Tell Governor Newsom: Make it Easier to Use Your Privacy Rights

3 hours 50 minutes ago

California has one of the nation’s most comprehensive consumer data privacy laws. But it’s not always easy for people to use their privacy rights. That’s why we supported Assemblymember Josh Lowenthal’s A.B. 566 throughout the legislative session and are now asking California Governor Gavin Newsom to sign it into law. We hope you’ll join us.

Electronic Frontier Foundation

Fair Use Protects Everyone—Even the Disney Corporation

5 hours 45 minutes ago

Jimmy Kimmel has been in the news a lot recently, which means the ongoing lawsuit against him by perennial late-night punching bag/convicted fraudster/former congressman George Santos flew under the radar. But what happened in that case is an essential illustration of the limits of both copyright law and the “fine print” terms of service on websites and apps. 

What happened was this: Kimmel and his staff saw that Santos was on Cameo, which allows people to purchase short videos from various public figures with requested language. Usually it’s something like “happy birthday” or “happy retirement.” In the case of Kimmel and his writers, they set out to see if there was anything they couldn’t get Santos to say on Cameo. For this to work, they obviously didn’t disclose that it was Jimmy Kimmel Live! asking for the videos.  

Santos did not like the segment, which aired clips of these videos, called “Will Santos Say It?”.  He sued Kimmel, ABC, and ABC’s parent company, Disney. He alleged both copyright infringement and breach of contract—the contract in this case being Cameo’s terms of service. He lost on all counts, twice: his case was dismissed at the district court level, and then that dismissal was upheld by an appeals court. 

On the copyright claim, Kimmel and Disney argued and won on the grounds of fair use. The court cited precedent that fair use excuses what might be strictly seen as infringement if such a finding would “stifle the very creativity” that copyright is meant to promote. In this case, the use of the videos was part of the ongoing commentary by Jimmy Kimmel Live! around whether there was anything Santos wouldn’t say for money. Santos tried to argue that since this was their purpose from the outset, the use wasn’t transformative. Which... isn’t how it works. Santos’ purpose was, presumably, to fulfill a request sent through the app. The show’s purpose was to collect enough examples of a behavior to show a pattern and comment on it.  

Santos tried to say that their not disclosing what the reason was invalidated the fair use argument because it was “deceptive.” But the court found that the record didn’t show that the deception was designed to replace the market for Santos’s Cameos. It bears repeating: commenting on the quality of a product or the person making it is not legally actionable interference with a business. If someone tells you that a movie, book, or, yes, Cameo isn’t worth anything because of its ubiquity or quality and shows you examples, that’s not a deceptive business practice. In fact, undercover quality checks and reviews are fairly standard practices! Is this a funnier and more entertaining example than a restaurant review? Yes. That doesn’t make it unprotected by fair use.  

It’s nice to have this case as a reminder that, despite everything, the major studios often argue, fair use protects everyone, including them. Don’t hold your breath on them remembering this the next time someone tries to make a YouTube review of a Hollywood movie using clips.  

Another claim from this case that is less obvious but just as important involves the Cameo terms of service. We often see contracts being used to restrict people’s fair use rights. Cameo offers different kinds of videos for purchase. The most well-known comes with a personal use license, the “happy birthdays,” and so on. They also offer a “commercial” use license, presumably if you want to use the videos to generate revenue, like you do with an ad or paid endorsement. However, in this case, the court found that the terms of service are a contract between a customer and Cameo, not between the customer and the video maker. Cameo’s terms of service explicitly lay out when their terms apply to the person selling a video, and they don’t create a situation where Santos can use those terms to sue Jimmy Kimmel Live! According to the court, the terms don’t even imply a shared understanding and contract between the two parties.  

It's so rare to find a situation where the wall of text that most terms of service consist of actually helps protect free expression; it’s a pleasant surprise to see it here.  

In general, we at EFF hate it when these kinds of contracts—you know the ones, where you hit accept after scrolling for ages just so you can use the app—are used to constrain users’ rights. Fair use is supposed to protect us all from overly strict interpretations of copyright law, but abusive terms of service can erode those rights. We’ll keep fighting for those rights and the people who use them, even if the one exercising fair use is Disney.  

Katharine Trendacosta

The Abortion Hotline Meta Wants to Go Dark

6 hours 15 minutes ago

This is the sixth installment in a blog series documenting EFF's findings from the Stop Censoring Abortion campaign. You can read additional posts here. 

When we started our Stop Censoring Abortion campaign, we heard from activists, advocacy organizations, researchers, and even healthcare providers who had all experienced having abortion-related content removed or suppressed on social media. One of the submissions we received was from an organization called the Miscarriage and Abortion Hotline.

The Miscarriage and Abortion Hotline (M+A Hotline) formed in 2019, is staffed by a team of healthcare providers who wanted to provide free and confidential “expert advice on various aspects of miscarriage and abortion, ensuring individuals receive accurate information and compassionate support throughout their journey.” By 2022, the hotline was receiving between 25 to 45 calls and texts a day. 

Like many reproductive health, rights, and justice groups, the M+A Hotline is active on social media, sharing posts that affirm the voices and experiences of abortion seekers, assert the safety of medication abortion, and spread the word about the expert support that the hotline offers. However, in late March of this year, the M+A Hotline’s Instagram suddenly had numerous posts taken down and was hit with restrictions that prevented the account from starting or joining livestreams or creating ads until June 25, 2025.

Screenshots provided to EFF from M+A Hotline

The reason behind the restrictions and takedowns, according to Meta, was that the M+A Hotline’s Instagram account failed to follow Meta’s guidelines on the sale of illegal or regulated goods. The “guidelines” refer to Meta’s Community Standards which dictate the types of content that are allowed on Facebook, Instagram, Messenger, and Threads. But according to Meta, it is not against these Community Standards to provide guidance on how to legally access pharmaceutical drugs, and this is treated differently than an offer to buy, sell, or trade pharmaceuticals (though there are additional compliance requirements for paid ads). 

Under these rules, the M+A Hotline’s content should have been fine: The Hotline does not sell medication abortion and simply educates on the efficacy and safety of medication abortion while providing guidance on how abortion seekers could legally access the pills. Despite this, around 10 posts from the account were removed by Instagram, none of which were ads.

For how little the topic is mentioned in these Standards, content about abortion seems to face extremely high scrutiny from Meta.

In a letter to Amnesty International in February 2024, Meta publicly clarified that organic content on its platforms that educates users about medication abortion is not in violation of the Community Standards. The company claims that the policies are “based on feedback from people and the advice of experts in fields like technology, public safety and human rights.” The Community Standards are thorough and there are sections covering everything from bullying and harassment to account integrity to restricted goods and services. Notably, within the several webpages that make up the Community Standards, there are very few mentions of the words “abortion” and “reproductive health.” For how little the topic is mentioned in these Standards, content about abortion seems to face extremely high scrutiny from Meta.

Screenshots provided to EFF from M+A Hotline

Not only were posts removed, but even after further review, many were not restored. The M+A Hotline was once again told that their content violates the Community Standards on drugs. While it’s understandable that moderation systems may make mistakes, it’s unacceptable for those mistakes to be repeated consistently with little transparency or direct communication with the users whose speech is being restricted and erased. This problem is only made worse by lack of helpful recourse. As seen here, even when users request review and identify these moderation errors, Meta may still refuse to restore posts that are permitted under the Community Standards.

The removal of the M+A Hotline’s educational content demonstrates that Meta must be more accurate, consistent, and transparent in the enforcement of their Community Standards, especially in regard to reproductive health information. Informing users that medical professionals are available to support those navigating a miscarriage or abortion is plainly not an attempt to buy or sell pharmaceutical drugs. Meta must clearly defineand then fairly enforce–what is and isn’t permitted under its Standards. This includes ensuring there is a meaningful way to quickly rectify any moderation errors through the review process. 

At a time when attacks on online access to information—and particularly abortion information—are intensifying, Meta must not exacerbate the problem by silencing healthcare providers and suppressing vital health information. We must all continue to fight back against online censorship.

 This is the sixth post in our blog series documenting the findings from our Stop Censoring Abortion campaign. Read more in the series: https://www.eff.org/pages/stop-censoring-abortion

Kenyatta Thomas

【お知らせ】出版研究集会:出版をあきらめない━「紙の本」にこだわる・手放さない理由は

7 hours 2 minutes ago
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JCJ

Human rights in the digital context in Rewanda

13 hours 51 minutes ago
The joint stakeholder report by the Association for Progressive Communications (APC) and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) focuses on key issues…
Association for Progressive Communications and Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

Human rights in the digital context in Lebanon

14 hours 1 minute ago
The joint stakeholder report1 by APC and SMEX focuses on key issues relating to human rights in the digital context in Lebanon, including digital inclusion and connectivity, freedom of expression…