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Privacy’s Defender: My Thirty-Year Fight Against Digital Surveillance

Legal Analysis

Legal Analysis

Big Win for User-Generated Content Hosts in Vimeo Case

The Second Circuit has released its long-awaited opinion in Capitol Records v. Vimeo, fully vindicating Vimeo’s positions. EFF along with a coalition of advocacy groups, submitted a friend-of-the-court brief in the case, supporting Vimeo.
The Second Circuit considered three important issues. First, whether a service provider...

The Danger of Corporate Facial Recognition Tech

The Illinois Biometric Privacy Statute Survived a Recent Attack. But the Struggle Continues.
Supporters of unregulated corporate facial recognition systems are waging a sneak attack against our nation’s strongest protection of biometric privacy. On one side are business interests seeking to profit by using invasive facial recognition technologies...

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Federal Appellate Court Strikes Potential Death Blow to Privacy in New Cell Site Location Information Case

This week, the full Fourth Circuit Court of Appeals—in a decision that impacts residents in Maryland, North Carolina, South Carolina, Virginia and West Virginia—held that you have no expectation of privacy in historical location data generated by your cell phone. This decision, which follows decisions from four other...

First FISC Phone Records Ruling Post-USA FREEDOM Exposes Shortcomings of Reforms

The secretive Foreign Intelligence Surveillance Court (FISC) had its first opportunity to review a government request for telephone call records since the enactment in June 2015 of the USA FREEDOM Act, which placed some restrictions and oversight on the NSA’s surveillance powers. Unfortunately the results of this...

EFF and ACLU Expose Government’s Secret Stingray Use in Wisconsin Case

Thanks to EFF and the ACLU, the government has finally admitted it secretly used a Stingray to locate a defendant in a Wisconsin criminal case, United States v. Damian Patrick. Amazingly, the government didn’t disclose this fact to the defendant—or the court—until we raised it in...

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Cisco’s Latest Attempt to Dodge Responsibility for Facilitating Human Rights Abuses: Export Rules

Cisco custom-built the so-called “Great Firewall of China,” also known as the “Golden Shield.” This system enables the Chinese government to conduct Internet surveillance and censorship against its citizens. As if that weren’t bad enough, company documents also revealed that, as part of its marketing pitch to China and in...

Sixth Circuit Disregards Privacy in New Cell Site Location Information Decision

This week, the Sixth Circuit Court of Appeals held, in United States v. Carpenter, that we lack any privacy interest in the location information generated by our cell phones. The opinion shows a complete disregard for the sensitive and revealing nature of cell site location information...

The FCC's Plan To Unlock Your Set-Top Box Is About Competition, Not Copyright

The Federal Communications Commission is trying to open up the closed world of TV set-top boxes, with the goal of finally killing that dust-gathering, power-sucking box altogether. They’ve proposed a new rule known as “Unlock the Box” that allows devices and apps from any...

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