Publications

Reforming the C-DSM Reform: a User-Based Copyright Theory for Commonplace Creativity

Author(s): 
Giancarlo Frosio
Publication Date: 
November 12, 2019
Publication Type: 
Academic Writing

A few years ago, Nellie Kroes warned that because of ill-adapted laws to technological development, “every day citizens […] across the EU break the law just to do something commonplace”. According to Kroes, the Single Market “cried out” for copyright reform. Finally, the EU responded to that reform call but, unfortunately, with the wrong answer. Read more about Reforming the C-DSM Reform: a User-Based Copyright Theory for Commonplace Creativity

Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes

Author(s): 
Riana Pfefferkorn
Publication Date: 
November 7, 2019
Publication Type: 
Litigation Brief

In Enigma Software v. Malwarebytes, the Ninth Circuit ruled that 47 U.S.C. 230(c)(2)(B) does not protect anti-threat classification decisions that are allegedly based on "anti-competitive animus." This amicus brief, written by Prof. Eric Goldman of Santa Clara Law and Venkat Balasubramani and joined by 7 professors, explains how the Ninth Circuit's ruling makes the Internet less safe. Read more about Amicus Brief of Cybersecurity Law Professors in Enigma Software v. Malwarebytes

Hackers are now targeting councils and governments, threatening to leak citizen data

Author(s): 
Brian Nussbaum
Publication Date: 
November 10, 2019
Publication Type: 
Other Writing

In recent weeks, Johannesburg’s computer network was held for ransom by a hacker group called Shadow Kill Hackers. This was the second time in three months a ransomware attack has hit South Africa’s largest city. This time, however, hackers didn’t pose the usual threat. Read more about Hackers are now targeting councils and governments, threatening to leak citizen data

Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Author(s): 
Jennifer Granick
Riana Pfefferkorn
Publication Date: 
October 3, 2019
Publication Type: 
Litigation Brief

Reply brief of Movants-Appellants EFF, ACLU, and Riana Pfefferkorn to the Ninth Circuit in our appeal from the district court's denial of our motion to unseal filings in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger.  Read more about Reply Brief to the Ninth Circuit re Motion to Unseal (Facebook Messenger)

Content Moderation for End-to-End Encrypted Messaging

Author(s): 
Jonathan Mayer
Publication Date: 
October 7, 2019
Publication Type: 
Other Writing

Thursday evening, the Attorney General, the Acting Homeland Security Secretary, and top law enforcement officials from the U.K. and Australia sent an open letter to Mark Zuckerberg. The letter emphasizes the scourge of child abuse content online, and the officials call on Facebook to press pause on end-to-end encryption for its messaging platforms. Read more about Content Moderation for End-to-End Encrypted Messaging

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