CLIP-ings

Internet Governance Apple Removes Popular Russian Social Media Apps from App Store: In response to new UK sanctions on Russian oligarchs, Apple removed iOS apps developed by technology conglomerate VK and disabled the developer accounts associated with the apps.

Privacy UK Information Commissioner’s Office Targets TikTok for Mishandling Children’s Data: The privacy regulator issued a preliminary notice of intent informing the company that it has reason to believe that TikTok unlawfully processed information from users under 13 over a two-year span and that TikTok failed to adequately notify users about the processing of “special category information” such as ethnicity, political leanings, religious beliefs, and others.

Information Security and Cyberthreats Optus Data Breach Prompts Australian Privacy Law Overhaul: Last week, the Australian telecommunications company revealed that nearly 10 million customers, or 40 percent of the country’s population, had their personal data including names, birth dates, home addresses, phone and email contacts, and passport and driver’s license numbers exposed in a hack. The country’s prime minister has since called for changes to privacy laws that would require breached companies to share details about affected customers with banks to prevent fraud.

Intellectual Property AI-Generated Graphic Novel Receives Copyright Registration: A graphic novel by a New York-based artist may be the first AI-generated piece to be recognized by the U.S. Copyright Office. The registration documentation, however, does not reference AI and lists only the artist as author, so some speculate that there may have been an “oversight of information” during review.

Freedom of Expression and Censorship Instagram Permanently Bans Pornhub’s Account: Following a temporary ban imposed three weeks ago, the popular account for adult content has now been removed for good. Meta, which owns Instagram, claims that the account repeatedly ran afoul of its policies over a ten-year span, while Pornhub says it received no explanation about which policies it allegedly violated and cited unequal treatment between adult-content creators and mainstream celebrities who post nudity on the platform.

Practice Note Proposed EU Rules Would Make it Easier to Sue for AI-Inflicted Harms: The AI Liability Directive would reshape products liability laws to encompass machine-learning systems and would create the right for individuals to obtain details about organizations’ AI use to help support legal claims.

On the Lighter Side The Dark Side Goes AI: After 91-year-old James Earl Jones decided to wind down his acting commitments, Lucasfilm has turned to a Ukrainian sound startup to “clone” his voice for Disney Plus’ Obi-Wan Kenobi series.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance FTC Requests More Information About Amazon’s iRobot Acquisition: In a filing made as part of its investigation into the $1.7 billion deal, the Commission is requesting “any soliciting material published, sent or given to security holders.” The filing suggests that both Amazon and iRobot plan to cooperate with the request.

Privacy U.S. Military Purchases Internet-Data Monitoring Tool: Recently-revealed documents show that multiple branches of the armed forces have purchased access to Augury, a privately-developed tool that provides insight into over 90 percent of all internet traffic. The office of Senator Ron Wyden received a whistleblower complaint regarding the Naval Criminal Investigative Service’s warrantless purchase of data using the tool, which collects data from over 550 worldwide access points and is updated with 100 billion new records each day.

Information Security and Cyberthreats Morgan Stanley Fined $35 Million for Improperly Disposing Hard Drives Containing Customer Information: The fine will settle SEC charges that the financial services company sold off hard drives and backup tapes containing the unencrypted personal information of nearly 15 million people. According to the SEC’s complaint, Morgan Stanley failed to oversee a contractor’s data destruction services, and the unwiped devices were later sold to an IT consultant.

Intellectual Property Getty Images Bans AI-Generated Content: The supplier of stock images imposed the ban out of concern over “unaddressed rights issues” related to the outputs of image generators, as well as out of a desire to protect Getty Image users from resulting potential legal risk.

Freedom of Expression and Censorship Florida Petitions SCOTUS to Rule on Social Media Law: After an appeals court blocked the controversial law, which would force online platforms to host content that they would otherwise remove, Florida has asked the Court to weigh in on states’ power to compel private companies to host speech. The petition comes days after another federal appeals court upheld a similar law in Texas that prohibits platforms from banning or moderating users based on political viewpoint.

Practice Note German Data-Retention Law Ruled Unlawful: The European Court of Justice ruled that the law, which requires telecommunications companies to store user data for up to ten weeks and share it with law enforcement, is unlawful. According to the judges, “EU law precludes the general and indiscriminate retention of traffic and location data, except in the case of a serious threat to national security.”

On the Lighter Side Builder Drones: Inspired by bees, researchers have developed drone teams that work together to 3D-print simple structures.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance California Sues Amazon For Anticompetitive Practices: A lawsuit filed by the state’s attorney general alleges that the company’s agreements with third-party sellers harm competition by limiting merchants’ ability to offer their products at lower prices elsewhere. The suit alleges that Amazon engages in retaliatory conduct against sellers that forces them to keep prices high and consolidate their offerings on Amazon. Google’s €4.1 Billion EU Fine Upheld: The European Union’s General Court upheld the fine–which is the largest the bloc has levied–against Google for imposing a set of anticompetitive restrictions on Android device manufacturers that set Google products as the default.

Privacy Period-Tracking App Flo Releases “Anonymous Mode” in Wake of Roe v. Wade Overruling: The popular app, which has an estimated 40 million monthly users and which was once subject to Federal Trade Commission enforcement action for sharing user data, will implement a new data-relay system that allows users to use the app without having their data linked to their name, email address, or IP address.

Information Security and Cyberthreats TikTok Mum on Whether U.S. User Data Reaches China’s Government: In response to questioning from lawmakers in Congress, the company’s Chief Operating Officer denied that TikTok is influenced by China, but avoided saying whether its parent ByteDance discloses data to the country’s government pursuant to national security law that requires companies to comply with requests for data.

Intellectual Property EU’s AI Act Could Chill Open-Source Software, Report Warns: A report by the Brookings Institution argues that the Act, which requires developers to ensure that their open-source software is accurate, secure, and transparent about risk, could disincentivize the release of open-source material over fear of litigation in the event of error. As a result, the report warns, AI development could be driven totally into the private sector.

Freedom of Expression and Censorship California Social Media Transparency Law Signed by Governor Newsom: The law requires social media companies to publicly post their policies on handling hate speech, misinformation, harassment, and extremism, as well as submit semiannual reports on enforcement of the policies to the state’s attorney general. The controversial law poses First Amendment problems, according to experts.

On the Lighter Side A Slice of the Future: Pizza robots in New Jersey can whip up 300 pies per hour.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance FTC Reviews Amazon’s Purchase of iRobot: The Commission has begun a “wide-ranging” review of the company’s purchase of the vacuum maker to determine if the $1.7 billion deal harms competition in the market for robot vacuums and connected devices, as well as whether data generated by iRobot’s products could give Amazon an unfair competitive advantage.

Privacy Irish Data Protection Commission Fines Meta €405 Million Over Instagram’s Handling of Children’s Data: After a two-year investigation, the Commission found that Instagram violated the GDPR by allowing users between ages 13 and 17 to operate business accounts that publicly displayed their phone numbers and email addresses.

Information Security and Cyberthreats Hackers from Conti Group Target Ukraine: A report from Google’s Threat Analytics Group suggests that former members of the cybercrime unit have participated in financially-motivated attacks against Ukraine as part of a hacking group referred to as UAC-0089. The group’s new efforts against Ukrainian government, non-profit, and humanitarian organizations match similar efforts by the Kremlin and represent the “blurring lines between financially motivated and government-backed groups in Eastern Europe.”

Intellectual Property Andreessen Horowitz Unveils NFT Licensing Options: The venture capital firm introduced a set of licensing agreements that establish rights between NFT owners and those who create the original art underlying the NFTs.

Freedom of Expression and Censorship Instagram Disables Account of Pornhub: After being briefly disabled in 2021, the account has gone offline again without explanation for a period of over three days. The founder of an organization dedicated to battling sex trafficking created a post on Twitter suggesting that she’d requested that the page be removed for violating the platform’s guidelines.

Practice Note ISPs Cease Fight Against Maine Privacy Law: Telecommunications providers and related industry groups have dismissed their suit alleging that the state’s law prohibiting ISPs from using, selling, disclosing, or providing access to customers’ personal information without their opt-in consent violated the providers’ First Amendment rights.

On the Lighter Side Cut the Lawn with Laser Precision: A YouTuber created a motor-powered, spinning laser to keep the grass trim.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Meta Settles Cambridge Analytica Suit: The company has agreed to settle for an undisclosed sum the case brought by users alleging that Facebook sold their personal information to third parties. The settlement comes just weeks before CEO Mark Zuckerberg and former COO Sheryl Sandberg were scheduled to be deposed.

Privacy FTC Sues Data Broker for Selling Sensitive Location Information: In its complaint against Kochava, the Commission alleges that the company’s selling of identifiable location data, including data that could identify people seeking abortions, amounts to an unfair business practice.

Information Security and Cyberthreats Security Researchers Discover “High Severity” TikTok Vulnerability: Users of the Android version of the app may have been vulnerable to a now-patched exploit that would have given hackers access to all aspects of their accounts, including personal data and the ability to upload and modify content.

Intellectual Property Biden Administration Restricts Sale of Sophisticated Computer Chips to China and Russia: As part of an effort toward supremacy in computing and AI, new rules require that manufacturers of graphics processing units, which are used in supercomputers that develop weapons and gather intelligence, obtain export licenses before selling certain types of chips in the two countries.

Freedom of Expression and Censorship Truth Social Banned from Google Play: Former President Trump’s social media platform has been banned from the app store for violating its policies against content promoting threats or inciting violence. The ban makes it more challenging for Android users to download the app.

Practice Note California Kids’ Online Privacy Law Advances: Both houses of the state’s legislature passed the California Age-Appropriate Design Code Act, which requires businesses to design products and services that enhance children’s’ privacy by, among other things, minimizing data collection, implementing enhanced privacy settings by default, and conducting data protection impact assessments. Critics of the law, which heads to Governor Gavin Newsom’s desk, worry that its age-verification requirements will upend internet use as we know it and will increase privacy risks.

On the Lighter Side France Uses AI to Detect and Tax Undeclared Swimming Pools: A one-two punch of aerial photography and Google-powered image processing has helped the country discover and tax the hidden pools to generate 10 million euro.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance FTC Removes Zuckerberg from Suit Against Meta: The Commission dropped the executive as a defendant in its suit to block the company from acquiring virtual-reality business Within Unlimited. In exchange, Zuckerberg has agreed to not purchase Within in his personal capacity.

Privacy Snap, Meta Settle Privacy Suits: Snap will pay $35 million to settle a class action alleging that it violated Illinois’ Biometric Information Privacy Act by collecting data from users who posted content using filters and “lenses” without their consent. Meta will pay a similar amount to settle allegations that Facebook violated California law by collecting information about users’ location via IP address even though they opted out of location tracking.

Information Security and Cyberthreats Whistleblower Claims Twitter’s Vulnerabilities Pose a National Security Threat: The company’s former security head filed complaints with the SEC, DOJ, and FTC alleging that Twitter’s servers use “out-of-date and vulnerable software,” and that employees have “wide-ranging and poorly tracked internal access to core company software.”

Intellectual Property Comedian George Lopez Sues Pandora Over Unlawful Streaming: Lopez alleges that Pandora’s streaming of two of his albums violates his copyrights in both the recordings and in the underlying literary works. The case has implications for the scope of publishing rights in spoken-word content.

Freedom of Expression and Censorship Photos Sent to Doctor Marked as Child Sexual Abuse Material: Google disabled the account of a man who sent photos of his toddler’s genitalia to his wife and the child’s doctor after its automated tool for detecting abusive images of children falsely flagged the photos.

Practice Note Pre-Test Room Scan Ruled Unconstitutional: An Ohio federal judge ruled that Cleveland State University violated the Fourth Amendment’s prohibition on unreasonable searches by conducting virtual scans of the rooms in which students take remote tests.

On the Lighter Side Janet Jackson Hit from 1989 Deemed Security Threat: Jackson’s “Rhythm Nation” has been labeled as a security threat after it was determined that the song contains frequencies that can cause the hard drives on certain laptops to malfunction.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Amazon Filing to FTC Reveals Breadth of the Commission’s Investigation into the Company: The recent filing suggests that the Commission’s investigation into whether Amazon deceived users into subscribing to services including Amazon Prime has expanded to over a half-dozen of the company’s other services and involves aggressive requests for information, including the testimony of founder Jeff Bezos and CEO Andy Jassy.

Privacy Report Suggests Weak Privacy Practices for Period-Tracking Apps: In a new analysis, Mozilla gave 18 of the 25 most popular period- or pregnancy-tracking apps and wearables privacy warning labels due to concerns about the services’ data collection and sharing practices. Similarly, a company under investigation by the Federal Trade Commission for allegedly brokering reproductive health data has sued the Commission for overreach, and argues that its “Privacy Block” feature that purportedly “removes health services location data” from its data marketplace resolves the Commission’s concerns.

Information Security and Cyberthreats Now-Patched Vulnerability in Amazon Ring App Exposed Personal and Device Data: The vulnerability would have allowed hackers to harvest personal data and device data, including recordings, which could be automatically analyzed to extract further information.

Freedom of Expression and Censorship TikTok Rolls Out Plan to Combat Election Misinformation: The platform announced an “election center,” which users can visit to find “authoritative information” on political topics, as well as a new fact-checking process and labels for content posted by governments, politicians, and political parties. Facebook and Instagram Remove Accounts of Prominent Anti-Vaccine Nonprofit: Following a 30-day ban, Children’s Health Defense saw itself removed from both platforms for “repeatedly” violating the sites’ policies on medical misinformation.

Practice Note Australia’s High Court Rules for Google in Defamation Case: The Court found that Google was not a “publisher” of, and therefore is not subject to liability for, a link to an allegedly defamatory story posted on the platform in 2014. The Court reasoned that Google “merely facilitated access” to the story and did not encourage users to read it.

On the Lighter Side Record Set for Longest Use of Brain-Computer Interface: A 36-year-old paralyzed man has set the record for the longest use of a brain-computer interface after having it installed for 7 years and three months. The interface, which is a pencil-eraser-sized electrode that implants into the brain, allows patients to control computers and prosthetics using their minds.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance DOJ Poised to File Second Antitrust Suit Against Google: Reporting suggests that a suit focusing on the company’s role in the digital ad market may come “as soon as next month.” A 2020 suit brought by the Department alleges that Google maintains an unlawful monopoly in the online-search market.

Privacy Facebook Provided Data to Law Enforcement in Nebraska Abortion Case: In response to a warrant, the social network sent to law enforcement private messages between a 17-year-old teen and her mother, in which the pair discussed the use of abortion pills. Meta says that it did not know that the disclosure would be used to investigate an illegal abortion.

Information Security and Cyberthreats Slack Exposed Workspace Users’ Hashed Passwords: An independent security research firm recently informed the company that users who created shared links to their workspaces had their hashed, non-plaintext passwords “slip out” in encrypted traffic.

Intellectual Property Google Sues Sonos for Allegedly Infringing Voice-Recognition Patents: In two new lawsuits, Google alleges that the speaker company’s latest design infringes seven of Google’s patents. The suits are the latest in a years-long quarrel between the companies.

Freedom of Expression and Censorship Report Finds White Supremacist Content Remains on Facebook: A study by the Tech Transparency Project discovered more than 80 white supremacist groups on the site, despite Facebook’s banning of such content in past years. The report also found that Facebook profits off advertisements shown in connection with search results related to white supremacist content.

Practice Note Federal Circuit Confirms that AI Systems Cannot Patent Inventions: The court upheld a decision that a computer scientist’s AI system could not legally be an inventor because it is not a “natural person,” which the Federal Circuit emphasized means “a human being, a person.”

On the Lighter Side “Fiber Cable Guy” Gets $2.6 Million in Government Funds to Expand His ISP: A Michigan man who built his own fiber internet provider after learning that it would cost $50,000 for other ISPs to extend their cable services to his home has won a contract with his local government to expand his broadband services across the community.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Task Force of Attorneys General to Crack Down on Robocall Enforcement: The attorneys general of all fifty states have supported the formation of the Anti-Robocall Litigation Task Force, which will take legal action against telecommunications companies and “gateway providers” to combat the 33 million daily spam calls–many of which are in furtherance of scams–made to Americans.

Privacy India Scraps Personal Data Protection Bill: The proposed bill, which was unveiled in 2019 and was designed to give Indian citizens data rights, was withdrawn after a parliamentary panel proposed “dozens of amendments and recommendations.” Lawmakers will now turn their efforts to a more “comprehensive legal framework” and will eventually present a new bill.

Information Security and Cyberthreats DDoS Attacks on Taiwanese Websites Coincide with Pelosi Visit: The websites of President Tsai Ing-wen and the country’s National Defense Ministry, Foreign Affairs Ministry, and largest airport were incapacitated as House Speaker Nancy Pelosi arrived. It’s uncertain who originated the attacks.

Intellectual Property Patent Laws Require Modernization, Argue Experts: In a series of hearings before the U.S. Chamber of Commerce, IP leaders including former United States Patent and Trademark Office Director Andrei Iancu argued that United States patent laws should be rewritten to accommodate artificial intelligence technologies, in part to ensure innovation toward national security.

Freedom of Expression and Censorship Indonesia Blocks, Unblocks, Companies Under Registration Law: After blocking certain sites for missing a deadline to register pursuant to the country’s MR5 internet regulation last week, the country’s Ministry of Communication and Information has allowed now-registered sites such as Steam and Yahoo back online. Still-unregistered sites such as Epic and Origin remain blocked.

Practice Note Claims Against Visa to Proceed in Child-Pornography Suit: A federal judge denied the company’s motion to be dismissed from a suit against it and Pornhub parent company MindGeek, reasoning that “Visa made the decision to continue to recognize MindGeek as a merchant, despite its alleged knowledge that MindGeek monetized child porn.” The case raises questions about payment processors’ liability.

On the Lighter Side Screening for Telltale Signs of Hunger: A new dad built an AI-powered webcam to help figure out when it’s time to feed the baby.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance FTC Sues to Block Meta’s Acquisition of Virtual Reality Fitness Company: The suit alleges that Meta’s purchase of the company that makes the popular app Supernatural would lessen competition in the fitness app market. According to the Commission, because Meta already owns a similar app, the purchase would eliminate any “beneficial rivalry” between the two products and would be a step toward Meta achieving sole ownership over the Metaverse.

Privacy Activists Probe ICE’s Use of Data Brokers to Target Undocumented Immigrants: In public hearings in Cook County, Illinois, immigration activists described how U.S. Immigration and Customs Enforcement relies on data brokers including LexisNexis and Thomson Reuters to obtain criminal justice data that could potentially be used to target immigrants. The activists urged lawmakers to investigate the practice, which they argued bypasses state and local sanctuary laws.

Information Security and Cyberthreats Uber Admits to Hiding 2016 Data Breach from the FTC: As part of a non-prosecution agreement between the company and the Department of Justice, Uber formally admitted that it failed to disclose to the Commission a 2016 breach that affected 57 million of the platform’s users, even though the Commission was investigating Uber’s security practices at the time. Uber ultimately publicized the breach in 2017 and settled breach-related litigation for $148,000.

Intellectual Property Chip Bill Passes Senate, House: The bill, which is designed to subsidize and support domestic chip manufacturing to the tune of $52 billion, was approved by both bodies of Congress and now heads to President Biden for signature. While the bill had bipartisan support, it has been criticized as a handout to manufacturers.

Freedom of Expression and Censorship Meta May Relax Covid-19 Misinformation Policies: In light of higher vaccination rates combined with its own efforts to promote accurate information about Covid-19, Meta has asked its Oversight Board to weigh in on a proposed policy change that would revert to labeling or down-ranking false Covid-19 information instead of outright removing it.

Practice Note NIST Releases Draft Cybersecurity Guidance for HIPAA Security Rule: The standards organization’s most recent revision of its guidance is meant to be “more actionable so that healthcare organizations can improve their cybersecurity posture and comply with the security rule.”

On the Lighter Side I’ll Hear What She’s Hearing: A new feature by Spotify will let you listen to automatically-generated playlists of songs that your friends have been listening to.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP