Yesterday, EFF, on behalf of its client Kyle Goodwin, filed a brief proposing a process for the Court in the Megaupload case to hold the government accountable for the actions it took (and failed to take) when it shut down Megaupload's service and denied third parties like Mr....

If there's one thing Congress got right when it passed the Stored Communications Act (SCA) in 1986, it was prohibiting civil litigants from accessing the contents of electronic communications stored by communications providers. Otherwise, every civil dispute would result in myriad requests for content like emails, tweets, and Facebook...

Courts are investigating the legality of a European Union regulation requiring biometric passports in Europe. Last month, the Dutch Council of State (Raad van State, the highest Dutch administrative court) asked the European Court of Justice (ECJ) to decide if the regulation requiring fingerprints in passports and travel...

In a welcome move, the full Federal Circuit has agreed to revisit a troubling ruling in a case called CLS Bank v. Alice Corp. This case, along with the Ultramercial case, presents an important opportunity for the courts to insert some long-overdue sanity into the debate over what...

Yesterday, EFF filed its latest brief in the Jewel v. NSA case, aiming to stop the government from engaging in mass warrantless collection of emails, phone calls, and customer records of ordinary Americans. The matter is set for hearing on December 14, 2012 in federal court in San...

UPDATE: This morning, rather than face contempt charges, Twitter handed over the data requested by the government, under seal, to the New York Criminal Court. Twitter was faced with a terrible choice between giving ground on its fight for user privacy, or risk a potentially expensive contempt...

The damages provisions of copyright law - up to $150,000 per infringed work without any proof of harm - are crazy. And according to the federal appeals court in Minnesota, the Constitution does not restore sanity. This week, the U.S. Court of Appeals for the Eighth Circuit ...

On September 19, the Ninth Circuit is set to hear new arguments in Haskell v. Harris, a case challenging California’s warrantless DNA collection program. Today EFF asked the court to consider ground-breaking new research that confirms for the first time that over...

Location privacy generally, and cell site tracking specifically, have been two hot issues this year, particularly since the Supreme Court's January ruling in United States v. Jones that installing a GPS device on a car without a search warrant violated the Fourth Amendment. After Jones, we were optimistic...

Judges on both coasts of the U.S. have now rejected one of the copyright trolls' favorite tactics - suing an Internet subscriber for "negligence" when someone else allegedly downloaded a movie illegally. Judge Phyllis Hamilton of the Northern California federal court ...