’s laws should apply to data requests? How quickly should access be granted and to whom? Should there be different standards for different countries? Mutual Legal Assistance (MLA) processes have been one way to address these questions. This post is an attempt by CDT to spur public debate and to solicit input that would inform a solid MLA Treaty reform proposal.
This document is a redline of the Cybersecurity Information Sharing Act (CISA) of 2015, reflecting the changes made by the Manager’s Amendment. The Senate is expected to consider CISA on the Senate floor this week.
Should the FTC be able to regulate companies that don’t pick up “banana peels” in the security space? In yesterday’s ruling in long-running FTC v. Wyndham litigation, the Third Circuit Court of Appeals said yes, ruled ruling that the FTC has the authority to regulate data security under Section 5 of the FTC Act.
2015 was a successful trip to SXSW for CDT, and that’s why we’ve submitted 7 proposed panels and talks for 2016. We’re covering a wide expanse of topics – from how to manage the complex issue of reporting “terrorist activity” online, to debuting preliminary guidelines for doing health research with wearables data that honors user privacy and dignity. VOTE NOW and give us the thumbs up we need to go to Austin in 2016!
CDT joined the Electronic Frontier Foundation and other public interest groups in an amicus brief in support of clear protections for internet intermediaries and free expression online. The case, Google, Inc. v. James M. Hood, III, stems from a 79-page subpoena the Mississippi Attorney General served on Google after the company refused to comply with his demands to block, filter, and alter the way it displays search results and other content.
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Reforming ECPA
The Electronic Communications Privacy Act was created in 1986, before emails, cloud computing, and social networking were mainstream. CDT is fighting for much needed reform of ECPA to require a warrant for any searches of your private online communications.