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Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World

This is the third of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about them. These rulings effectively required platforms to monitor and delete user comments in order to avoid liability.

Policing Online Comments in Europe: New Human Rights Case Law in the Real World

This is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. The first case, Delfi, condoned a monitoring requirement in a case involving threats and hate speech.

New Intermediary Liability Cases from the European Court of Human Rights: What Will They Mean in the Real World?

Last summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles.* This winter, the Court’s lower chamber ruled the other way in MTE v.

Review Portals Have to Verify Anonymous User Reviews, Says the German Supreme Court

In a recent decision, the Federal Court of Justice (Bundesgerichtshof), the highest court in the system of ordinary jurisdiction in Germany, established a case of intermediary liability for anonymous reviews published in review portals, which are under the obligation to verify the accuracy of the review upon request. This case departs from previous case law, which has usually seen review portals prevailing in court.
 

New Article: How Governments Can Promote Automated Driving

My recently completed article presents steps that governments can take now to encourage the development, deployment, and use of automated road vehicles. After providing technical and legal context, it describes key administrative, legal, and community strategies. It concludes by urging policymakers to facilitate automated driving in part by expecting more from today’s drivers and vehicles. 

The SEC Play for a Backdoor to Your Email

The FBI demand for access to a locked iPhone by compelling Apple to write new software to undo its security features has sucked the oxygen out of the surveillance-privacy debate over the last few weeks.  So much is this the case that coverage of the markup of H.R. 699, the Email Privacy Act, tentatively scheduled for March 22, seems sure to be lost in the oral argument on Apple’s case, which is scheduled to be heard the same day.  But the Email Privacy Act is incredibly important and it deserves attention.

State And Local Cyber Security: The Rapid Growth of Cyber in Fusion Centers

Tracking the institutional response of state and local governments to cyber threats is relatively tough in many cases.  Security concerns, rapid changes, and limited transparency all collectively make finding official and primary sources challenging.  As such, when there are useful data sources to help understand these issues, they’re worthy of note.  One such set of data comes from the Department of Homeland Security’s (DHS) Annual Fusion Center Assessmen

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