Blog Posts: Filtered

The Daily Stormer, Online Speech, and Internet Registrars

Most people I talk to think that Facebook, Twitter, and other social media companies should take down ugly-but-legal user speech. Platforms are generally applauded for taking down racist posts from the White Nationalist demonstrators in Charlottesville, for example. I see plenty of disagreement about exactly what user-generated content should come down -- breastfeeding images? Passages from Lolita? Passages from Mein Kampf? But few really oppose the basic predicate of these removals: that private companies can and should be arbiters of permissible speech on their platforms.* Read more about The Daily Stormer, Online Speech, and Internet Registrars

What Does the New CDA-Buster Legislation Actually Say?

Alarm bells are sounding around the Internet about proposed changes to one of the US’s core Intermediary Liability laws, Communications Decency Act Section 230 (CDA 230). CDA 230 broadly immunizes Internet platforms against legal claims based on speech posted by their users. It has been credited as a key protection for both online expression and Internet innovation in the US. CDA 230 immunities have limits, though. Platforms are not protected from intellectual property claims (mostly handled under the DMCA) or federal criminal claims. Read more about What Does the New CDA-Buster Legislation Actually Say?

The “Right to Be Forgotten” and National Laws Under the GDPR

The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF).  Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case.  It could put even more decisions about the balance between privacy and free expression in the hands of private Internet platforms like Google. Read more about The “Right to Be Forgotten” and National Laws Under the GDPR

Using Transparency to Fight Takedown Trolls – A Model from the DMCA

The Internet is full of trolls. So it’s no surprise that notice and takedown systems for online speech attract their fair share of them – people insisting that criticism of their scientific research, videos of police brutality, and other legitimate online speech should be removed from Internet platforms. Read more about Using Transparency to Fight Takedown Trolls – A Model from the DMCA

DMCA Counter-Notice: Does It Work to Correct Erroneous Takedowns?

This blog post is excerpted from our filing in response to the U.S. Copyright Office's 2016 Notice and Request for Public Comment on notice and takedown practice under the Digital Millennium Copyright Act (DMCA). The entire filing is available here Read more about DMCA Counter-Notice: Does It Work to Correct Erroneous Takedowns?

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