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Archive for the ‘First Amendment’ Category

The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.


Posted On Aug - 4 - 2016 Add Comments READ FULL POST

Congresswoman Speier’s Revenge Pornography Bill: Crossing the First Amendment Line?

On July 14, 2016, Congresswoman Speier proposed the Intimate Privacy Protection Act, a bill designed to make revenge pornography a federal crime punishable with up to five years in prison. Although the current version is narrower in scope than previous iterations, there are still some concerns that this bill violates the First Amendment’s right to free speech.


Posted On Jul - 25 - 2016 Add Comments READ FULL POST

The American Civil Liberties Union (“ACLU”) announced in June that it is challenging the constitutionality of certain provisions of the Computer Fraud and Abuse Act of 1986 (“CFAA”), 18 U.S.C. § 1030 (2008). In a suit against the Department of Justice, the ACLU argues that the decades-old anti-hacking law violates the First Amendment by preventing researchers from investigating whether computer programs are being used to discriminate against people by race, age, or gender.


Posted On Jul - 13 - 2016 Add Comments READ FULL POST

Amicus Brief by EFF and ACLU Urging Illinois State Sex Offender Laws Declared Unconstitutional under First Amendment

By Yaping Zhang – Edited by Mila Owen

With the Illinois Supreme Court gearing up to determine the constitutionality of the state’s sex offender registration statute, two advocacy non-profits have filed amicus briefs in support of striking the law down.


Posted On Apr - 19 - 2016 Comments Off READ FULL POST

Justice Department Indicates Some Retweets may be Endorsements

By Kevin Crenny – Edited by Mila Owen

The Justice Department has argued for the continued pre-trial detention of a woman charged with making threatening statements in support of ISIS, partially on the basis of her retweeting FBI employees’ personal information under the heading “Wanted to kill.” The filing drew attention for its apparent conflict with the oft-tweeted assertion that “retweets are not endorsements.” The context of the defendant’s other posts, however, make it difficult to read her retweets any other way.


Posted On Apr - 18 - 2016 Comments Off READ FULL POST
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