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A Landmark Standards Human Rights Judgment

On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more

A Brief Primer on Anti-Satellite Warfare Tactics

Satellites make it possible for governments to provide essential services, such as national defense, navigation, and weather forecasting. Private ventures use satellites to offer highly desired services that include video program distribution, telecommunications, and Internet access. The Russian launch of a satellite, with nuclear power and the likely ability to disable satellites, underscores how satellites are quite vulnerable to both natural and manmade ruin. more

Lies, Damn Lies, and Selective Statistics About Our Great Wireless Marketplace Thanks to the T-Mobile

In the February 13th edition of the Wall Street Journal, Professor Thomas W. Hazlett offers a breathless endorsement of market concentration with the T-Mobile acquisition of Sprint, his go-to example. Apparently, mergers and acquisitions benefit consumers because they enhance competition and generate all sorts of positive outcomes that could not possibly have occurred but for the reduction in the number of industry players. more

UK Online Safety Act Becomes Law Amid Controversy

The UK's Online Safety Bill has received Royal Assent and is now officially the Online Safety Act. This law mandates tech companies to incorporate new standards for the design, operation, and moderation of their platforms. more

The New Privacy Law in California

The State of California often leads the country in addressing regulatory issues. This makes sense since the State has a population of nearly 40 million and an economy that would be the fifth largest in the world if California were a separate country. A new law was enacted on the last day of the California Legislature that was signed by Governor Gavin Newson this month. more

Online Safety Bill: UK’s Digital Overhaul

The UK Parliament has given the green light to the controversial Online Safety Bill, putting Ofcom, the communications watchdog, in charge of internet regulation. This step brings the legislation closer to becoming law. more

The Hague to Probe Cyberwarfare Under Existing International Law

In a recent article published by WIRED Magazine, a significant shift in international law regarding cyberwarfare has been brought to light. The International Criminal Court (ICC) at the Hague has signaled its intention to investigate and prosecute hacking crimes that breach existing international law without the need for new regulations. more

Shaky Consensus at the OEWG on ICTs: Where Next for UN Discussions on State Behaviour in Cyberspace?

On 24-28 July, states convened in New York for the fifth session of the UN First Committee's Open ended Working Group on ICTs (OEWG), which aims to establish a common understanding of - and further develop the framework for - responsible state behaviour in cyberspace. This session marked a critical juncture in the process, with states negotiating the OEWG's annual progress report... more

EU Standards Must Be Freely Available

In 2019, two organisations - Public.Resource.org of Sebastopol, California, and the Right to Know GLC of Dublin - brought suit against the European Commission for violating the fundamental rights of citizens to access the standards they are required by law to know, and attempting to protect intellectual property by copyright which lacked originality because it was, inter alia, provided by public governmental and industry sources. more

AI, Human Rights and the Rise of the Global South

As the current global geopolitical space becomes less friendly to Human Rights1, are there potential offsetting trends supporting them? Yes, but... it will require initiatives from the Global South for AI data-driven policies supportive of the UN's Sustainable Development Goals (SDGs), demonstrating the value of SDGs and Human Rights combined. more

EU Lawmakers Call for Further Talks to Strengthen Proposed US Data Transfer Pact

EU lawmakers are pushing for additional negotiations to strengthen a proposed data transfer agreement between the European Union (EU) and the United States. They argue that the current agreement still has shortcomings that must be addressed. The potential delay in reaching an accord is concerning for the thousands of companies that rely on the agreement. more

Can Large Language Models Use the Contents of Your Website?

Large Language Models (LLM) like GPT -- 4 and its front-end ChatGPT work by ingesting gigantic amounts of text from the Internet to train the model and then responding to prompts with text generated from those models. Depending on who you ask, this is either one step (or maybe no steps) from Artificial General Intelligence, or as Ted Chiang wrote in the New Yorker, ChatGPT Is a Blurry JPEG of the Web. more

Spam Filtering and Social Media Moderation Are the Same Thing

CDA Section 230 has been called "The 26 Words that Created the Internet". While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail. A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the University of Pennsylvania, forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr. Thomas, the university, and many others. more

Supreme Court Declines to Hear Wikimedia Foundation’s Challenge to NSA Surveillance

The U.S. Supreme Court on Tuesday declined to hear the Wikimedia Foundation's appeal of a lower court's decision to dismiss their lawsuit against the National Security Agency (NSA).  more

European Union Wants to Fix the GDPR

The General Data Protection Regulation (GDPR) was adopted in 2016 and has since become the global standard for privacy regulation. The GDPR has been a watershed moment in tech regulation, requiring companies to ask for consent to collect data online and threatening hefty fines if they don't comply. more