The new Audiovisual Media Services Directive: turning video hosting platforms into private media regulatory bodies

The European Parliament recently took the final vote on the new Audiovisual Media Services Directive (AVMSD). The text, which can be considered final, now awaits only the formal approval of the Council. The AVMSD will become the first legally binding instrument to impose new, and extensive, responsibilities for content regulation on privately owned Internet platforms. They are required to establish and apply detailed rules in areas such as hate speech, child pornography, protection of children’s development and preventing terrorism.

Addressing Infringement: Developments in Content Regulation in the US and the DNS

Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). For the most part, this regime has been built for the benefit of intellectual property rightholders attempting to control online piracy and counterfeiting beyond the territorial limits of the United States and without recourse to judicial process.

Privacy by design and the Uber settlement

On September 26, attorneys general from multiple U.S. states settled with the ride sharing company Uber over a data breach that revealed personal information about both Uber’s riders and drivers. The drivers suffered the brunt of the exposure: the release of their names and driver’s license numbers. Uber did not disclose the breach when it occurred in 2016 (in violation of California’s security breach notification law), and it became public after the company’s then new CEO, Dara Khosrowshahi, announced it shortly after his arrival at the company in 2017.

Filtering Out the Bots: What Americans Actually Told the FCC about Net Neutrality Repeal

In the lead-up to the FCC's historic vote in December 2017 to repeal all net neutrality protections, 22 million comments were filed to the agency.

But unfortunately, millions of those comments were fake. Some of the fake comment were part of sophisticated campaigns that filed fake comments using the names of real people - including journalists, Senators and dead people. 

Talking about Tech, Disinformation, & Trust in DC

October is 'National Cybersecurity Awareness Month' in the United States.  As many of you know, this already rather interdisciplinary field of 'cyber' has grown again over the past year or so --- now often encompassing issues like so-called 'fake news', disinformation, data analytics, and other current issues that further demonstrate some of the consequences resulting from the convergence of technology, adversaries, and society.

Gov. Jerry Brown Signs SB 822, Restoring Net Neutrality to California

On Sunday, Governor Jerry Brown signed into law Senator Scott Wiener’s SB 822, the first state-level law that comprehensively restores all of the net neutrality protections of the 2015 Open Internet Order.
Here’s my statement:
“Today was a historic moment in the battle to bring back net neutrality in the United States. SB 822 comprehensively restores to California all of the net neutrality protections from the 2015 Open Internet Order that the FCC repealed in 2017. 

Stanford Law School Appoints Joan Barata as Consulting Intermediary Liability Fellow at the Center for Internet and Society

Stanford Law School today announced the appointment of the freedom of expression, freedom of information, and media regulation international expert Joan Barata Mir as the Consulting Intermediary Liability Fellow at the Center for Internet and Society (CIS). Barata will pursue international and comparative approaches to intermediary obligations, focusing particularly on the implications vis-à-vis the exercise of the rights to freedom of expression and freedom of information.


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