Some Answers to Questions About the State of Copyright in 2021
In all the madness that made up the last month of 2020, a number of copyright bills and proposals popped up—some even became law before most people had any chance to review them. So now that the dust has settled a little and we have some better idea what the...
Online-Only Vaccine Distribution Will Leave Too Many Behind
As the rollout of COVID-19 vaccines has begun across the U.S., there have been numerous reports of people having trouble getting it—not just because of its limited availability, but also because some counties and states have chosen to require computer and Internet access to sign up. This...
Facebook's Latest Proposed Policy Change Exemplifies the Trouble With Moderating Speech at Scale
Hateful speech presents one of the most difficult problems of content moderation. At a global scale, it’s practically impossible. That’s largely because few people agree about what hateful speech is—whether it is limited to derogations based on race, gender, religion, and other personal characteristics historically subject to hate, whether it...
Incoming Biden Administration Officials Should Change Course on Encryption
To have privacy and security in the digital world, encryption is an indispensable ingredient. Without it, we’re all at risk of exploitation—by authoritarian governments, over-reaching police, nosy corporations, and online criminals.But for some years now, federal law enforcement has paid lip service to “cybersecurity,” while actually seeking to make...
Section 1201’s Harm to Security Research Shown by Mixed Decision in Corellium Case
Under traditional copyright law, security research is a well-established fair use, meaning it does not infringe copyright. When it was passed in 1998, Section 1201 of the Digital Millennium Copyright Act upset the balance of copyright law. Since then, the balance has been further upset as it has been interpreted...
No Secret Evidence in Our Courts
If you’re accused of a crime, you have a right to examine and challenge the evidence used against you. In an important victory, an appeals court in New Jersey agreed with EFF and the ACLU of NJ that a defendant is entitled to see the source code of software...
Despite Progress, Metadata Still Under "Second Class" Protection in Latam Legal Safeguards
When Law Enforcement Wants Your Private Communications, What Legal Safeguards Are in Place in Latin America and Spain?
San Francisco Takes Small Step to Establish Oversight Over Business Association Surveillance
The San Francisco Board of Supervisors last week voted unanimously in favor of requiring all special business districts—such as the Union Square Business Improvement District (USBID)—to bring any new surveillance plans to the Board before adopting new technologies. The resolution—passed in the wake of an EFF investigation, a...
Can Government Officials Block You on Social Media? A New Decision Makes the Law Murkier, But Users Still Have Substantial Rights
It’s now common practice for politicians and other government officials to make major policy announcements on Twitter and other social media forums. That’s continuing to raise important questions about who can read those announcements, and what happens when people are blocked from accessing and commenting on important social media...







