New White Paper Proposes Adopting Sustainability Practices as a Solution to the Cybersecurity Crisis

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Constant cyber hacks and distributed denial-of-service (DDoS) attacks have unfortunately become the new normal in today’s internet-connected society. We’re not even a third of the way through 2018, and already dozens of data breaches and attacks have occurred, including hackers recently stealing information associated with nearly 900,000 credit cards used by Orbitz customers and more than 5 million credit and debit cards used at Saks Fifth Avenue, Saks Off Fifth, and Lord & Taylor stores. This unrelenting onslaught has significantly eroded consumer trust in the broad ecosystem of information and communications technologies (ICTs). The growing distrust risks a calamity of public confidence that could undermine both our economy and democracy, creating a ticking time bomb.

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Will Europe Force the U.S. to Move Faster on Privacy Reform?

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On April 12th, the Irish High Court elevated a series of questions to the European Court of Justice (ECJ, the Supreme Court of the European Union) regarding the validity of key legal instruments used by American tech companies to process Europeans’ personal data. Judge Caroline Costello of the Irish High Court is concerned about the national surveillance practices of the United States and the level of privacy rights observed there.

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House Commerce Takes on Paid Prioritization, an Essential Tenet to the Open Internet

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On April 17, the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on paid prioritization -- an issue that is central to the net neutrality debate. While most internet service providers (ISPs) have claimed that they have no plans to block or degrade traffic once the Federal Communications Commission's 2017 net neutrality repeal Order goes into effect (exactly when that will be remains TBD), commitments (or lack thereof) not to engage in paid prioritization have remained a moving target. These commitments are shifting with the political winds, and ISPs are including plenty of wiggle room to allow them to argue they haven’t misled consumers if they eventually choose to offer prioritization deals.

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A Payday Built on Bad Policy

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Sound recordings made prior to 1972 don’t enjoy federal copyright protection. There’s a thorny legal and legislative history behind this, but the end result is that these recordings are only protected under state law. Federal copyright has evolved, with new rights, limitations, and user protections applied to copyrighted works -- but not to pre-’72 recordings. And as the internet became ubiquitous, consumption of these works began to cross state lines, further muddying the waters.

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Is the GDPR Right for the United States?

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Europe’s new privacy law, the General Data Protection Regulation (GDPR) will enter into force in May 2018. Understandably, given that data breaches and privacy violations have been in the headlines lately -- and given that the GDPR will reshuffle privacy protection in Europe and beyond -- many in the United States are looking to the GDPR for ideas of what to do - and what not to do. We think that it would be impractical and ineffective to copy and paste the GDPR to U.S. law -- the institutions and legal systems are just too different.

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