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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...

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Despite Progress, Metadata Still Under "Second Class" Protection in Latam Legal Safeguards

This post is the fourth in a series about our new State of Communications Privacy Laws report, a set of questions and answers about privacy and data protection in Argentina, Brazil, Chile, Colombia, Mexico, Paraguay, Panama, Peru, and Spain. The...

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When Law Enforcement Wants Your Private Communications, What Legal Safeguards Are in Place in Latin America and Spain?

This post is the third in a series about our new State of Communications Privacy Laws report, a set of questions and answers about privacy and data protection in Argentina, Brazil, Chile, Colombia, Mexico, Paraguay, Panama, Peru, and Spain. The...

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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...

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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...

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