The Bipartisan Digital Advertising Act Would Break Up Big Trackers
In May, Senators Mike Lee, Amy Klobuchar, Ted Cruz, and Richard Blumenthal introduced the “Competition and Transparency in Digital Advertising Act.” The bill, also called the “Digital Advertising Act” or just “DAA” for short, is an ambitious attempt to regulate, and even break up, the biggest online advertising companies...
Security and Privacy Tips for People Seeking An Abortion
Given the shifting state of the law, people seeking an abortion, or any kind of reproductive healthcare that might end with the termination of a pregnancy, may need to pay close attention to their digital privacy and security. We've previously covered how those involved in the abortion access movement...
Westlaw Must Face Antitrust Claims in a Case That Could Boost Competitive Compatibility
Westlaw, the world’s largest legal research service, is very likely to face antitrust liability. A federal court has ruled that ROSS Intelligence, a tiny rival offering new research tools (which Westlaw forced out of business with a copyright infringement suit) could proceed with claims that Westlaw uses exclusionary and anticompetitive...
Victory! Court Rules That DMCA Does Not Override First Amendment’s Anonymous Speech Protections
Copyright law cannot be used as a shortcut around the First Amendment’s strong protections for anonymous internet users, a federal trial court ruled on Tuesday.The decision by a judge in the United States District Court for the Northern District of California confirms that copyright holders issuing subpoenas under the...
When “Jawboning” Creates Private Liability
A (Very) Narrow Path to Holding Social Media Companies Legally Liable for Collaborating with Government in Content ModerationFor the last several years we have seen numerous arguments that social media platforms are "state actors" that “must carry” all user speech. According to this argument, they are legally required to publish...
Pass the "My Body, My Data" Act
EFF supports Rep. Sara Jacobs’ “My Body, My Data" Act, which will protect the privacy and safety of people seeking reproductive health care.Privacy fears should never stand in the way of healthcare. That's why this common-sense bill will require businesses and non-governmental organizations to act responsibly with personal...
EFF Warns Another Court About the Dangers of Broad Site-Blocking Orders
A copyright holder can’t use a court order against the owner of an infringing website to conscript every intermediary service on the internet into helping make that website disappear, EFF and the Computer & Communications Industry Association argued in an amicus brief.The brief, filed in the U.S. District Court...
Copyright "Small Claims" Quasi-Court Opens. Here's Why Many Defendants Will Opt Out.
A new quasi-court for copyright, with nationwide reach, began accepting cases this week. The “Copyright Claims Board” or “CCB,” housed within the Copyright Office in Washington DC, will rule on private copyright infringement lawsuits from around the country and award damages of up to $30,000 per case. Though it’s...
Our Digital Lives Rest on a Robust, Flexible, and Stable Fair Use Regime
Much of what we do online involves reproducing copyrightable material, changing it, and/or making new works. Technically, pretty much every original tweet is copyrightable. And the vast majority of memes are based on copyrighted works. Your funny edits, mashups, and photoshopped jokes manipulate copyrighted works into new ones. Effective communication...
First Circuit Court of Appeals Upholds Eight Months of Warrantless 24/7 Video Surveillance
EFF Legal Intern Talya Nevins contributed to the drafting of this blog post.A federal appellate court in Massachusetts has issued a ruling that effectively allows federal agents in Puerto Rico and most of New England to secretly watch and videorecord all activity in front of anyone’s home 24 hours...
