A federal appeals court in Manhattan heard oral arguments in Microsoft’s challenge to the US government’s warrant to compel the company to disclose a customer’s email stored in a data center in Ireland. The Center for Democracy & Technology (CDT) believes that neither a warrant nor a subpoena is sufficient to reach data stored outside the US and sides…
In a ruling that will reverberate across the tech sector and other industries in both the United States and Europe, the Court of Justice of the European Union (CJEU) ruled that the EU-US Safe Harbour agreement is invalid. The ruling, which is mostly a response to revelations about the US Government’s surveillance practices, complicates the legal framework for companies that transfer their users’ data under the agreement and should generate a new round of surveillance reform efforts in both the US and Europe.
One of the European Commission’s responses to the Snowden revelations was the swift adoption of the ‘EU-US Umbrella Agreement’. The objective of the Commission is to put in place a high level of data protection when personal information is transferred between the US and an EU country for the purpose of investigating, detecting, or prosecuting a crime. It was recently initialed by EU and US negotiators, pending US Congress adoption of the Judicial Redress Act. We view these developments as limited, but not insignificant improvements on the privacy rights of EU citizens.
The EPA advised the Copyright Office against granting temporary exemptions to the copyright laws prohibiting the circumvention of the technological protection measures (TPMs) designed to prevent access to vehicles’ embedded software. The agency warned that, without the TPM’s and the prohibition of their circumvention under the Digital Millennium Copyright Act (DMCA), car owners would access and modify their vehicle’s software in ways that might violate the Clean Air Act. CDT does not agree with this logic.
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The Electronic Communications Privacy Act was created in 1986, before emails, cloud computing, and social networking were mainstream. CDT is fighting for much needed reform of ECPA to require a warrant for any searches of your private online communications.