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

Legal Analysis

Legal Analysis

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U.S. Supreme Court Upholds Public School Students’ Off-Campus Speech Rights

In a win for freedom of speech, the U.S. Supreme Court held that public high school officials violated a student’s First Amendment rights when they suspended her from cheerleading for posting a vulgar Snapchat selfie over the weekend and off school grounds. EFF filed an amicus brief in...

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In U.S. v Wilson, the Ninth Circuit Reaffirms Fourth Amendment Protection for Electronic Communications

In a powerful new ruling for digital privacy rights, the Ninth Circuit Court of Appeals has confirmed that the police need to get a warrant before they open your email attachments—even if a third party’s automated system has flagged those attachments as potentially illegal. We filed an amicus...

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Colorado Supreme Court Rules Three Months of Warrantless Video Surveillance Violates the Constitution

EFF Legal Intern Hannah Donahue co-wrote this post.Last week, the Colorado Supreme Court ruled, in a case called People v. Tafoya, that three months of warrantless continuous video surveillance outside a home by the police violated the Fourth Amendment. We, along with the ACLU and the ACLU of Colorado,...

New Texas Abortion Law Likely to Unleash a Torrent of Lawsuits Against Online Education, Advocacy and Other Speech

In addition to the drastic restrictions it places on a woman’s reproductive and medical care rights, the new Texas abortion law, SB8, will have devastating effects on online speech. The law creates a cadre of bounty hunters who can use the courts to punish and silence anyone whose...

Council of Europe Cybercrime Treaty

EFF to Council of Europe: Flawed Cross Border Police Surveillance Treaty Needs Fixing—Here Are Our Recommendations to Strengthen Privacy and Data Protections Across the World

EFF has joined European Digital Rights (EDRi), the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC), and other civil society organizations in recommending 20 solid, comprehensive steps to strengthen human rights protections in the new cross border surveillance draft treaty that is under review by the Parliamentary Assembly...

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Texas AG Paxton's Retaliatory Investigation of Twitter Goes to Ninth Circuit

In an amicus brief filed July 23, EFF, along with the Center for Democracy and Technology and other partner organizations, urged the Ninth Circuit Court of Appeals to apply longstanding First Amendment law and protect Twitter from a retaliatory investigation by Texas Attorney General Ken Paxton.
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EFF to Ninth Circuit: Recent Supreme Court Decision in Van Buren Does Not Criminalize Web Scraping

EFF and the Internet Archive argued to the Ninth Circuit Court of Appeals that the Supreme Court’s recent decision in Van Buren v. United States shows that the federal computer crime law does not criminalize the common and useful practice of scraping publicly available information on the internet.
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Victory! Fourth Circuit Rules Baltimore’s Warrantless Aerial Surveillance Program Unconstitutional

This blog post was cowritten by EFF intern Lauren Yu.The U.S. Court of Appeals for the Fourth Circuit ruled last week that Baltimore’s use of aerial surveillance that could track the movements of the entire city violated the Fourth Amendment.The case, Leaders of a Beautiful Struggle v. Baltimore...

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Supreme Court Narrows Ability to Hold U.S. Corporations Accountable for Facilitating Human Rights Abuses Abroad

People around the world have been horrified at the role that technology companies like Cisco, Yahoo!, and Sandvine have played in helping governments commit gross human rights abuses. That’s why EFF has consistently called out technology companies, and American companies in particular, that allow...

Setbacks in the FTC’s Antitrust Suit Against Facebook Show Why We Need the ACCESS Act

After a marathon markup last week, a number of bills targeting Big Tech’s size and power, including the critical ACCESS Act, were passed out of committee and now await a vote by the entire House of Representatives. This week, decisions by a federal court tossing out both the Federal...

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