“Tool Without a Handle”: 21st Century Data Privacy – A Quantum Puzzle – Part 2

In this part 2, I describe a quantum principle – the familiar “uncertainty principle” – and how it applies to privacy law and policy considerations. In particular, I observe that the process of managing data respectfully creates something of a quantum paradox. The paradox is a form of an “uncertainty” principle, whereby to better afford privacy for certain data, one in fact needs to know additional information about the data subject

Facebook Has to Identify Uploader of Revenge Porn, Says Dutch Court

A Dutch Court today ruled that Facebook has a duty to identify a person who has uploaded a revenge porn video on its social network. In this case, the video displays a woman, Chantal, performing oral sex on her now ex-boyfriend. A fake account bearing Chantal’s name was created and used to share the private video with her friends and others. Chantal’s ex-boyfriend, who recorded the video, has always denied uploading the video.

Brazilian Supreme Court Adopts Common Law Tests for Intermediary Liability in Copyright Case

Last month, the Superior Tribunal de Justiça (STJ), the highest appellate court in Brazil for non-constitutional questions of federal law, awarded a landmark decision in a case discussing the liability of the social networking site Orkut for copyright infringing user-generated content on its site. The Court ruled that content providers cannot be held liable for copyright violations committed by third parties if they do not profit from copyright infringement on the part of its users.

Things We STILL Need To Know About Domestic Spying

In two years, section 702 of the FISA Amendments Act will expire. It is essential the public to have confidence that any reforms to section 702 will actually address problems with PRISM and Upstream surveillance. To get that confidence, we have to know a lot more about how the intelligence community is using section 702. That understanding requires more investigation.


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