Law, Tech and Policy

Broadband Consumer Privacy Proposal Fact Sheet (March 10, 2016) – FCC release (3 page pdf at the link)

It’s Your Data: Empowering Consumers to Protect Online Privacy (March 10, 2016) – FCC Chairman Tom Wheeler at the Huffington Post;

5 Things You Should Know About the FCC’s Proposed Privacy Rules (March 14, 2016) – ProPublica;

The Feds Are Prepping Strict Rules to Protect Your Online Privacy (March 14, 2016) – Wired

What ISPs Can See; Clarifying the Technical Landscape of the Broadband Privacy Debate (March 2016) – Upturn report

The Dragonslayer – a Year Ago, FCC Chairman Tom Wheeler Saved the Internet; in this Exclusive Interview, He Tells Us What’s Next – Nilay Patel at Verge

Obama Administration Set to Expand Sharing of Data That N.S.A. Intercepts (February 25, 2016) – New York Times; and Surprise! NSA Data Will Soon Routinely Be Used For Domestic Policing That Has Nothing To Do With Terrorism (March 10, 2016) – Radley Balko in the Washington Post; and FBI Quietly Changes its Privacy Rules for Accessing NSA Data on Americans (March 8, 2016) – Guardian

Why the OPM Hack Is Far Worse Than You Imagine (March 11, 2016) – Michael Adams at LawFare

It Took a FOIA Lawsuit to Uncover How the Obama Administration Killed FOIA Reform (March 9, 2016) – Vice; and More Transparent Than Thou (March 15, 2016) – Brett Max Kaufman of the ACLU at JustSecurity

Time to Rethink Mandatory Password Changes (March 2, 2016) – Lorrie Cranor (FTC Chief Technologist) at FTC blog; also Two-Factor Authentication (2FA) versus Two-Step Verification (2SV); What’s the Difference and Which is Better? (March 14, 2016) – David Bisson at

The Beginning of the End for Encryption Schemes? New Quantum Computer, Based on Five Atoms, Factors Numbers in a Scalable Way (March 3, 2016) – MIT

Academic Paper: Policing Hoover’s Ghost: The Privilege for Law Enforcement Techniques (download pdf at the link; 34 pages) (March 1, 2016) – professor Stephen W. Smith

Intel Whistle-Blowers Fear Government Won’t Protect Them (March 8, 2016) – Eli Lake at BloombergView

Taking Baby Steps Toward Software That Reasons Like Humans (March 6, 2016) – New York Times

Biometrics are Coming, Along with Serious Security Concerns (March 9, 2016) – Wired

Hunting What’s Next in High Tech (March 11, 2016) – Saku Panditharatne at a16z

General Interest

Mathematicians Discover Prime Conspiracy (March 13, 2016) – Quanta; and Mathematicians Are Geeking Out About a Bizarre Discovery in Prime Numbers (March 15, 2016) – Quartz

Can You Keep a Secret? Former C.I.A. Chief Michael Hayden on Torture and Transparency (March 7, 2016) – New Yorker


Quote of the Day

“[B]ecause the cost of saving all this data is so cheap, there’s no reason not to save as much as possible, and save it all forever. Figuring out what isn’t worth saving is hard. And because someday the companies might figure out how to turn the data into money, until recently there was absolutely no downside to saving everything. That changed this past year. What all these data breaches are teaching us is that data is a toxic asset and saving it is dangerous . . . . . We can be smarter than this. We need to regulate what corporations can do with our data at every stage: collection, storage, use, resale and disposal. We can make corporate executives personally liable so they know there’s a downside to taking chances. We can make the business models that involve massively surveilling people the less compelling ones, simply by making certain business practices illegal.”

— Bruce Schneier: Data is a Toxic Asset at his website Schneier on Security. Read the whole thing.



Law, Tech and Policy

Snooper’s Charter: Revised ‘Investigatory Powers Bill’ introduced by the British government: text of bill, codes of practice, and additional documents

Privacy Shield: Restoring Trust in Transatlantic Data Flows Through Strong Safeguards: European Commission Presents EU-U.S. Privacy Shield – European Commission press release with links to the various related documents; see also E.U. and U.S. Release Details on Trans-Atlantic Data Transfer Deal – New York Times

Fight Against Terrorism: Inside The Obama Administration’s Attempt To Bring Tech Companies Into The Fight Against ISIS – BuzzFeed

Encryption: A Worldwide Survey of Encryption Products – Berkman Center Research Publication (Bruce Schneier, Kathleen Seidel, and Saranya Vijayakumar) (pdf at this link; 24 pages)

CyberWarfare and Hacking:

These Are the Cyberweapons Used to Hack Sony – MotherBoard

U.S. Had Cyberattack Plan if Iran Nuclear Dispute Led to Conflict – New York Times

New Chinese Media Restrictions: Beijing is Banning all Foreign Media from Publishing Online in China – Quartz

Facebook Free Basics: Nothing Is Free, Not Even Facebook Free Basics – Om Malik; see also India Just Banned Facebook’s Controversial Free Internet Plan – BuzzFeed

FISA Amendments Act: Trends and Predictions in Foreign Intelligence Surveillance: The FISA Amendments Act and Beyond – David Kris at LawFare

NSA Reorganization: National Security Agency Plans Major Reorganization – Washington Post; related: Opinion: How NSA Reorganization Could Squander Remaining Trust – Jason Healey at CSM’s Passcode; and NSA Reorganizing – Bruce Schneier; and Good Defense is Good Offense: NSA Myths and the Merger – Susan Hennessey at LawFare

Internet Law: Surveying Ten Years Of Top Internet Law Developments – law professor Eric Goldman at his Technology & Marketing Law Blog

Future Computing and Emerging Technologies:

What’s Next in Computing? (February 21, 2016) – venture capitalist Chris Dixon

Ten Breakthrough Technologies: 2016 – MIT Technology Review

Copyright Reform: White Paper on Remixes, First Sale, and Statutory Damages (pdf; 117 pages) – Commerce Department’s internet policy task force; see also: Repairing Damages: The Commerce Department’s Copyright White Paper – CDT


Tech Policy for Startups – CDT’s suite of resources on tech policy for start-ups and entrepreneurs

Fixing the Inequity of Startup Equity – TripleByte

General Interest

Stop Paying Executives for Performance – Dan Cable and Freek Vermeulen in the Harvard Business Review

This Former Ad Agency CEO Says the Ad Industry Has Three Major Delusions Holding It Back – Business Insider

The Law of Banksy: Who Owns Street Art? (pdf; 36 pages) – Peter Salib in the University of Chicago Law Review (Vol. 83, No. 4, 2016)


Robots and the Law – New Academic Paper

Robots in American Law – Ryan Calo (University of Washington Law School) (pdf; 44 pages)

Related: Meet the Guy Running Our Robot Future – Observer interview with Ryan Calo

Robotics Conference: We Robot 2016, April 1 and 2, 2016, Coral Gables, Florida

Robot Law: book of collected law of robotics research ($, Edward Elgar Publishing)


Robot Walks Around, Carries Boxes and Takes a Hit in New Video (February 24, 2016) – New Scientist on new Boston Dynamics video of its Atlas robot

The Robots Are Coming for Wall Street (February 25, 2016) – New York Times

Is It Ok to Torture a Robot? (March 3, 2016) – Inverse


Pressure for Regulating Online Speech Related to Terrorism (updated 03.07.2016)

The Latest:

Government Enlists Tech Giants to Fight ISIS Messaging (February 25, 2016) – CNN

Did Congress Immunize Twitter Against Lawsuits for Supporting ISIS? (January 22, 2016) ; also (i) Tweeting Terrorists, Part I: Don’t Look Now But a Lot of Terrorist Groups are Using Twitter, (ii) Part II: Does it Violate the Law for Twitter to Let Terrorist Groups Have Accounts? and (iii) Part III: How Would Twitter Defend Itself Against a Material Support Prosecution? (February 14, 2016) – Zoe Bedell and Benjamin Wittes at LawFare

Can Twitter Materially Support ISIS While Actively Working to Defeat It? (February 19, 2016) – J.M. Berger at LawFare

Previously – Law Professors Propose Regulating Dangerous Speech:

Though apparently favored by law professors Eric Posner (University of Chicago) and Cass Sunstein (Harvard), a balancing test for first amendment review of laws targeting “dangerous speech” (that does not otherwise pose a clear and present danger) seems like both an overreaction and a misguided idea:

ISIS Gives Us No Choice but to Consider Limits on Speech – Law professor Eric Posner at Slate

Islamic State’s Challenge to Free Speech – Law professor Cass Sunstein at BloombergView


ISIS, Fear, and the Freedom of Speech – Geoffrey Stone

News Report:

ISIS Influence on Web Prompts Second Thoughts on First Amendment – New York Times

See also:

Senator Feinstein’s “Requiring Reporting of Online Terrorist Activity Act” (pdf; 3 pages)

White House Seeks to Enlist Silicon Valley to ‘Disrupt Radicalization’ – Guardian

Lawmakers Want Social Media Companies to Report Terrorists – Washington Post

The White House Asked Social Media Companies to Look for Terrorists. Here’s Why They’d #Fail – Jenna McLaughlin at The Intercept

How a ‘Digital Surge’ Can Help Beat Islamic State – Jared Cohen (founder and director of Google Ideas and advisor to the executive chairman of Alphabet Inc.) op-ed in the Los Angeles Times

Google’s Chairman Wants Algorithms to Censor the Internet for Hate Speech – Quartz, reacting to Eric Schmidt’s New York Times op-ed: Eric Schmidt on How to Build a Better Web

Terrorists Mock Bids to End Use of Social Media – New York Times

And in Europe:

Criminalize Websites that Refuse to Delete Terrorist Content, say MEPs – CIO


Some Recent Academic Papers and Reports of Interest

Encryption and Evolving Technology: Implications for U.S. Law Enforcement Investigations (pdf; 12 pages) – Kristin Finklea of the Congressional Research Service

“Don’t Panic – Making Progress on the ‘Going Dark’ Debate” – Berkman Center Report (overview here; the Report pdf here (37 pages, including notes and appendices))

T-Mobile’s Binge On Violates Key Net Neutrality Principles – Barbara van Schewick (Stanford Law School; Stanford CIS)

Consenting to Computer Use – James Grimmelmann (University of Maryland Law School)

Information Fiduciaries and the First Amendment – Jack Balkin (Yale Law School)

Who Should Define Injuries for Article III Standing? – Daniel Townsend

See also:

Daedalus’ Winter 2016 issue on “The Internet” – edited by Yochai Benkler and David Clark ($, also available for kindle at Amazon)



Law, Tech and Policy

Cybersecurity: How Does the Cybersecurity Act of 2015 change the Internet Surveillance Laws? – Orin Kerr in the Washington Post


The Trouble with the TPP – Canadian law professor, Michael Geist, is blogging every weekday until February 4th on what he believes are the significant problems with the Trans Pacific Partnership (TPP). The link is to his first daily post in the series

Human Rights Watch’s TPP Q&A

Trans-Pacific Partnership is a Wonderful Idea . . . for China – Dan Breznitz (University of Toronto) in the Globe and Mail

See also: my earlier posts on the TPP – here and here

EU vs. US on Data + Privacy:

The Transatlantic Data War – Europe Fights Back Against the NSA – Henry Farrell and Abraham Newman in Foreign Affairs

Time to Get Serious About Europe’s Sabotage of US Terror Intelligence Programs – Stewart Baker at his “Skating on Stilts” book-related website; “Skating on Stilts” has been released as a free creative commons book available here

More on Privacy: Lawrence Lessig: Technology Will Create New Models for Privacy Regulation – Wall Street Journal, and A Few Keystrokes Could Solve the Crime. Would You Press Enter? – Jonathan Zittrain at JustSecurity

Internet Access: How Facebook Stumbled On Its Quest to Give Internet Away For Free – BuzzFeed; See Also: Tech’s ‘Frightful 5’ Will Dominate Digital Life for Foreseeable Future – New York Times

Whistleblower Protections: Protect Intelligence Whistleblowers – Mieke Eoyang in Democracy Journal, and PEN America’s report Secret Sources: Whistleblowers, National Security and Free Expression (pdf; 40 pages)

Freedom of Information Act Reform: Here’s How the Senate Should Fix the FOIA Reform Bill – EFF

Cybercrime: Judges Struggle with Cyber Crime Punishment – The Hill


How Tor Works: Part One; Part Two – Jordan Wright

How Tor’s Privacy was (Momentarily) Broken, and the Questions it Raises – The Conversation

Shari Steele on Online Anonymity: Tor Staff are ‘Freedom Fighters’ – Guardian

IoT: DMCA and the Internet of Things and The Internet of Things that Talk About You Behind Your Back – Bruce Schneier at his Schneier on Security. See also: The problem with self-driving cars: who controls the code? – Cory Doctorow in The Guardian

Robots: Robots in War: the Next Weapons of Mass Destruction? – UCBerkeley professor, Stuart Russell; Related: What If: Robots Go to War? Davos World Economic Forum (video; substance begins at 3:40)

The Mobile Internet: 16 Mobile Theses – Benedict Evans

IP and Startups: Oculus Faces Messy Ownership Claims Over Its Head Mounted Display: Total Recall v. Luckey – Technology & Marketing Law Blog

Tech and Age Discrimination: Is Ageism in Tech an Under-the-Radar Diversity Issue? – FastCompany, and Here’s How to Start Closing Silicon Valley’s Age Gap – Steven Levy

General Interest

The Millions’ Great 2016 Book Preview and The Morning News 2016 Tournament of Books

What Sean Penn Teaches Us About How Not to Chat with a Fugitive – The Intercept; See also: How DEA Agents Took Down Mexico’s Most Vicious Drug Cartel – The Atlantic, and Censor or Die: The Death of Mexican News in the Age of Drug Cartels – Washington Post


FTC’s Native Advertising Guidance and Enforcement Policy

FTC Press Release – December 22, 2015

FTC Enforcement Policy Statement on Native Advertising: pdf (16 pages)

FTC Guide for Business: Native Advertising

News Reports:

FTC Issues New Rules for Native Advertising on the Internet – Re/Code

The FTC has Finally Given Some Specific Guidance on What Native Ads are Meant to Look Like – BusinessInsider

Trade Group Takes Issue With FTC’s Native Advertising Guidelines; IAB Says Some Guidelines are ‘Overly Prescriptive’ – Wall Street Journal


StudyGoing Native: Effects of Disclosure Position and Language on the Recognition and Evaluation of Online Native Advertising – Bartosz W. Wojdynskia & Nathaniel J. Evans (Grady College – University of Georgia), published in the Journal of Advertising. Study News Coverage: Consumers Can’t Tell Native Ads From Editorial Content

Academic PaperNative Advertising and Endorsement: Schema, Source-Based Misleadingness, and Omission of Material Facts (pdf; 23 pages) – Chris Jay Hoofnagle (School of Information, University of California, Berkeley, and School of Law, Berkeley Center for Law & Technology) and Eduard Meleshinsky (Bryan Schwartz Law)


Quote of the Day

“There is no argument whatsoever that the proliferation of devices and information are empowering. It is categorically true, not to mention obvious, that technology is today far more democratically available than it was yesterday and less than it will be tomorrow . . . . This is perhaps our last fundamental tradeoff before the Singularity occurs: Do we, as a society, want the comfort and convenience of increasingly technologic, invisible digital integration enough to pay for those benefits with the liberties that must be given up to be protected from the downsides of that integration?

Ray Kurzweil is beyond all doubt correct; within the career lifetime of nearly everyone in this room, algorithms will be smarter than we are, and they will therefore be called upon to do what we cannot — to protect us from other algorithms, and to ask no permission in so doing. Do we, like Ulysses, lash ourselves to the mast or do we, as the some would say, relax and enjoy the inevitable? What would we have science do? What are the possible futures you will tolerate? What horses do you want not let out of the barn?”

Dan Geer, ISSA Chicago

See also: The Risks — and Benefits — of Letting Algorithms Judge Us – Bruce Schneier op-ed at CNN


China’s New Anti-Terrorism Law and Encryption

Looking Backward: 2015; Looking Forward: 2016

Professor Eric Goldman’s Top 10 Internet Law Developments of 2015. In addition to his piece in Forbes, Professor Goldman also has a series of useful blog posts up at his Technology & Marketing Law Blog on 2nd half 2015 legal developments in a variety of internet/IP categories.

The State of the Law: 2016 – pdf of the slides from EFF’s Nate Cardozo’s Real World Cryptography Conference 2016 presentation.

AccessNow’s Five Predictions for Digital Rights in 2016

Peter Rojas’ Eight Questions About Virtual Reality in 2016 (and Beyond)

Georgia Tech Institute for Information Security and Privacy’s Emerging Cyber Threats Report 2016 (pdf; 17 pages)



Law, Tech and Policy

CISA update: Lawmakers Have Snuck CISA Into a Bill That Is Guaranteed to Become a Law – MotherBoard. See also: OmniCISA Pits DHS Against the FCC and FTC on User Privacy – Jennifer Granick at JustSecurity. And previously: Cyberlaw Professors Oppose CISA

Do Not Track: FCC Says It Will Not Require Websites to Honor ‘Do Not Track’ – Covington’s InsidePrivacy. Reaction: The FCC’s DNT Decision: The Right Call, For Now – EFF. See also: How ‘Do Not Track’ Ended Up Going Nowhere – Re/Code; Understanding ‘Do Not Track’: Truth and Consequences – Jason Kint at Re/Code; and Court Says Tracking Web Histories Can Violate Wiretap Act – Wired

CFAA: Court (2nd Circuit): Breaking Your Employer’s Computer Policy Isn’t a Crime – EFF; See also The CFAA Meets the ‘Cannibal Cop’ in the Second Circuit and Maybe Beyond – Orin Kerr at the Washington Post

European Developments: European Court of Human Rights says Blanket Surveillance is a Violation – ArsTechnica, and Did the European Court of Human Rights Just Outlaw ‘Massive Monitoring of Communications’ in Europe? – CDT. Also: European Parliament Rejects Amendments Protecting Net Neutrality – Verge, and The European Parliament Just Dealt a Major Blow to Net Neutrality – Business Insider

National Security Letters: See for Yourself for the First Time What User Data the FBI Demanded in a National Security Letter – Reason; and Scope of National Security Inquiry is Revealed – New York Times


The Growing Problems with the Sectoral Approach to Privacy Law – Daniel Solve at the Privacy+Security Blog

Key 2015 Privacy Papers Selected as ‘Must Reads’ for Policymakers – TAP

Predictive Policing: Microsoft is Building an App that can Predict Criminal Behavior – Business Insider. See also: The Constitution Can’t Defend You From Predictive Policing and Here’s Why – .Mic

Consumer Reviews: Senate Commerce Committee Approves Consumer Review Freedom Act – Technology & Marketing Law Blog. The Act was subsequently approved by the Senate.


Your Unhashable Fingerprints Secure Nothing – Hackaday

Let’s Encrypt has begun issuing free HTTPS certificates in its public beta

General Interest

Her Code Got Humans on the Moon and Invented Software Itself – Wired profile of Margaret Hamilton

26 Charts and Maps that Show the World is Getting Much, Much Better – Vox

Write Like You Talk – Paul Graham

The Interactive, Annotated Edition of ‘Bartleby, the Scrivener’ You Always Wanted – Slate

The Entire Season: An Elegy for Charlie Trotter – Matthew Gavin Frank writing at Electric Literature

  “At least twice in human history, individual people decided to avoid global nuclear war: [one], [two]” – Jeffrey Paul (@sneakdotberlin): October 26, 2015. See also: Newly Declassified Documents Reveal How America Missed a Major Nuclear War Scare – The Week


EU Deal on New Data Protection Rules

Press Release from the European Commission

EU Directive (pdf – 106 pages – of the “Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data”)

EU Regulation (pdf – 209 pages – of the consolidated text of the draft General Data Protection Regulation to replace 1995 Directive)

News Reports:

EU Strikes Deal on Data Protection Rules; Agreement is the Biggest Overhaul of European Privacy Laws in Two Decades – Politico

Europe Approves Tough New Data Protection Rules – New York Times

EU Officials Reach Agreement on Text of New Privacy Law; Deal on EU Privacy Law Caps Four Years of Haggling, Lobbying – Wall Street Journal


Ten Implications of the New EU General Data Protection Regulation – Daniel Solove at his TeachPrivacy

People Aren’t Happy with Europe’s Tough New Rules for Data Protection – Business Insider

New EU Privacy Rule Could Cost U.S. Firms Billions – USA Today


Quote of the Day – on Online Commercial Surveillance:

From the ever interesting Maciej Ceglowski at his Idle Words:

“The proximate reasons for the culture of total surveillance are clear. Storage is cheap enough that we can keep everything. Computers are fast enough to examine this information, both in real time and retrospectively. Our daily activities are mediated with software that can easily be configured to record and report everything it sees upstream. But to fix surveillance, we have to address the underlying reasons that it exists. These are no mystery either. State surveillance is driven by fear. And corporate surveillance is driven by money.”

Read the whole thing, including details of his six, sensible, suggested fixes: (1) the right of users of an online site or service to download data (in usable format) that was provided to or collected by the online site or service; (2) the right at any time to delete one’s account (and all associated personal information) from an online service; (3) a ban on selling or sharing behavioral data, as well as relatively short limits on its storage (e.g., 90 days); (4) physical turn-internet-connectivity-off switches for IoT connected devices (which should be required to remain functioning in the off state); (5) a ban on third-party ad tracking (with sites only able to target ads based on page content itself and information the site has about the visitor), and (6) legally enforceable privacy promises with significant penalties that act as meaningful deterrents.

Also: Watch his presentation on “The Website Obesity Crisis” at Vimeo (53 minutes)

FAA Requires (Non-Commercial) Drone Registration

FAA Press Release

FAA Interim Final Rule (pdf; 211 pages)


New York Times short summary

Mandatory Drone Registration Begins – practical aspects from IEEE Spectrum

Legality: From earlier this year, Is a Drone Registration Mandate Illegal? – Competitive Enterprise Institute. See also, Critics Threaten Lawsuit Over Drone Registration Rules – The Hill

Related – On Drones:

CDT Proposes Privacy Best Practices for Drones – CDT (Center for Democracy & Technology). The pdf (12 pages) of CDT’s “Model Privacy Best Practices for Unmanned Aircraft” is available here

WireCutter’s The Best Drones; scroll towards the bottom for the useful How to Fly Safely (and Know Your Rights)

A Field Guide to Civilian Drones – New York Times

FAA Approved Commercial Drone Exemptions – Verge

Amazon Proposes Drone Highway As It Readies For Flying Package Delivery – Forbes

Academic Paper: Self-Defense Against Robots and Drones (pdf; 80 pages) – A. Michael Froomkin & Zak Colangelo; see also If I Fly a UAV Over My Neighbor’s House, Is It Trespassing? – The Atlantic

Drone Wars: The Drone Papers series – The Intercept


EU Court of Justice Safe Harbor Ruling (link round-up)

The Judgment of the Court of Justice of the European Union (October 6, 2015)

Press Release of the Court of Justice of the European Union

Interview (Wall Street Journal) with the new President of the European Court of Justice

News Reports:

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid – New York Times

This Privacy Activist Has Just won an Enormous Victory Against U.S. surveillance – Here’s How – Washington Post

Layperson Explainer:

US and EU in Data Privacy Clash: What You Need to Know – CNBC

Subsequent Developments – What Now?

Privacy Watchdogs Give EU, US Three Months to Negotiate New Safe Harbor Deal If There’s No New Deal by the End of January, National Data Protection Authorities Threaten Coordinated Legal Action Against Offending Companies – PCWorld

Europe’s Top Digital-Privacy Watchdog Zeros In on U.S. Tech Giants – New York Times

U.S. Tech Firms Look To Data Centers on European Soil – Wall Street Journal

Plaintiff Max Schrems:

Tech Companies Like Facebook Not Above the Law, Says Max Schrems; Austrian Student Who Took on Facebook over Data Privacy in the European Court of Justice and Won Says the Fightback is Just Beginning – The Guardian

First Thoughts on Decision C-362/14 – Max Schrems at Europe v. Facebook; Also see more Max Schrems reaction and background (pdf)

Big Tech Reaction:

The Collapse of the US-EU Safe Harbor: Solving the New Privacy Rubik’s Cube – Microsoft President and Chief Legal Officer, Brad Smith

Eric Schmidt Thinks a Ruling by Europe’s Top Court Threatens ‘One of the Greatest Achievements of Humanity’ – Business Insider

Other Reaction and Analysis:

Here’s How the Facebook Case has Just Transformed the Surveillance Debate – Washington Post

No Safe Harbor: How NSA Spying Undermined U.S. Tech and Europeans’ Privacy – EFF

Behind the European Privacy Ruling That’s Confounding Silicon Valley – New York Times

Fallout From EU-US Safe Harbor Ruling will be Dramatic and Far-Reaching; Clever Ruling by the Court of Justice will be Almost Impossible to Circumvent – ArsTechnica

Schrems v. Data Protection Commissioner – Some Inconvenient Truths The European Court of Justice Ignores and Surveillance Reform Is Only Hope for Reviving Safe Harbor – both by Timothy Edgar at LawFare

Adding Some Nuance on the European Court’s Safe Harbor Decision – Megan Graham at LawFare

Europe’s Top Court Goes Off the Rails – Richard Epstein at Politico

The Party’s Over: EU Data Protection Law after the Schrems Safe Harbour Judgment – EULaw.Analysis

My FT Oped on the Safe Harbor Fallout – Evgeny Morozov

Europe Has to Rebuild Its Safe Harbor – BloombergView Editorial Board

Enacting ECPA Reforms Will Help Resolve the US-EU Safe Harbor Negotiations – The Hill


Ad Tracking/Blocking War (link round-up)

The Problems:

20 Home Pages, 500 Trackers Loaded: Media Succumbs to Monitoring Frenzy – Frédéric Filloux at Monday Note

The Verge’s Web Sucks –

The Cost of Mobile Ads on 50 News Websites – New York Times; See also the Times’ Putting Mobile Ad Blockers to the Test

How Much of Your Audience is Fake? – Marketers Thought the Web Would Allow Perfectly Targeted Ads But it Hasn’t Worked Out That Way – BloombergBusiness

Facebook Ads Are All-Knowing, Unblockable, and in Everyone’s Phone – BloombergBusiness

Analysis and Opinion:

Why It’s OK to Block Ads – James Williams at the University of Oxford’s Practical Ethics blog

Why Publishers Don’t Care (Yet) that the Mobile Web is so Awful – Peter Rojas

Popping the Publishing Bubble – Ben Thompson at Stratechery

Welcome to Hell: Apple vs. Google vs. Facebook and the Slow Death of the Web – Nily Patel at The Verge

Ad Blocking: The Unnecessary Internet Apocalypse – The Ad Industry Needs to Disrupt the Disruptors – Randall Rothenberg, CEO of the Interactive Advertising Bureau, at Advertising Age; But, see IAB’s subsequent mea culpa Getting LEAN with Digital Ad UX

How We Pass the Buck – Ads, Blocking, and How We Make Sure It’s Never Actually Our Fault – Anil Dash

Ad Blocking and the Future of the Web – Jeffrey Zeldman

Ad Blocking – Seth Godin

Advertising is Unwanted – Dave Winer

Facebook, Others Confuse Consumers for Profit – Nate Cardozo of EFF at San Jose Mercury News Opinion

News You Can Use:

A List of Content Blockers for iOS 9 – The Loop

A Study About Content Blockers for iOS 9 – Carlos Oliveira at Oli.78

Related – The Content Wars: Alternative Distribution and Platforms:

AMP and Incentives – Tim Kadlec at his

Notes from the Platform’s Edge – Platforms for Everyone, Publications For No One – The Awl

Open Standards Without All That Nasty Interop – Dave Winer

Related – General:

Re/code’s Sale and Life After Advertising – Katie Benner at BloombergView

Websites Can Now Identify You By the Way You Type – A New Kind of Surveillance that Gets Very Little Attention – AlterNet