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Podcast Episode 107

Legislative Analysis

Legislative Analysis

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Consumer Review Freedom Act Ready for Senate—Still a Good Law with a Few Problems

We wrote earlier this month about the Consumer Review Freedom Act (S. 2044, H.R. 2110), a bill that would prohibit businesses from using form contracts to prevent their customers from sharing negative reviews of their products and services online, or using bogus copyright claims to censor reviews...

Some Good News About CISA: It Doesn’t Include Senator Whitehouse's Dangerous CFAA Amendment

Update: The final text of CISA is being negotiated right now. Take action here.
CISA passed out of the Senate by a disappointing vote of 74-21 last week. The bill has already passed out of the House, and now it goes to a conference committee to...

Consumer Review Freedom Act Would Protect Customers’ Right to Post Reviews

Businesses should not be able to restrict customers’ speech
Are there limits to what a company can put in a standard form contract, like a click-through agreement? Can a company take away its customers’ freedom of speech?
The Consumer Review Freedom Act, now pending in Congress (S.2044,...

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California Leads the Way in Digital Privacy

Earlier this month, California Governor Jerry Brown signed a crucial law with groundbreaking implications for privacy, the Internet and free speech. Sacramento's adoption of the California Electronic Communications Privacy Act, also known as CalECPA, makes California the largest state to adopt digital privacy protections including both the content of...
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Senator Sheldon Whitehouse Wants to Make the Computer Fraud and Abuse Act Even Easier to Abuse

This summer, Senator Sheldon Whitehouse introduced an amendment to the flawed Cyber Information Sharing Act (CISA) that would make it even worse, by expanding the broken Computer Fraud and Abuse Act (CFAA). EFF has proposed common sense changes to this federal anti-hacking law, many of...

The SEC’s Power Grab: Civil Agencies Try to Weaken ECPA Reform Legislation

As we anticipated, the Senate Judiciary Committee's recent hearing on reforming the Electronic Communications Privacy Act focused on creating a loophole for civil law enforcement agencies like the Securities and Exchange Commission (SEC) to access personal content stored by third-party service providers without a warrant, rather than on...

Senate Judiciary Committee Finally Focuses on ECPA Reform

On Wednesday, September 16, nine months into the 114th Congress, the Senate Judiciary Committee will hold a hearing on reforming the Electronic Communications Privacy Act (ECPA), the federal law that regulates government access to private communications records stored by third parties.

Right now, the statute allows the government to...


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