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The FCC changed course on network neutrality. Here is why you should care.

Wednesday's press reports of the new network neutrality rules proposed by FCC Chairman Wheeler have been met with anger and confusion. According to the Wall Street Journal, "[r]egulators are proposing new rules on Internet traffic that would allow broadband providers to charge companies a premium for access to their fastest lanes. […] [T]he proposal would […] allow providers to give preferential treatment to traffic from some content providers, as long as such arrangements are available on 'commercially reasonable' terms for all interested content companies. Whether the terms are commercially reasonable would be decided by the FCC on a case-by-case basis." Read more » about The FCC changed course on network neutrality. Here is why you should care.

Fourth Circuit Upholds Contempt Against Lavabit, Doesn’t Decide Gov’t Access to Encryption Keys

Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and email servers.  Nevertheless, the Court upheld contempt of court sanctions, because of the Lavabit owner’s foot dragging during proceedings. Lavabit had failed to raise the substantive issues below, it decided, thus precluding appellate review. Read more » about Fourth Circuit Upholds Contempt Against Lavabit, Doesn’t Decide Gov’t Access to Encryption Keys

ECPA reform is not just a U.S. issue

It doesn’t matter where in the world a police officer is, if he or she wants to access an individual’s Gmail or Facebook records (or many other US-based products), that access is governed by the Electronic Communications Privacy Act. Despite this, ECPA does not directly address the issue of foreign law enforcement access. This has created a confusing system that does not adequately protect the privacy of users or facilitate legitimate international criminal investigations and prosecutions. Read more » about ECPA reform is not just a U.S. issue

My Comments On NSA Spying to PCLOB

Today I filed comments with the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its hearing on section 702 of the FISA Amendments Act. That law is the legal basis for the PRISM surveillance program and involves warrantless collection of communications contents via targeting non-U.S. individuals or entities reasonably believed to be located abroad. I've written previously about questions the PCLOB should investigate with regards to section 702. Read more » about My Comments On NSA Spying to PCLOB

In Standoff with FTC, Wyndham Shoots Itself in the Foot

The Federal Trade Commission’s (FTC) resounding victory over Wyndham Worldwide Corporation in a U.S. District Court paves the way for increasing privacy and data security action by the agency, which over the past decade has asserted itself as the most forceful and well-respected privacy enforcement authority in the world. Read more » about In Standoff with FTC, Wyndham Shoots Itself in the Foot

March 2014 in Retrospect: Intermediary Liability News and More from the Internet and Jurisdiction Project

Retrospect is the monthly newsletter of the Internet & Jurisdiction Project - a global multi-stakeholder dialogue process that explores the tension between the cross-border nature of the Internet and national jurisdictions. Every month, the members of the Internet & Jurisdiction Observatory expert network identify the 20 most relevant cases through a progressive filtering process to inform the participants of the Internet & Jurisdiction Project on emerging trends around the world. Read more » about March 2014 in Retrospect: Intermediary Liability News and More from the Internet and Jurisdiction Project

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