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EFFecting Change: If You Own It, Why Can't You Fix It? on July 23

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EFF and ACLU Tell Federal Court that Forensic Software Source Code Must Be Disclosed

Can secret software be used to generate key evidence against a criminal defendant? In an amicus filed ten days ago with the United States District Court of the Western District of Pennsylvania, EFF and the ACLU of Pennsylvania explain that secret forensic technology is inconsistent with criminal defendants’ constitutional rights...

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What Really Does and Doesn’t Work for Fair Use in the DMCA

On July 28, the Senate Committee on the Judiciary held another in its year-long series of hearings on the Digital Millennium Copyright Act (DMCA). The topic of this hearing was “How Does the DMCA Contemplate Limitations and Exceptions Like Fair Use?We’re glad Congress is asking the question. Without...

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In Historic Opinion, Third Circuit Protects Public School Students’ Off-Campus Social Media Speech

The U.S. Court of Appeals for the Third Circuit issued an historic opinion in B.L. v. Mahanoy Area School District, upholding the free speech rights of public school students. The court adopted the position EFF urged in our amicus brief that the First Amendment prohibits disciplining public school...

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The PACT Act Is Not The Solution To The Problem Of Harmful Online Content

The Senate Commerce Committee’s Tuesday hearing on the PACT Act and Section 230 was a refreshingly substantive bipartisan discussion about the thorny issues related to how online platforms moderate user content, and to what extent these companies should be held liable for harmful user content.The hearing brought into focus...

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University App Mandates Are The Wrong Call

As students, parents, and schools prepare the new school year, universities are considering ways to make returning to campus safer. Some are considering and even mandating that students install COVID-related technology on their personal devices, but this is the wrong call. Exposure notification apps, quarantine enforcement programs,...

A Legal Deep Dive on Mexico’s Disastrous New Copyright Law

Mexico has just adopted a terrible new copyright law, thanks to pressure from the United States (and specifically from the copyright maximalists that hold outsized influence on US foreign policy).This law closely resembles the Digital Millennium Copyright Act enacted in the US 1998, with a few differences that make it...

Mexico's New Copyright Law Undermines Mexico's National Sovereignty, Continuing Generations of Unfair "Fair Trade Deals" Between the USA and Latin America

Earlier this month, Mexico's Congress hastily imported most of the US copyright system into Mexican law, in a dangerous and ill-considered act. But neither this action nor its consequences occurred in a vacuum: rather, it was a consequence of Donald Trump's US-Mexico-Canada Agreement (USMCA), the successor to NAFTA.Trade...

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