September 2017

Congressional Internet Caucus Advisory Committee
Friday, September 8, 2017
12:00 pm - 1:00 pm
https://www.eventbrite.com/e/carving-out-exceptions-to-section-230-how-w...

Over 21 years ago, at the dawn of the commercial Internet, Congress passed a seemingly minor amendment to the massive Telecom Act of 1996 - Section 230 of the Communications Decency Act (HR 1555). HR 1555 was designed to limit liability of Internet providers for content posted by their users and also to give them a safe harbor to manage objectionable behavior on their platforms.

There is no question that with Section 230 Congress enabled the meteoric growth of the Internet. The impact of Section 230 has been showered with superlatives like "The Most Important Law in Tech" and "The Legislation That Saved the Internet." Yet, since Section 230's passage, it has been litigated hundreds of times. Further, hundreds of lawmakers' bills have been introduced seeking to hold intermediaries liable for the actions of its users. In fact, there are several bills in Congress right now that seek to hold scale back Section 230's scope including two on human trafficking.

A discussion about Section 230 and efforts to limit the scope of the law. The panel will include legal scholars and industry representatives that rely on the law. The panel will discuss the origins of the law, the role it plays in enabling Internet services and technologies.

Speakers

  • Julie Cohen, Mamolen Professorship in Law & Technology, Georgetown University Law School
  • Eric Goldman - Professor, Santa Clara University School of Law
  • Rachel Wolbers - Policy Director, Engine


Feds Promised to Protect Dreamer Data. Now What?

When the Obama administration was designing Deferred Action for Childhood Arrivals (DACA), privacy was a chief concern for immigration advocates, who worried about having undocumented immigrants identify themselves to the government. So US Citizenship and Immigration Services (USCIS) vowed it would wall off that data, protecting it from other agencies, including Immigration and Customs Enforcement (ICE), that wanted to use it for deportation purposes. But because DACA was merely a policy, not a law, even the framers of this process knew full well that that promise to Dreamers was not binding. Even if the Dreamer data remains confidential, however, immigration advocates fear that ICE already has all the information it needs to target Dreamers where they work.

One reason many Dreamers applied for the program, after all, is to receive a work permit. Many employers use a system called e-verify to keep tabs on their employees’ immigration statuses. If President Donald Trump reverses DACA protections and stops renewing those permits, there’s not much stopping ICE from showing up at an employer's office the day after an employee's DACA permit expires.

Microsoft says it will defend its 39 ‘dreamers’ in court if the government tries to deport them

After the Trump Administration announced that it would begin to unwind an Obama-era program that shields younger undocumented immigrants from deportation, Microsoft vowed to defend its workers in court. Microsoft's president and chief legal officer, Brad Smith, said that the company is committed to protecting its 39 employees who have Deferred Action for Childhood Arrivals (DACA) status, also known as “dreamers.” “If Congress fails to act, our company will exercise its legal rights properly to help protect our employees,” Smith wrote. “If the government seeks to deport any one of them, we will provide and pay for their legal counsel.” Smith added that Microsoft will explore whether it can intervene directly in any such deportation case. “In short, if Dreamers who are our employees are in court, we will be by their side.”

Former FCC Enforcement Bureau Chief LeBlanc Tapped as Privacy Shield Arbitrator

Travis LeBlanc, former Federal Communications Commission Enforcement Bureau chief under Democratic Chairman Tom Wheeler, has been tapped to help oversee compliance with the European Union-U.S. Privacy Shield Framework. That is the agreement between the EU and the US over protecting the privacy of cross-border information flows. He will be one of 20 arbitrators—16 have been chosen with four more to come—who will decide claims of violations of the framework obligations. They are a court of last resort if parties fail to resolve issues with the relevant data protection authorities. They are being chosen from a list supplied by both the EU and Commerce.

LeBlanc is a partner in the DC and Palo Alto (CA) offices of law firm Boies Schiller Flexner. The privacy shield replaces the safe harbor agreement that a European Union court invalidated in October 2015 over concerns about the US being able to hold up its end of the agreement given the government surveillance revealed by the Edward Snowden leaks. The framework requires companies to provide notice of what personal information is being collected and stored, the purposes it is used for, and an "opt out" mechanism.