Issues:Â Privacy
Access to customer information from Internet infrastructure providers should follow due process of law.
In some instances, law enforcement agencies have a legitimate need to access personal online data—but government access to data must be preceded by due process procedures set out in the 4th Amendment in regards to search and seizure.
United States law is clear on the privacy of phone calls and other non-digital communications: government officials and agencies need a search warrant based on probable cause to gain access. However, such protections don’t extend to email.
A warrant is needed for messages located on the computer of a sender or receiver, but messages older than 180 days can be obtained from the servers of Internet infrastructure providers and other third parties with only a subpoena or court order. A court order can be based on a standard lower than probable cause, and many agencies can issue themselves a subpoena without an outside judge.
Recent Updates On Privacy
Impending Changes to India’s Internet Intermediary Rules Raise Concern for Indian Technology Innovation, Free Speech and Global Competitiveness
Impending Changes to India’s Internet Intermediary Rules Raise Concern for Indian Technology Innovation, Free Speech and Global Competitiveness India is at the cusp of amending its intermediary liability regime that will expand the due diligence measures required to avail safe harbor to include proactive monitoring, mandatory local incorporation, enabling the traceability of originators (which would […]
Why the EPDP is Essential for a Long-Term Solution for WHOIS
Experts are working on the most appropriate updates to domain name registration information through ICANN’s Expedited Policy Development Process (EPDP). Finding a balance between authority access and user privacy is difficult, and policymakers and the general public need patience as the EPDP works to get it right. Major European legislation, the General Data Protection Regulation, […]
i2Coalition Supports Proposed NIST Privacy Framework
The Internet Infrastructure Coalition (“i2Coalition”) submitted comments in response to the request for public comment on “NIST Privacy Framework: A Tool For Improving Privacy Through Enterprise Risk Management”. The i2Coalition supports copyright policies that preserve the remarkable opportunities offered by a free and open Internet, while balancing the rights of rights holders of all types. […]
i2Coalition and eco Provide 7 Lessons in Data Regulation for US Legislators Based on the GDPR Rollout
Good intentions aside, the GPDR introduced 150-plus pages of complex regulations that included little practical guidance on how to implement them. The Internet Infrastructure Coalition (i2Coalition) and eco: Association of the Internet Industry have witnessed shortcomings in how the GDPR has impacted many businesses in the industry in the quest to protect data privacy. Based […]
Server Side: David Snead on i2Coalition/eco Transatlantic Dialogues Privacy Roundtables
i2Coalition co-founder and cPanel general counsel David Snead talks about the upcoming roundtables on privacy shield and transatlantic data flows, and other industry initiatives.
Transatlantic Dialogues Privacy Roundtable Reading List
Transatlantic Dialogues is an important three-part discussion series on the future of personal data protection on both sides of the Atlantic. The first roundtable will happen this week in Brussels (7 February, 2019), then we’ll be off to Berlin (12 February, 2019), and end the series in Washington D.C. (date TBD). Transatlantic Dialogues, organized by […]