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By Riana Pfefferkorn on March 10, 2020 at 7:52 pm
So far, I’ve covered what I believe to be some First Amendment and due process problems with the EARN IT Act bill. Last but not least, let’s talk about the Fourth Amendment. Read more about The EARN IT Act Is Unconstitutional: Fourth Amendment
By Riana Pfefferkorn on March 9, 2020 at 10:56 pm
I’ve previously covered the First Amendment concerns that I have with the newly-introduced EARN IT Act bill. I also have due-process concerns about the bill’s “best practices” requirement. The Fifth Amendment protects (among other things) your right to due process with respect to the federal government. Read more about The EARN IT Act Is Unconstitutional: Due Process
By Riana Pfefferkorn on March 9, 2020 at 10:53 pm
The disastrous EARN IT Act bill is coming up for a hearing Wednesday morning in the Senate Judiciary Committee, where it’s been introduced as Senate bill S. 3398 (though, at this time, still no bill text – see here for that). In advance of that hearing, I have a few thoughts that go beyond my usual angle (encryption) to discuss the bill’s serious constitutional defects. Read more about The EARN IT Act Is Unconstitutional. First Up, the First Amendment.
By Riana Pfefferkorn on March 5, 2020 at 8:17 pm
Well, the dreaded day has come: the EARN IT Act was formally introduced today in the Senate Judiciary Committee. Read more about The EARN IT Act Is Here. Surprise, It’s Still Bad News.
By Jen King on February 26, 2020 at 12:33 pm
Yesterday I submitted a second set of comments (see the bottom of this post for a copy) to the California Attorney General’s office for the February round of the California Consumer Privacy Act (CCPA) rulemaking process. Read more about CCPA Comments, Round Two: The Battle of the Do Not Sell Button
By Riana Pfefferkorn on February 25, 2020 at 3:03 pm
There’s a story in today’s Washington Post Read more about DOJ Plans to Strike Against Encryption While the Techlash Iron Is Hot
By Stephen Wm. Smith on January 30, 2020 at 1:06 pm
This post offers concluding thoughts about the Ackies tracking device case, which I have written about here, here, and here. Read more about Trifling with the Courts
By Riana Pfefferkorn on January 30, 2020 at 12:42 pm
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The story so far: In the ‘90s the Internet was created. This has made a lot of people very angry and been widely regarded as a bad move. |
(with apologies to Douglas Adams)[1] Read more about The EARN IT Act: How to Ban End-to-End Encryption Without Actually Banning It
By Stephen Wm. Smith on January 14, 2020 at 11:46 am
On December 16, 2019 the Supreme Court denied cert in Ackies v. United States, the ‘precise location’ warrant case from the First Circuit. For reasons I outlined here and here, that appellate court decision was a train wreck of factual misconception and statutory misconstruction. Read more about Twisted Tracking Law Precedent Badly Needs Straightening Out
By Daphne Keller on January 13, 2020 at 2:38 pm
I've had a lot of positive feedback for the Intermediary Liability 101 slides I shared back in 2018, so I thought I'd post these updated ones now. They are based on a deck I presented to a European policymaking audience last month. Their focus tilts toward European examples -- but many of the issues captured here are universal. This version also has a longer section toward the end listing emerging issues and ideas (again, with a European lens). Read more about Intermediary Liability 101: An Update for 2020
