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Supreme Court Sends Bad Spaniels Back to Obedience School, Leaves Rogers Test Mostly Intact

The question of when you can use a trademark is one we see all the time—and one that is often misunderstood. Many of the world’s largest and most powerful companies are fanatical about their trademarks. But that means the public is often in the dark about how their First...

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China Must Release Program Think Blogger Ruan Xiaohuan, Champion of Free Expression Who Spoke Out Against Censorship and Oppression

As the Chinese government cracked down on online free expression over the last decade, blocking access to information, filtering content, surveilling users for social control, and unleashing malware disproportionately against its own people, there was one steady, anonymous voice on the internet speaking out against government...

Congress + Action

EFF and Allies Send Letters to Senate Judiciary Opposing Bill to Require Messaging Platforms to Report Users to the DEA

EFF, the ACLU, the National Association of Criminal Defense Lawyers joined a coalition that sent two letters to the Senate Judiciary Committee to oppose S. 1080, the Cooper Davis Act. The letters point out the privacy, speech, and criminal justice problems with the bill.The bill would require...

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Victory! New Jersey Court Rules Police Must Give Defendant the Facial Recognition Algorithms Used to Identify Him

In a victory for transparency in police use of facial recognition, a New Jersey appellate court today ruled that state prosecutors—who charged a man for armed robbery after the technology showed he was a “possible match” for the suspect—must turn over to the defendant detailed information about the face scanning...

The Foreign Intelligence Surveillance Court Has Made a Mockery of the Constitutional Right to Privacy

The latest evidence that Section 702 of the Foreign Surveillance Intelligence Act (FISA) must be ended or drastically reformed came last month in the form of a newly unsealed order from the Foreign Intelligence Surveillance Court (FISC) detailing massive violations of Americans’ privacy by the FBI.The FISC order...

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The Right to Repair Is Law in Minnesota. California Should Be Next

Last week, Minnesota governor Tim Walz signed an omnibus bill that includes a comprehensive right to repair law requiring manufacturers to make spare parts, repair information, and tools available to consumers and repair shops. This law builds on smaller, but still significant, wins in Colorado, Massachusetts, and New...

Federal Judge Makes History in Holding That Border Searches of Cell Phones Require a Warrant

With United States v. Smith (S.D.N.Y. May 11, 2023), a district court judge in New York made history by being the first court to rule that a warrant is required for a cell phone search at the border, “absent exigent circumstances” (although other district courts have wanted...

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