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Net Neutrality’s Legal Binary: An Either/Or With No “Third Way”

People working on net neutrality wish for a “third way”–a clever compromise giving us both network neutrality and no blowback from AT&T, Verizon, Comcast and others. That dream is delusional because the carriers will oppose network neutrality in any real form; they want paid fast lanes. They have expressed particular opposition to “Title II” of the Communications Act—something telecom lawyers mention the same way normal people might reference the First or Second Amendments. Title II is the one essential law to ban paid fast lanes. Read more » about Net Neutrality’s Legal Binary: An Either/Or With No “Third Way”

Internet Search Engines Are Liable for Processing Personal Data, Says the ECJ

Earlier today, the European Court of Justice released its long-awaited decision in Google Spain. The ECJ ruled that "an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.” Thus, under certain circumstances, search engines can be asked to remove links to webpages containing personal data.
 

Manager’s Amendment Puts Back Door Searches Back In USA Freedom Act

Over at Just Security I have an analysis of the USA Freedom Act as changed by a recent Manager's Amendment. Basically, I conclude that the Manager's Amendment fails to prohibit "back door searches" for US person information caught up in the NSA dragnet, which was supposedly one of the mail goals of the original bill.  Read more » about Manager’s Amendment Puts Back Door Searches Back In USA Freedom Act

Brazil Leads the Efforts in Internet Governance with its Recently Enacted "Marco Civil da Internet". What’s in it for Intermediary Liability?

On April 23, 2014, Brazil’s President Dilma Rousseff enacted the country’s long awaited Internet Bill of Rights, locally known as “Marco Civil da Internet”.

First introduced to the legislature in 2011, the bill was finally approved by Congress and submitted to the Senate in late March this year, after long public debate and several failed attempts of having it voted through the Congressional House.  Read more » about Brazil Leads the Efforts in Internet Governance with its Recently Enacted "Marco Civil da Internet". What’s in it for Intermediary Liability?

Springtime for CISPA

Spring is here. The flowers are in bloom, the days are longer, and Congress queues up for another legislative proposal to 'address' cybersecurity in the United States. Yes -- springtime is CISPA-time.

Last year, on April 18, 2013, I discussed the "Cybersecurity Information Sharing and Protection Act" (CISPA) as it moved through the US House.  (And thankfully failed.) Read more » about Springtime for CISPA

First European Constitutional Court Suspends Data Retention After the Decision of the Court of Justice of EU

Shortly after a series of coordinated suicide attacks in Madrid in 2004 and central London in 2005, the European Union reacted by passing the so called Data Retention Directive. The Directive obliged all the Member States to implement laws forcing telecommunication providers to monitor and store a wide range of meta-data about the Internet and phone activities of its citizens for period ranging from several months to years. The hope was that this data could help Europe to better fight terrorism and other serious crimes. Strong protests of citizens in some of the Member States could not stop this massive scale surveillance. This month, the Court of Justice of the European Union -- in its historical role as a constitutional court -- repealed the entire Data Retention Directive and also broadly squashed any future hopes for similarly far-reaching measures. And the national institutions of the Member States seem to be reacting to this decision. In the wake of the decision, the Slovak Constitutional Court last week temporarily suspended the Slovak national implementation until a review on merits is completed.

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