Thread by @doctorow, Every time the US has a change of administration, @EFF staffers - [...]

Cory Doctorow #BLM

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Every time the US has a change of administration, @EFF staffers - lawyers, policy analysts, activists - create a "transition memo": a series of one-page briefings on the tech policy issues the new admin should take up. The Biden memo is GREAT.

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration

1/

Every time the US has a change of administration, @EFF staffers - lawyers, policy analysts, activists - create a "transition memo": a series of one-page briefings on the tech policy issues the new admin should take up. The Biden memo is GREAT. https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration1/

It opens with a section on surveillance, with three subsections:

I. Foreign Intelligence Surveillance Act

II. Facial Recognition Technology

III. Border Search and Immigration Surveillance

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064015

2/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064015

Next up is encryption:

I. Background on Encryption Backdoors

II. End-to-End Encryption and Client-Side Scanning

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064019

3/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064019

Then, broadband:

I. 21st-Century-Ready Access for All Americans

II. Net Neutrality and Public Safety

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064022

4/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064022

Nothing says 2021 like Section 230!:

* Deepfakes

* Mandated Political Neutrality

* CSAM, Sex Trafficking and other Unlawful Content

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064025

5/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064025

EFF's old favorite, consumer privacy, has some very 2021 angles:

I. Consumer Privacy Legislation

II. Private Companies and Facial Recognition/Biometrics

III. Student Data

IV. COVID and Health Data Privacy

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064029

6/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064029

After a 40+ year slumber, antitrust is having a revival, and EFF's proposals combine traditional antitrust with new, sui generis tech approaches.

I. Reform Antitrust Law

II. Competitive Compatibility

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration

7/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration

Copyright/copyfight has been on the agenda since the 1990s, but not like this:

I. Intermediary Liability (DMCA Section 512)

II. Freedom to Tinker and Right to Repair (DMCA Section 1201)

III. Statutory Damages

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064037

8/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064037

A coupla quick hits next:

* Computer Fraud and Abuse Act
https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064041

* Upcoming Supreme Court Ruling and Further Opportunities for Reform
https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064042

9/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064041

And it closes out with a deep dive on patents:

I. Low Quality Patents

II. Patent Trolling

III. Inter Partes Review

IV. Alice v. CLS Bank

V. More Patents Do Not Result in More Software Innovation

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064043

10/

EFF Transition Memo to Incoming Biden Administration

Contents IntroductionSurveillanceForeign Intelligence Surveillance Act Facial Recognition TechnologyBorder Search and Immigration SurveillanceEncryptionBackground on Encryption BackdoorsEnd-to-End

https://www.eff.org/wp/eff-transition-memo-incoming-biden-administration#_Toc57064043

You don't have to be an administrative branch staffer to appreciate this. Each of these topics is covered in brief, digestible form. Together, they constitute a rapid, extensive tour of the most important tech policy issues facing America today.

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