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Comments on the California Consumer Privacy Act (CCPA)

In collaboration with CIS Visiting Research Scholar Jana Gooth, we have (belatedly) submitted comments to the California Attorney General's office regarding California's Consumer Privacy Act (CCPA). This was a cooperative exercise between an information scientist (me) and a German lawyer (Jana), and we were able to work in many valuable insights from Jana's experience working on the General Data Protection Regulation (GDPR) for the European Parliment.

Protecting Senators from Cyber Threats

On Wednesday, Senators Wyden (D-OR) and Cotton (R-AR) introduced a bipartisan bill that, if passed, will enhance the Senate Sergeant at Arm's ability to defend Senators and their staff from cyber threats.

The EU's Terrorist Content Regulation: Expanding the Rule of Platform Terms of Service and Exporting Expression Restrictions from the EU's Most Conservative Member States

The EU’s proposed Terrorist Content Regulation gives national authorities sweeping new powers over comments, videos, and other content that people share using Internet platforms. Among other things, authorities – who may be police, not courts – can require platforms of all sizes to take content down within one hour. The Regulation also requires even small platforms to build upload filters and attempt to proactively weed out prohibited material.

Electronic Contracts and the Illusion of Consent

Q: What do you do when you see a little button on a webpage or app screen that says I agree?

A: Click the button.

The familiar and incredibly simple click-to-agree mechanism is ubiquitous. We encounter it throughout our digital lives. It is nothing less than the “legal backbone” of the internet, app stores, e-commerce and so much more.

Yet electronic contracting and the illusion of consent-by-clicking are a sham.

You've Been Sued In The E.U. For Copying A "Short Extract"!

You are CEO of Google. When you wake up tomorrow morning, your general counsel calls you: "we've been sued in the E.U. for copyright infringement! The claim: our search results for Le Parisien and dozens of other newspapers used more than one word and/or beyond a 'short extract.'" Your response: "is this April Fools’ day?"

Submission Regarding the Draft IT Intermediaries Guidelines Proposed in India

The present submission has the object of providing comments and recommendations regarding a very specific provision included in the document mentioned in the title, that is the specific proposed duty for intermediaries to:

“deploy technology based automated tools or appropriate mechanisms, with appropriate controls, for proactively identifying and removing or disabling public access to unlawful information or content.”

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