Windows 11、Canary/Devチャネルの「ペイント」にレイヤーと透明色のサポートが追加 2023年09月21日
A federal court on Thursday blocked Montana’s effort to ban TikTok from the state, ruling that the law violated users’ First Amendment rights to speak and to access information online, and the company’s First Amendment rights to select and curate users’ content.
Montana passed a law in May that prohibited TikTok from operating anywhere within the state and imposed $10,000 penalties on TikTok or any mobile application store that allowed users to access TikTok. The law was scheduled to take effect in January. EFF opposed enactment of this law, along with ACLU, CDT, and others.
In issuing a preliminary injunction, the district court rejected the state’s claim that it had a legitimate interest in banning the popular video sharing application because TikTok is owned by a Chinese company. And although Montana has an interest in protecting minors from harmful content and protecting consumers’ privacy, the law’s total ban was not narrowly tailored to address the state’s concerns.
“SB 419 bans TikTok outright and, in doing so, it limits constitutionally protected First Amendment speech,” the court wrote.
EFF and the ACLU filed a friend-of-the-court brief in support of the challenge, brought by TikTok and a group of the app’s users who live in Montana. The brief argued that Montana’s ban was as unprecedented as it was unconstitutional, and we are pleased that the district court blocked the law from going into effect.
The district court agreed that Montana’s statute violated the First Amendment. Although the court declined to decide whether the law was subject to heightened review under the Constitution (known as strict scrutiny), it ruled that Montana’s banning of TikTok failed to satisfy even less-searching review known as intermediate scrutiny.
“Ultimately, if Montana’s interest in consumer protection and protecting minors is to be carried out through legislation, the method sought to achieve those ends here was not narrowly tailored,” the court wrote.
The court’s decision this week joins a growing list of cases in which judges have halted state laws that unconstitutionally burden internet users’ First Amendment rights in the name of consumer privacy or child protection.
As EFF has said repeatedly, state lawmakers are right to be concerned about online services collecting massive volumes of their residents’ private data. But lawmakers should address those concerns directly by enacting comprehensive consumer data privacy laws, rather than seeking to ban those services entirely or prevent children from accessing them. Consumer data privacy laws both directly address lawmakers’ concerns and do not raise the First Amendment issues that lead to courts invalidating laws like Montana’s.
A new draft of the controversial United Nations Cybercrime Treaty has only heightened concerns that the treaty will criminalize expression and dissent, create extensive surveillance powers, and facilitate cross-border repression.
The proposed treaty, originally aimed at combating cybercrime, has morphed into an expansive surveillance treaty, raising the risk of overreach in both national and international investigations. The new draft retains a controversial provision allowing states to compel engineers or employees to undermine security measures, posing a threat to encryption.
This new draft not only disregards but also deepens our concerns, empowering nations to cast a wider net by accessing data stored by companies abroad, potentially in violation of other nations’ privacy laws. It perilously broadens its scope beyond the cybercrimes specifically defined in the Convention, encompassing a long list of non-cybercrimes. This draft retains the concerning issue of expanding the scope of evidence collection and sharing across borders for any serious crime, including those crimes that blatantly violate human rights law. Furthermore, this new version overreaches in investigating and prosecuting crimes beyond those detailed in the treaty; until now such power was limited to only the crimes defined in article 6-16 of the convention.
We are deeply troubled by the blatant disregard of our input, which moves the text further away from consensus. This isn't just an oversight; it's a significant step in the wrong direction.
Initiated in 2022, treaty negotiations have been marked by ongoing disagreements between governments on the treaty’s scope and on what role, if any, human rights should play in its design and implementation. The new draft was released Tuesday, Nov. 28; governments will hold closed-door talks December 19-20 in Vienna, in an attempt to reach consensus on what crimes to include in the treaty, and the draft will be considered at the final negotiating session in New York at the end of January 2024, when it’s supposed to be finalized and adopted.
Deborah Brown, Human Rights Watch’s acting associate director for technology and human rights, said this latest draft
“is primed to facilitate abuses on a global scale, through extensive cross border powers to investigate virtually any imaginable ‘crime’ – like peaceful dissent or expression of sexual orientation – while undermining the treaty’s purpose of addressing genuine cybercrime. Governments should not rush to conclude this treaty without ensuring that it elevates, rather than sacrifices, our fundamental rights.”
U.S. Senator Ed Markey of Massachusetts has sent a much-needed letter to car manufacturers asking them to clarify a surprisingly hard question to answer: what data cars collect? Who has the ability to access that data? Private companies can often be a black box of secrecy that obscure basic facts of the consumer electronics we use. This becomes a massive problem when the devices become more technologically sophisticated and capable of collecting audio, video, geolocation data, as well as biometric information. As the letter says,
“As cars increasingly become high-tech computers on wheels, they produce vast amounts of data on drivers, passengers, pedestrians, and other motorists, creating the potential for severe privacy violations. This data could reveal sensitive personal information, including location history and driving behavior, and can help data brokers develop detailed data profiles on users.”
Not only does the letter articulate the privacy harms imposed by vehicles (and trust us, cars are some of the least privacy-oriented devices on the market), it also asks probing questions of companies regarding what data is collected, who has access, particulars about how and for how long data is stored, whether data is sold, and how consumers and the public can go about requesting the deletion of that data.
Also essential are the questions concerning the relationship between car companies and law enforcement. We know, for instance, that self-driving car companies have also built relationships with police and have given footage, on a number of occasions, to law enforcement to aid in investigations. Likewise both Tesla employees and law enforcement had been given or gained access to footage from the electric vehicles.
A push for public transparency by members of Congress is essential and a necessary first step toward some much needed regulation. Self-driving cars, cars with autonomous modes, or even just cars connected to the internet and equipped with cameras pose a vital threat to privacy, not just to drivers and passengers, but also to other motorists on the road and pedestrians who are forced to walk past these cars every day. We commend Senator Markey for this letter and hope that the companies respond quickly and honestly so we can have a better sense of what needs to change.
You can read the letter here.
In its comments on this study commissioned by the African Union, APC notes that the study could be strengthened by contemplating the impact of the rapid digitalisation of many countries in Africa in the context of environmental sustainability, climate change and human rights