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Legislative Analysis

Legislative Analysis

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How Would the Kerry-McCain "Commercial Privacy Bill of Rights" Affect State Security and Privacy Laws?

We’ve previously written about the Kerry-McCain "Commercial Privacy Bill of Rights," which tries to create a general federal privacy framework rooted in the Fair Information Practices (although we’re not sure how well it succeeds). Currently, federal privacy law is sector-specific, often applying only to certain types of information...

Officer Friendly Asks: "May I Search Your Digital Device?"

Join EFF in Supporting California Bill That Requires Police to Get a Warrant Before Searching Cell Phones

EFF is proud to support SB 914, a bill that requires the police to obtain a warrant before searching a recent arrestee’s cell phone.
SB 914 is a response to a January decision of the California Supreme Court in People v. Diaz. In that case, the court authorized...

EFF Applauds New Electronic Privacy Bill That Tells the Government: Come Back With a Warrant!

Today, Senator Patrick Leahy introduced much-needed legislation to update the Electronic Communication Privacy Act of 1986, a critically important but woefully outdated federal privacy law in desperate need of a 21st century upgrade. This ECPA Amendments Act of 2011 (S. 1011) would implement several of the reform principles advocated by...

Well-Meaning "Privacy Bill of Rights" Wouldn't Stop Online Tracking

On Tuesday, Senators John McCain and John Kerry introduced the long-awaited Commercial Privacy Bill of Rights, a sweeping bill that covers online and offline data collection, retention, use, and dissemination practices. Unfortunately, the bill may fall short of what’s needed to protect our privacy.
This bill fails to...

Part I: FCC “Ancillary” Authority to Regulate the Internet? Don’t Count on It

The FCC published its long-awaited final Report and Order on net neutrality at the end of December (more on that in part 2 of this post), but the debate is far from over. Republican members of Congress have loudly voiced their displeasure with the attempt to regulate internet...

Censorship of the Internet Takes Center Stage in "Online Infringement" Bill

Senator Patrick Leahy yesterday introduced the "Combating Online Infringement and Counterfeits Act" (COICA). This flawed bill would allow the Attorney General and the Department of Justice to break the Internet one domain at a time — by requiring domain registrars/registries, ISPs, DNS providers, and others to block Internet users...

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“E-Personation” Bill Could Be Used to Punish Online Critics, Undermine First Amendment Protections for Parody

A bill that could undermine a new and important form of online activism has quietly worked its way through the California legislature. If signed by the governor, the new law would make it a crime to impersonate someone online in order to “harm” that person. In other words, it...

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