The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
The man who won the right-to-be-forgotten case in the Court of Justice of the European Union (CJEU) has now been denied the right to suppress links to comments about that case by the Spanish Data Protection Authority (DPA). Given the relevance of the CJEU’s ruling, comments discussing the case and the facts behind it must be considered of public interest, according to the DPA’s decision. Read more » about No more right-to-be-forgotten for Mr. Costeja, says Spanish Data Protection Authority
On Monday, September 21st, fifteen of the nation's leading First Amendment and cyberlaw scholars -- including Jack Balkin (Yale), Yochai Benkler (Harvard), Theodore L. Glasser (Stanford), Larry Lessig (Harvard), Pamela Samuelson (Berkeley), Fred Turner (Stanford), and Barbara van Schewick (Stanford) -- filed a friends-of-the-Court brief in federal court defending the Open Internet Rules on First Amendment grounds. Read more » about First Amendment & Cyberlaw Scholars File Brief to Defend Open Internet Rules
Today the French Data Protection regulator, CNIL, reaffirmed its position that Google must apply European “Right to Be Forgotten” (RTBF) law globally, by removing content from its services in all countries. Europe’s RTBF laws are rooted in citizens' rights to data protection and privacy. They are inconsistent with U.S. and other countries’ free expression laws, because they require suppression of information even if that information is true and not causing harm. Read more » about The ‘Right to Be Forgotten’, the right to be included, and global content regulation
Last week, two very interesting documents related to US national cyber security concerns and efforts were released. The first is the testimony of Director of National Intelligence James Clapper before Congress on the Intelligence Community's assessment of the cyber threats facing the United States. Read more » about DNI and Cyber Command Shed Light on Cyber Threats and Cyber Efforts
In her concurring opinion in US v. Jones, 565 U.S. ___ (2012), Justice Sonia Sotomayor brought up a crucial point regarding a democracy's natural acceptance or resistance to government surveillance. As you may recall, the Court in Jones addressed whether the government's attachment of a GPS tracking device to someone's car in order to continuously monitor their movements constitutes a search or seizure under the Fourth Amendment. Read more » about Government Cheating on the Sotomayor Surveillance Scale
No state has emerged as "the" model for cyber security policy and information sharing; nor is any likely to - given the varying needs, resources, and strategic priorities of the many states. Rather, as Justice Brandeis suggested, we've seen in cyber security a classic example of the complexities of federalism and the "laboratories of democracy." That said, the Garden State has shown thoughtfulness and innovation in its recent policy and organizational choices related to cyber security. In rec Read more » about State-Level Cyber Security Efforts: The Garden State Model
I’ve just posted a new paper titled “The Shaky Ground of the Right to Be Delisted” to the ssrn website, which deals with the so called “right to be forgotten” as it was crafted by the Court of Justice of the European Union in its landmark Google Spain ruling.
Here is the abstract: Read more » about New paper: The Shaky Ground of the Right to Be Delisted