Intermediary Liability and User Content under Europe’s New Data Protection Law

A big new law is coming, and a lot of companies doing business online aren’t going to like it. Neither will many advocates of civil liberties for Internet users. Europe’s pending General Data Protection Regulation (GDPR) updates and overhauls EU data protection law – the law that produced this week’s Schrems case and last year’s “Right to Be Forgotten” ruling in the EU.

No more right-to-be-forgotten for Mr. Costeja, says Spanish Data Protection Authority

The man who won the right-to-be-forgotten case in the Court of Justice of the European Union (CJEU) has now been denied the right to suppress links to comments about that case by the Spanish Data Protection Authority (DPA). Given the relevance of the CJEU’s ruling, comments discussing the case and the facts behind it must be considered of public interest, according to the DPA’s decision.

First Amendment & Cyberlaw Scholars File Brief to Defend Open Internet Rules

On Monday, September 21st, fifteen of the nation's leading First Amendment and cyberlaw scholars -- including Jack Balkin (Yale), Yochai Benkler (Harvard), Theodore L. Glasser (Stanford), Larry Lessig (Harvard), Pamela Samuelson (Berkeley), Fred Turner (Stanford), and Barbara van Schewick (Stanford) -- filed a friends-of-the-Court brief in federal court defending the Open Internet Rules on First Amendment grounds.

The ‘Right to Be Forgotten’, the right to be included, and global content regulation

Today the French Data Protection regulator, CNIL, reaffirmed its position that Google must apply European “Right to Be Forgotten” (RTBF) law globally, by removing content from its services in all countries.  Europe’s RTBF laws are rooted in citizens' rights to data protection and privacy.  They are inconsistent with U.S. and other countries’ free expression laws, because they require suppression of information even if that information is true and not causing harm.

Government Cheating on the Sotomayor Surveillance Scale

In her concurring opinion in US v. Jones, 565 U.S. ___ (2012), Justice Sonia Sotomayor brought up a crucial point regarding a democracy's natural acceptance or resistance to government surveillance. As you may recall, the Court in Jones addressed whether the government's attachment of a GPS tracking device to someone's car in order to continuously monitor their movements constitutes a search or seizure under the Fourth Amendment.

State-Level Cyber Security Efforts: The Garden State Model

No state has emerged as "the" model for cyber security policy and information sharing; nor is any likely to - given the varying needs, resources, and strategic priorities of the many states.  Rather, as Justice Brandeis suggested, we've seen in cyber security a classic example of the complexities of federalism and the "laboratories of democracy."  That said, the Garden State has shown thoughtfulness and innovation in its recent policy and organizational choices related to cyber security.   In rec


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