The good, bad, and ugly of binary thinking . . .

Sometimes the best choice when you come to a fork in the road is to retreat, or even merge the two forks by taking one then going off road to the other! And yet binary thinking will force us to choose between the right or left fork, even if both forks suck standing alone. Only by understanding the perils of binary thinking can you protect against its destabilizing bipolar effects in conflict resolution.

Tool Without a Handle: Quantum Paradox #3

To moderate (edit or block objectionable or illegal content) in the online context implicates the quantum paradox of privacy. To effectively moderate a user, you must know who the user is, and give the user a fixed identity. It can of course be a pseudonymous identity, but even in such cases some degree of privacy, some degree of invisibility, is lost. Accepting that this is necessary if there is to be some effective form of content moderation can move past unworkable solutions

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.


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