Law Enforcement Access Electronic Frontier Foundation
Law Enforcement Access. When exploring medical privacy issues, it's very useful to have an overview of the laws that affect control and privacy of medical information. We encourage you to read our legal overview. Federal and state laws define some privacy rights for people who want to keep their medical records out of the hands of law enforcement.
Actived: 9 days ago
The Law and Medical Privacy Electronic Frontier …
(Just Now) California law is stronger in requiring authorization for disclosure of data about STDs (although positive AIDS tests must be reported), substance abuse treatment, and outpatient psychotherapy notes. California’s medical privacy laws apply to vendors of an individual's personal health record (PHR) , while HIPAA applies only if the vendor is a
Labor Law Electronic Frontier Foundation
(7 days ago) The Bloggers' FAQ on Labor Law addresses legal issues arising from workplace blogging, including union organizing, protections for political blogging away from the workplace, and whistle-blogging.If I am fired for blogging while at work, do I have any legal recourse?Maybe. That depends on a number
CDA 230: Key Legal Cases Electronic Frontier Foundation
(9 days ago) CDA 230: Key Legal Cases. In the decade and a half since Section 230 of the Communications Decency Act (CDA) was signed into law, it has been challenged and upheld on numerous occasions. This is a small sample of the key cases that have litigated CDA 230 over the years. For a more complete discussion of Section 230 and the cases interpreting it
Court Ruling Against Locast Gets the Law Wrong; Lets …
(8 days ago) The ruling reads the law in an absurdly narrow way that defeats Congress’s intention to allow nonprofits to step in and provide communities access to broadcast TV, a vital source of local news and cultural programming for millions of people. This matters now more than ever, with communities across the country at risk because of COVID-19
13 Principles Week of Action: Secret Law is Not Law
(6 days ago) 13 Principles Week of Action: Secret Law is Not Law. In the week leading up the first year anniversary of the 13 Necessary and Proportionate Principles, EFF and the coalition behind the 13 Principles will be conducting a Week of Action explaining some of the key guiding principles for surveillance law reform.
Section 230 of the Communications Decency Act …
(3 days ago) 47 U.S.C. § 230, a Provision of the Communication Decency Act Tucked inside the Communications Decency Act (CDA) of 1996 is one of the most valuable tools for protecting freedom of expression and innovation on the Internet: Section 230. This comes somewhat as a surprise, since the original purpose of the legislation was to restrict free speech on the Internet.
Proposed New Internet Law in Mauritius Raises Serious
(Just Now) Proposed New Internet Law in Mauritius Raises Serious Human Rights Concerns Share It Share on Twitter Share on Facebook Copy link As debate continues in the U.S. and Europe over how to regulate social media, a number of countries—such as India and Turkey —have imposed stringent rules that threaten free speech, while others, such as
Maryland and Montana Pass the Nation’s First Laws
(7 days ago) The Maryland law regulates other important aspects of genetic investigations as well. For example, it places strict limits on and requires judicial oversight for the covert collection of DNA samples from both potential suspects and their genetic relatives, …
Reporters' Privilege Electronic Frontier Foundation
(3 days ago) What is a state reporter's shield law? More than 30 states have elected to provide protection for journalists over and above the protection afforded by the constitutional reporter's privilege. For example, through an initiative the people of California included a reporter's shield in the California Constitution.
CALEA Electronic Frontier Foundation
(2 days ago) The Communications Assistance for Law Enforcement Act (CALEA) of 1994 Congress passed the Communications Assistance for Law Enforcement Act (CALEA) in 1994, which forced telephone companies to redesign their network architectures to make it easier for law enforcement to wiretap digital telephone calls. In 2005, CALEA was expanded by the Federal Communications Commission (FCC)
EFF to Federal Court: Block Unconstitutional Texas Social
(1 days ago) Users are understandably frustrated and perplexed by many big tech companies’ content moderation practices. Facebook, Twitter, and other social media platforms make many questionable, confounding, and often downright incorrect decisions affecting speakers of all political stripes. A new Texas law…
Victory! Oakland’s City Council Unanimously Approves
(Just Now) The legislative session has ended and Governor Newsom is expected to sign into law S.B. 4 and A.B. 14, bills that stand as the final piece of the state’s new broadband infrastructure program. With a now- estimated $7.5 billion assembled between federal …
Texas’ Social Media Law is Not the Solution to Censorship
(4 days ago) Texas’ Social Media Law is Not the Solution to Censorship. The big-name social media companies have all done a rather atrocious job of moderating user speech on their platforms. However, much like Florida's similarly unconstitutional attempt to address the issue ( S.B. 7072 ), Texas' recently enacted H.B. 20 would make the matter worse for
Vietnam's Internet Censorship Bill Goes Into Effect
(3 days ago) Vietnam's Internet Censorship Bill Goes Into Effect. Internet freedom has gone from bad to worse in Vietnam as an online censorship law known as Decree 72 went into effect this month. It bans bloggers and users of social media from quoting, gathering, or summarizing information from press organizations or government websites.
Plaintiffs Continue Effort to Overturn FOSTA, One of the
(7 days ago) The law makes it illegal to “facilitate” or “promote” prostitution without defining what that means. This has led to, and will continue to lead to, the censorship of speech that is protected by the First Amendment. Organizations like Woodhull, and individuals …
New Texas Abortion Law Likely to Unleash a Torrent of
(7 days ago) Texas’s anti-abortion law is an attack on many fundamental rights, including the First Amendment rights to advocate for abortion rights, to provide basic educational information, and to counsel those considering reproductive decisions. We will keep a close eye on the lawsuits the law spurs and the chilling effects that accompany them.
Indonesia’s Proposed Online Intermediary Regulation May be
(5 days ago) Article 9(3) includes within “prohibited content and information” any speech that violates Indonesian law and regulations. GR71, a regulation one level higher than MR5, and the later Law No. 11 of 2008 on Electronic Information and Transactions, both use similar vague language without offering any further definition or elucidation.
Washington State Cyberstalking Law Electronic Frontier
(Just Now) Washington State Cyberstalking Law. Washington state has enacted a criminal cyber-stalking statute that threatens its citizens with prosecution and incarceration for innocent online speech protected by the First Amendment. Specifically, the law prohibits broadly-defined “electronic communications” intended to “embarrass” someone (or
How California’s Broadband Infrastructure Law Promotes
(4 days ago) The legislative session has ended and Governor Newsom is expected to sign into law S.B. 4 and A.B. 14, bills that stand as the final piece of the state’s new broadband infrastructure program. With a now- estimated $7.5 billion assembled between federal and state funds, California has the resources it needs to largely close the digital divide in the coming years.
Supreme Court Affirms That No One Owns the Law
(5 days ago) Supreme Court Affirms That No One Owns the Law. In a major victory for open government and fundamental due process, the Supreme Court ruled today that the annotations in a state’s official legal code—summaries of court decisions and other sources that explain the state’s laws—cannot be copyrighted.
EFF to Court: Broadband Privacy Law Passes First Amendment
(9 days ago) The government must show (1) it has a “substantial interest” that it is seeking to achieve through the law, and (2) the law “directly advances,” and is “narrowly drawn” to, this interest. But the government need not show the challenged law is “the least restrictive means” to achieve the government’s interests.
Genetic Information Privacy Electronic Frontier Foundation
(4 days ago) Law enforcement. There is the growing practice, at all levels of law enforcement, of collecting genetic data from suspects when they are arrested and storing the information in a database for later reference. The Supreme Court held in Maryland v.
Should Congress Close the FBI’s Backdoor for Spying on
(8 days ago) All of us deserve basic protection against government searches and seizures that the Constitution provides, including requiring law enforcement to get a warrant before it can access our communications. But currently, the FBI has a backdoor into our communications, a loophole, that Congress can and
You Have a First Amendment Right to Record the Police
(2 days ago) Although the Supreme Court has not squarely ruled on the issue, there is a long line of First Amendment case law from the high court that supports the right to record the police. And federal appellate courts in the First (update: this First Circuit case , too), Third , Fifth , Seventh , Ninth , and Eleventh Circuits have directly upheld this right.
Ring Changed How Police Request Door Camera Footage: What
(9 days ago) Ring’s small reforms invite bigger questions: Why does a customer-focused technology company need to develop and maintain a feature for law enforcement in the first place? Why must Ring and other technology companies continue to offer police free features to facilitate surveillance and the transfer of information from users to the government?
California Activists Sue Marin County Sheriff for
(Just Now) The law requires agencies that use ALPR technology to implement policies to protect privacy and civil liberties, and specifically prohibits police from sharing ALPR data with entities outside of California. The sheriff also violates the California Values Act , also known as California’s “sanctuary” law. Enacted in 2018, the law limits the
Atlas of Surveillance Electronic Frontier Foundation
(4 days ago) Atlas of Surveillance. The Atlas of Surveillance is a searchable database and map that reveals which technologies, such as drones and automated license plate readers, are used by domestic law enforcement agencies across the United States. Through a combination of crowdsourcing and data journalism, we are creating the largest-ever repository of
COMPLIANCE GUIDE FOR LAW ENFORCEMENT
(Just Now) law enforcement entites, including Yahoo! customers, consumers, or civil litigants. Nothing in this guide is intended to create any enforceable rights against Yahoo!. Yahoo! will make reasonable efforts to advise law enforcement of significant changes in policies or procedures through updates to this guide.
FAQ on the CALEA Expansion by the FCC Electronic
(5 days ago) Law enforcement is now attempting to broaden CALEA by requiring communications service providers to design their networks to make it easy and fast for law enforcement to perform wiretaps, pen-register, and trap-and-trace surveillance on a large number of people. In other words, the FBI wants service providers and equipment manufacturers to
It’s Copyright Week 2020: Stand Up for Copyright Laws That
(4 days ago) While culture is shared, copyright law has increasingly been used to lock people out of participating in it. Although copyright law is often treated as the exclusive domain of major media and entertainment industries, it actually should be serving all of us. Because, of course, it affects all of us.
Philippines: Inching Toward Censorship Electronic
(5 days ago) — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system. To summarize, sending spam cannot be considered a crime; the Department of Justice cannot restrict access to or
Student Surveillance Vendor Proctorio Files SLAPP Lawsuit
(Just Now) Fortunately, British Columbia’s PPPA is a type of “anti-SLAPP” law. This is a type of law that’s being widely adopted throughout U.S. states and also exists in two Canadian provinces . In Canada, anti-SLAPP laws typically allow a defendant to bring an early challenge to the lawsuit against them on the basis that their speech is on a
EFF to Ninth Circuit: Don’t Block California’s
(Just Now) Partnering with the ACLU and numerous other public interest advocates, businesses and educators, EFF has filed an amicus brief urging the Ninth Circuit Court of Appeals to uphold a district court’s decision not to block enforcement of SB 822, a law that ensures that Californians have fair access to all internet content and services.. For those who haven’t been following this issue: after
David Greene Electronic Frontier Foundation
(4 days ago) David Greene, Senior Staff Attorney and Civil Liberties Director, has significant experience litigating First Amendment issues in state and federal trial and appellate courts and is one of the country's leading advocates for and commentators on freedom of expression in the arts.David was a founding member, with David Sobel and Shari Steele, of the Internet Free Expression Alliance, and
Washington State Has Sued a Patent Troll For Violating
(1 days ago) Following a widespread campaign of patent demand letters, more than 30 states passed some kind of law placing limits on bad-faith patent assertions. These laws face an uphill battle to be enforced. First of all, the Constitution places important limits on the government’s ability to penalize the act of seeking legal redress.
Police Can’t Demand You Reveal Your Phone Passcode and
(8 days ago) The Utah Supreme Court is the latest stop in EFF’s roving campaign to establish your Fifth Amendment right to refuse to provide your password to law enforcement.Yesterday, along with the ACLU, we filed an amicus brief in State v.Valdez, arguing that the constitutional privilege against self-incrimination prevents the police from forcing suspects to reveal the contents of their minds.
President Biden Revokes Unconstitutional Executive Order
(4 days ago) The Executive Order issued two days later sought to undermine a key law protecting internet users’ speech, 47 U.S.C. § 230 (“Section 230”) and punish online platforms, including by directing federal agencies to review and potentially stop advertising on social media and kickstarting a federal rulemaking to re-interpret Section 230.
Sifting Fact from Fiction with All Writs and Encryption
(6 days ago) A similar dynamic might play out if law enforcement obtained a warrant for an encrypted phone and sought to use the Act to compel a third party to decrypt it, though the third party might raise different arguments on the burden and legality of such an order. This brings us to the specter of compelled backdoors.
India’s Draconian Rules for Internet Platforms Threaten
(5 days ago) The Indian government’s new Intermediary Guidelines and Digital Media Ethics Code (“2021 Rules”) pose huge problems for free expression and Internet users’ privacy. They include dangerous requirements for platforms to identify the origins of messages and pre-screen content, which fundamentally breaks strong encryption for messaging tools.
Unconstitutional Florida Law Barring Platforms from
(4 days ago) The law gives preferential treatment to political candidates, preventing platforms at any point before an election from canceling their accounts. This gives candidates free rein to violate any platform’s rules with impunity, even when it causes abuse or harassment, or when the speech is unprotected by the First Amendment.
Victory! Californians Can Now Choose Their Broadband
(7 days ago) Today, Governor Newsom signed into law one of the largest state investments in public fiber in the history of the United States. No longer will the state of California simply defer to the whims of AT&T and cable for broadband access. Now, every community is being given their shot.
European Court’s Decision in Right To Be Forgotten Case is
(7 days ago) The incompatibility of broad de-referencing obligations with US law is especially relevant in the present case given that all major search providers are established in the US…" The CJEU agreed. It found “that numerous third States do not recognise the right to de-referencing or have a different approach to that right. . . .