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Aegis

The Discourse of Control and Consent Over Data in EU Data Protection Law and Beyond

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. Yet the entrenched long-term focus on users’ control and consent fails to protect consumers who face increasingly intrusive data collection practices.

Aegis

Verified Accountability: Self-Regulation of Content Moderation as an Answer to the Special Problems of Speech Regulation

The “techlash” of the past few years represents a moment of quasi-constitutional upheaval for the internet. The way a few private companies have been “governing” large parts of the digital world has suffered a crisis of legitimacy. Calls to find mechanisms to limit the arbitrary exercise of power online have gained new urgency. This task of “digital constitutionalism” is one of the great projects of the coming decades. It is especially pressing in the context of content moderation – platforms’ practice of designing and enforcing rules for what they allow to be posted on their services.

Aegis

Who Do You Sue? State and Platform Hybrid Power Over Online Speech

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms.

Podcasts

The Lawfare Podcast: Greg Miller on 'The Apprentice: Trump, Russia and the Subversion of American Democracy'

Last week, Jack Goldsmith got on the phone with Pulitzer Prize-winning Washington Post journalist Greg Miller to discuss Miller’s new book, “The Apprentice: Trump, Russia and the Subversion of American Democracy.” Miller’s book chronicles Russia’s efforts to interfere in the 2016 U.S. presidential election and the interactions among members of the Trump campaign, transition, and administration, and officials and representatives of the Russian government.

Aegis Paper Series

The Important, Justifiable and Constrained Role Of Nationality In Foreign Intelligence Surveillance

This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. This issue is of general importance and has become particularly important in the current legal debates about whether the U.S.

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