CLIP-ings: April 26, 2019

Internet Governance

Facebook Expects Massive Civil Fine For Data Debacles: Facebook warned investors that it expects to incur a fine as high as $5 billion for its mishandling of user data; the civil fine would be the largest ever imposed by the Federal Trade Commission on a tech company for data-related misconduct.

Privacy

Mental Health Apps Share User Data Without Consent: A new study revealed that free anti-depression and smoking cessation apps collect and share users’ mental health data without disclosing the practice in their privacy policies; many of the apps studied shared information that could lend insights into individuals’ online behavior, and some even shared sensitive data such as “health diary entries” and “self reports about substance use.”

NSA Recommends Ending Phone Surveillance Program: The National Security Agency has recommended that the White House end the massive phone surveillance program that collects data from text messages and phone calls in the United States on the basis that “the logistical and legal burdens of maintaining the program outweigh any intelligence benefits it brings.”

Information Security & Cyberthreats

Wi-Fi Hotspot Finder App Exposes 2 Million Network RecordsThe database for an Android app that allows users to search for nearby Wi-Fi networks and upload information about their own network for others to use left exposed records containing Wi-Fi network names, precise geolocations, basic service set identifiers, and network passwords.

Intellectual Property

YouTube Content Filters Strike Time 100 Event: Universal Music Group and Warner Music Group blocked YouTube’s livestream of the Time 100 Summit on copyright grounds—possibly because YouTube’s ContentID filtering system was triggered by a Taylor Swift performance or by the interlude music that played between presenters.

Free Expression & Censorship

Funding Cut For Right-Wing Militia Group: PayPal and GoFundMe have shut down all fundraising campaigns for the United Constitutional Patriots on the basis that that UCP violates the companies’ policies by supporting hate or violence and allegedly using the funds to purchase guns; UCP denies that it used donations to purchase weapons and says that the cutoff has “killed” its resources.

Sri Lanka Temporarily Shuts Down Access To Social Media: Following the deadly attacks on Easter Sunday, the Sri Lankan government temporarily shut down all access to social media platforms such as Facebook, WhatsApp, YouTube, and Instagram to prevent the spread of misinformation.

On the Lighter Side

No Facial Recognition In The Subway: The New York City Metropolitan Transportation Authority has assured straphangers that monitors in the city’s subways that track riders’ faces are fake, and are simply a trick to deter fare evasion


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: April 19, 2019

Internet Governance

Senator Markey Introduces Privacy Bill Of Rights: The consumer data protection bill, which is designed to curb companies’ discriminatory use of data, would require that companies collect consumer information only to provide specifically requested services and would mandate that companies “protect and secure” the consumer information that they possess.

Privacy

Google’s Sensorvault Helps Law Enforcement: Law enforcement officials in the United States are using information stored in a Google database of location records called Sensorvault to identify suspects; after receiving a “geofence request” from law enforcement, Google can look to Sensorvault data to identify devices based on location and movement patterns and can then reveal associated names and email addresses to law enforcement once the field is narrowed to a few devices.

Information Security & Cyberthreats

Hackers Leak Federal And Law Enforcement Agents’ Personal Details: A group of hackers infiltrated websites run by the FBI National Academy Association, stole around 4,000 unique details about members including names, job titles, home addresses, email addresses, and phone numbers, and uploaded the stolen content onto their website.

Intellectual Property

Apple And Qualcomm Settle Patent Royalty Dispute: The settlement results in the dismissal of all litigation between the two companies, and includes a requirement that Apple pay Qualcomm an undisclosed amount; the parties have also reached multi-year license and chipset supply agreements.

Free Expression & Censorship

Google Suspends TikTok In India: After the Madras High Court of India refused to stay its order banning social video and music app TikTok, Google suspended access to the app in the country; the High Court issued the ban after observing pornography and other inappropriate content on the app, and also appointed an independent counsel to examine the app’s implications.

In Trying To Prevent Misinformation, YouTube Shows Unrelated News: During the Notre Dame Cathedral fire in Paris, YouTube’s live streaming coverage displayed an unrelated history overlay about the 9/11 attacks; the mix-up was due to an error in a YouTube algorithm created to fact-check and prevent the spread of misinformation and conspiracy theories on the platform.

Practice Note

Another Anti-Terrorism Act Suit Against Tech Giants Fails: The Sixth Circuit affirmed dismissal of a suit alleging that Twitter, Facebook, and YouTube’s poor self-policing afforded the perpetrator of the Pulse Nightclub shooting encouragement and assistance from ISIS in violation of the Anti-Terrorism Act; the court affirmed the District Court’s finding that the social media sites’ conduct did not proximately cause the shooting.

On the Lighter Side

Get A Zoom, You Two: AI on the camera of Google’s Pixel 3 smartphone is now able to detect when you are puckering up to kiss someone and will automatically take a photo to capture the slimy moment.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: April 12, 2019

Internet Governance

Britain Looks To Fine Social Media Companies For Harmful Content: Online safety laws proposed in the wake of growing concerns over the effects of harmful content on minors would place a duty of care on “any company that allow[s] users to share or discover content or interact online” and would impose fines and personal liability on corporate bosses for failure to eradicate “damaging material.”

Privacy

Ankle Monitor Youth Surveillance: Hundreds of Chicago Youth who are awaiting trial are being required to wear ankle monitors with embedded microphones and speakers; though the stated purpose for the communication capability is to alert wearers when their monitor is low on battery, concerns over the possibility of persistent surveillance have caused law enforcement officials to disable the devices’ recording features pending review. 

Alexa, Does This Look Like A Rash To You? A recent report revealed that Amazon improves its Alexa devices by employing human listeners to evaluate and categorize recorded user data; the report comes shortly after news that Alexa-enabled devices are now able to follow HIPAA compliance guidelines and handle personal medical information.

Information Security & Cyberthreats

Assange Arrested And Charged: After WikiLeaks officials claimed that Julian Assange was being spied on while in the Ecuadorian embassy, the controversial figure was arrested by British authorities and now faces a charge in the United States for conspiracy to commit computer intrusion stemming from his agreement to help Chelsea Manning crack a password to a classified Defense Department computer.

The DEA Secretly Spied On Americans: The Drug Enforcement Administration secretly surveilled Americans who bought money counters between 2008 and 2014 by issuing administrative subpoenas for purchaser information to companies that sold the counters; the bulk data consisted of tens of thousands of names, addresses, and phone numbers, and allegedly helped the DEA seize over $50 million.

Intellectual Property

IBM Alleges Portal Patent Infringement: In a new lawsuit, IBM alleges that travel company Expedia infringed three of its patents related to “graphical user interfaces for customer self-service search systems and customisable portal pages”; IBM claims that the lawsuit is necessary due to Expedia’s unwillingness to negotiate a license agreement for the technology.

Free Expression & Censorship

YouTube Shuts Down Comments During Congressional Hearing: YouTube shut down the comments section on the livestream of a congressional hearing about white nationalism after the section filled with hateful remarks concerning white pride, anti-Semitism, and multicultural societies.

On the Lighter Side

Roomba Burglar: Oregon police responded to a 911 call claiming that someone had broken into a house and found the “suspect” to be a Roomba Robotic Vacuum Cleaner.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP  

Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: April 4, 2019

Internet Governance

Australia Passes Law On Violent Posts: The legislation obligates content providers to “expeditiously” remove “abhorrent violent material” and imposes fines and criminal penalties for violations; the law is being criticized for being hastily drafted and passed without either consultation with industry experts or public input.

Privacy

Where Everybody Knows Your Login: After facing backlash from security experts, Facebook has stopped its practice of asking some new users to share their email login password to verify their account; users asked for their login information were those who used email clients that did not support the OAuth standard security protocol.

Information Security & Cyberthreats

Over 540 Million Facebook User Records Exposed: Cybersecurity firm UpGuard discovered that the Mexico City-based news website Cultura Colectiva stored the user records, which included comments, reactions, and account names, openly on Amazon servers; Facebook said in a statement that it has worked with Amazon to take down the data and that the company’s policy prohibits information being stored on public databases.

Restaurant Group’s Customers’ Credit Card Information Stolen: From May 2018 through March 2019, hackers used point-of-sale malware to steal the card numbers and expiration dates of over 2 million customers of restaurants such as Bucca di Beppo, Earl of Sandwich, and Planet Hollywood; Earl Enterprises, the restaurants’ owner, has said the breach has been “contained” and that customers should not be at risk when eating at one of its landmark locations.

Intellectual Property

Blogger’s Screenshot Found To Be Fair Use: The Southern District of New York granted a motion to dismiss in Clark v. Transportation Alternatives, Inc. on the basis that a blogger’s use of a screenshot of a New York Post article about dockless bicycles to critique the original article constituted fair use.

Free Expression & Censorship

Facebook Takes Preventative Measures Ahead of Indian Election: Facebook has taken steps to contain false information ahead of India’s national elections that begin on April 11, which include introducing a new WhatsApp feature that that allows Indian users to report false, misleading, or disputed information and deleting hundreds of pages linked to India’s opposition party and Pakistan’s military for “inauthentic behavior.”

Practice Note

Seventh Circuit Allows Warrantless Border Smartphone Search: The Seventh Circuit determined that the Supreme Court’s Riley ruling, which recognized a warrant requirement for phone searches incident to arrest, did not apply to the border search of a cell phone held by a suspected child pornographer entering the country at Chicago’s O’Hare Airport; the court reasoned that the border agents’ good faith and reasonable suspicion of a crime being committed were sufficient to justify the search.

On the Lighter Side

Wake Up! Odd Alarm, a new alarm app, almost guarantees that the unpleasant alarm sounds it offers—including gunshots, glass breaking, and cats fighting—will wake you up.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP
Tom Norton
Executive Director, Fordham CLIP
Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: March 29, 2019

Internet Governance

FTC Orders Broadband Providers To Reveal Their Data Collection Practices: The Federal Trade Commission ordered seven major broadband providers to disclose internal documents about their collection, retention, use, and disclosure of American customers’ personal information to “better understand Internet service providers’ privacy practices.”

HUD Charges Facebook With Housing Discrimination: Just a week after settling multiple lawsuits alleging that its targeted advertising practices are discriminatory, Facebook now faces new charges brought by the Department of Housing and Urban Development that allege that the social network’s targeted advertising system violates the Fair Housing Act.

Privacy

Family Tracking App Leaks Users’ Real-Time Locations: A backend database for popular family tracking app Family Locator was left unprotected, making users’ real-time locations and personal information—including photos and plaintext passwords—easily accessible by anyone who knew where to look; it is unclear how long the database was exposed before it was pulled offline.

Information Security & Cyberthreats

Hackers Used ASUS Software Update Tool To Push Malware: Hackers compromised the update server of computer hardware company ASUS and pushed malware to hundreds of thousands of users’ computers through a seemingly authentic but malicious software update signed with the company’s legitimate digital certificates.

Intellectual Property

EU Passes Controversial Copyright Reform: The European Parliament voted in favor of new copyright rules that will require online platforms to sign licensing agreements with publishers before exhibiting their work and implement procedures to prevent users from uploading copyrighted content.

Free Expression & Censorship

Facebook Shifts Policy On Nationalist Content: Facebook has started banning content that “glorifies” white nationalist and separatist views on the basis that such content is “deeply linked to organized hate groups”; although Facebook has already banned white supremacy, it has until now allowed nationalist and separatist content to protect “broader concepts of nationalism and separatism – things like American pride.”

Practice Note

Grindr Protected By Section 230: The Second Circuit affirmed dismissal of a suit against Grindr brought by a victim who alleged that his former boyfriend created fake profiles on the app to harass him; the court found that the claims, which sought to hold Grindr liable for its “failure to combat or remove offensive third‐party content,” were barred by section 230 of the Communications Decency Act.

On the Lighter Side

We Know You’ll Have Fries With That: McDonald’s plans to roll out new A.I. features to promote different offerings based on factors such as time and weather and to create personalized menus based on customers’ order history.



Joel R. Reidenberg

Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP
Tom Norton
Executive Director, Fordham CLIP
 
Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: March 15, 2019

Internet Governance

Facial Recognition Technology In Airports: U.S. Customs and Border Protection is introducing advanced facial recognition technology in the top 20 U.S. airports to verify the identity of all passengers traveling internationally; critics believe that the technology is an invasion of privacy and “another step toward creating a comprehensive tracking system.”

Privacy

Exposed Chinese Database Tracked “Breed Ready” Women: A researcher recently discovered a Chinese database tracking, among other things, the “breed ready” status of about 1.8 million women; though the purpose of the database is unknown, some believe that it may be  part of a Chinese government effort to keep track of fertile women as China’s birth rates reach a historic low.

ICE Employees Have Access to Tracked License Plates: Documents released by the ACLU of Northern California reveal that ICE obtains automated license plate reader data from at least one private company and from more than 80 local law enforcement organizations; the sharing is said to violate local laws and ICE policies.

Information Security & Cyberthreats

Iranian Hackers Stole Citrix Data: The FBI warned software giant Citrix that it had been the target of a hack by the Iranian group Iridium, which compromised the company’s internal network to steal “project data” related to the aerospace industry, the FBI, NASA, and Saudi Arabia’s state-owned oil company; Citrix has claimed that there is “no indication” that the intruders compromised its products or services.

Intellectual Property

Battle Royale Over Fortnite Dance Copyright Dismissed: Lawsuits over the copyright of in-game dances in Epic Games’s Fortnite were voluntarily dismissed after the Supreme Court’s recent ruling in Fourth Estate Public Benefit Corp. v. Wall-Street.com, which held that copyright holders cannot file an infringement lawsuit until the U.S. Copyright Office has acted on their application to register their work.

Free Expression & Censorship

Facebook Flips On Warren Ads: After Senator Elizabeth Warren vowed to break up the tech giants if elected President, Facebook removed several of Warren’s related campaign ads from its platform; the social network has since restored the ads, citing a desire to allow for “robust debate.”

 

Practice Note

Question Mark Kills Defamation Claim: The Sixth Circuit affirmed dismissal of a defamation suit against actor James Woods on the basis that his allegedly defamatory tweet—which questioned whether the plaintiff was a political prop—was “reasonably susceptible to both a defamatory meaning . . . and an innocent meaning,” and therefore was not actionable as a matter of law under Ohio’s “innocent construction rule.”

On the Lighter Side

William Tellephone: An Australian man attempting to photograph a crossbow-wielding stranger on his property was saved when his Android phone intercepted an arrow that the stranger shot at him.

Announcements

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

The London School of Economics Law Department is seeking to appoint two fixed-term LSE Fellows.

Fellows are expected to contribute to class teaching on the undergraduate degree programme and other teaching on the undergraduate or postgraduate programme as may be available. Applicants who can teach in the area of IT or Privacy Law for one of the posts are particularly welcome.

Candidates should have a PhD in Law, or be close to completing one by the post start date.  Candidates must be able to demonstrate excellent communication and presentation skills and a capacity to foster an engaging and supportive learning environment for students.

For further information about the post, please click here.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP

CLIP-ings: March 8, 2019

Internet Governance

Allow Me To Reintroduce Myself:  House Democrats reintroduced new legislation that would restore the net neutrality protections that were repealed in 2017; while the bill faces an uphill battle towards becoming law, commentators suggest that its introduction keeps the net neutrality debate alive leading into the 2020 presidential election.

Privacy

Facebook Privacy Shift: Mark Zuckerberg announced that Facebook plans to morph into a “privacy-focused messaging and social networking platform” that emphasizes, among other things, private interactions, encryption, content ephemerality, safety, interoperability, and security.

Google Keeps Tracking App: Google declined to remove the controversial app Absher from the Google Play Store after concluding that it does not violate the company’s terms and conditions; the Saudi government-backed app has drawn criticism from U.S. lawmakers for its use of features that allow Saudi men to track and control the travel of women.

Information Security & Cyberthreats  

Avalanche Of Security Risks: App-connected wireless speakers designed for use inside ski helmets were revealed to have significant security flaws that allow potential hackers to discern a user’s precise geolocation, listen in on their conversations, and acquire their email, username, and phone number.

Hackers Target Instagram Influencers: Hackers claiming to be from the “Instagram Verify Team” are using phishing schemes to gain control of Instagram influencers’ accounts and are threatening account deletion unless users pay a ransom or, in some cases, send nude pictures.

Intellectual Property

Supreme Court To Hear Patent Expense Case: The Supreme Court has granted certiorari in Iancu v. NantKwest Inc. to decide whether the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 encompasses personnel expenses incurred by the U.S. Patent and Trademark Office when its attorneys and employees defend it in Section 145 litigation.

 Free Expression & Censorship

Google Bans Political Ads In Canada: Google will ban political advertising on its platform ahead of the country’s 2019 federal election in light of the new Bill C-76, which passed in December 2018 and requires online platforms to keep a registry of all political advertisements they publish.

 On the Lighter Side

 “ji32k7au4a83”: Data breach repository Have I Been Pwnd found that this seemingly random password has been seen in over a hundred data breaches; the password transliterates from a Mandarin keyboard to “my password” in English. 

Announcements

CLIP Academic Director Joel Reidenberg recently appeared in an NBC News THINK video segment titled The Hidden Dangers of DNA Tests: Do the Benefits Outweigh the Risks?


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP

CLIP-ings: March 1, 2019

Internet Governance

FTC Rules Against Diet Pill Seller For Fake Amazon Reviews: In a landmark decision, the FTC ruled against Cure Encapsulations, a diet pill seller, for paying a website to create and post positive reviews about its product on Amazon; the FTC ruling recommended that the company be required to notify prior customers about the claims against it, identify fake reviews, no longer make false claims about the health benefits of its products, and face a largely suspended fine of $12.8 million.

Privacy

FTC Settles With TikTok Over COPPA Violations: As part of a settlement for allegedly violating the Children’s Online Privacy Protection Act by knowingly allowing children to use the app without parental consent, TikTok (formerly known as Musical.ly) has agreed to pay the FTC $5.7 million, delete profiles of children younger than 13, and no longer allow anyone under 13 to create a profile, upload videos, send messages, or leave comments on the App.

Cuomo Asks N.Y. Agencies To Investigate Facebook: Following reports that Facebook allegedly received users’ private medical information without their knowledge or consent in contravention of its own stated business practices, New York Governor Andrew Cuomo announced that he would direct two state agencies to investigate Facebook’s data practices; Cuomo also called on federal authorities to investigate the company’s practices.

Information Security & Cyberthreats

Facebook Planned To Collect Android User Data Privately: Previously unpublished documents seized from the House of Commons Digital, Culture, Media and Sport Committee’s inquiry into the Cambridge Analytica scandal revealed a plan by Facebook to use its app on Android to anonymously collect and store users’ location data and couple it with cell site IDs to create“location-aware” products.

Intellectual Property

Apple Shutters East Texas Stores To Avoid Patent Troll Suits: Apple has begun shutting down its retail stores in the Eastern District of Texas to prevent patent trolls from using Apple’s retail presence there as the basis for arguing that the District is a proper venue for bringing suits against the company; Apple is opening new retail stores just across the border in the Northern District of Texas.

Free Expression and Censorship

Anti-Vaxxers Feel A Prick: YouTube will remove ads from videos that the website says promote anti-vaccination; YouTube’s policies have long characterized such videos as “harmful content” that cannot be monetized, and YouTube claims that the videos slipped past its content filters.

Self-Harm Content Resurfaces on YouTube: YouTube’s child-friendly app “YouTube Kids” was home to a cartoon into which was spliced a video instructing viewers how to commit suicide; though YouTube removed the video from its Kids platform, it later resurfaced on YouTube’s main platform.

Practice Note

Federal Judge Overturns State Cyberstalking Statute: A judge in the Western District of Washington ruled that a provision of the State’s cyberstalking statute prohibiting speech that is intended to “harass, intimidate, torment or embarrass” was “facially overbroad” in violation of the First Amendment.

On The Lighter Side

Year Of The Pig: China’s tech firms are pushing facial and voice recognition technology to “protect” Chinese pigs from a deadly swine disease.

Announcements

CLIP’s newest paper, Trustworthy Privacy Indicators: Grades, Labels, Certifications and Dashboards, is now available for download on SSRN. The article, which is a product of the Usable Privacy Project, will be published in the Washington University Law Review this summer.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP

CLIP-ings: February 22, 2019

Internet Governance

Uber Sues NYC Over Ride-Hail Cap: Uber filed a lawsuit to overturn NYC’s law that paused the issuance of new licenses to drivers for 12 months and capped the number of ride-hail drivers that can operate in the City; Uber argues that the law, which is part of the New York City Council’s efforts to give regulators more control over app-based rideshare companies, espouses a “ban first, study later” approach.

Privacy

Google Admits Its Error In Not Disclosing Nest’s In-built Mic: After it was revealed that its modular Nest Secure security system contained a previously undisclosed microphone, Google claimed that the component “was never intended to be a secret” and acknowledged that it should have been listed in the product’s technical specifications; Google says that the mic was included in the Nest for features that require security systems to pick up sounds, such as broken glass.

Information Security & Cyberthreats

Etsy Error Causes Unauthorized Withdrawals From Sellers’ Bank Accounts: Following an Etsy bill payment error, large sums of money were withdrawn from sellers’ bank accounts and charged to their credit cards; Etsy says that the mishap was “related to a site change” and “was not a fraud issue,” and that all incorrect withdrawals have been refunded and the issue has been fixed.

Venezuelan Government Attempts To Hack Activists: The government of Venezuelan President Nicolas Maduro is allegedly using phishing sites to trick pro-opposition activists into revealing their passwords to popular web services such as Facebook, Gmail, Instagram, and Twitter in a purported effort to identify and stop the activists.

Intellectual Property

What’s The Frequency, Donald? Twitter removed a video that President Trump tweeted in retort to the Democrats’ reaction to the State of the Union that included the song “Everybody Hurts” by rock band R.E.M. after the band and its publisher submitted a takedown request.

Free Expression and Censorship

Twitter Bug Reveals Deleted Messages: A security researcher discovered that a “functional bug” allows for the recovery of Twitter users’ direct messages after the messages—or even the account—have been deleted; this seems to contradict Twitter’s data retention policies and implicates the EU’s General Data Protection Regulation.

Advertisers Boycott YouTube: Major brands such as Nestlé and Epic Games are boycotting advertising on YouTube because their ads appeared on innocent videos featuring minors that have become the target of pedophiles, who have “infiltrated” the videos’ comment sections; this comes after YouTube recently convinced advertisers who had left the platform over concerns about other offensive content to return by assuring them that its ability to flag questionable content had advanced.

On The Lighter Side

Apple Stays Fresh Past Expiration Date: Fordham Law Professor John Pfaff discovered a thirty-year-old Apple IIe computer in his parents’ attic and resumed where he left off in his save file for the game Adventureland after all these years.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP

CLIP-ings: February 15, 2019

Internet Governance

Trump Signs A.I. Executive Order: President Trump signed an executive order this week to establish an “American A.I. Initiative” after fears of running out of step with foreign countries in the field were promulgated by then-U.S. Defense Secretary Mattis last spring; the initiative is intended to better educate workers and improve the systems needed to develop A.I. technology.

Texas Looks To Prevent Throttling: A bill introduced in the Texas House of Representatives would make it a crime for telecommunications providers to restrict internet access in declared disaster areas; the bill joins over 100 other state-level net neutrality bills and comes after firefighters in Santa Clara County, California, experienced data throttling during the 2018 wildfires there.

Privacy

Federal Privacy Legislation Hearings Scheduled: House and Senate committees are set to hold separate hearings later this month to discuss potential data privacy and security legislation; a Government Accountability Office report that recommends that Congress consider “developing comprehensive legislation on Internet privacy that would enhance consumer protections and provide flexibility to address a rapidly evolving Internet environment” was released concurrently with the hearing announcements.

Information Security & Cyberthreats

I’m Breaching-Up With You: Internet dating application Coffee Meets Bagel announced on Valentine’s Day that users’ personal data had been compromised due to a breach; earlier this week, reports surfaced that dating application OkCupid was dealing with users’ being locked out of their accounts, potentially due to a security breach.

Intellectual Property

EU Agrees On Copyright Directive Article 13: Negotiations have resulted in agreement on the language of the copyright reform directive, which must now be formally confirmed by the European Parliament and the EU Council; the new text includes the controversial Article 13 provision that would require internet platforms to proactively block the upload of copyrighted material.

Free Expression and Censorship

Instagram Bans “Graphic” Self-Harm Images After British Teenager’s Death: Following public outrage over Instagram’s apparent influence in the suicide of 14-year old Molly Russell, Instagram announced that explicit imagery of self-harm would not be allowed on the app and that non-graphic images of self-harm would be removed from the most visible parts of the app.

Practice Note

Facebook Messenger Decryption Efforts Remain Sealed: An Eastern District of California judge ruled that details about a government effort to force Facebook to decrypt Messenger communications as part of an investigation into the MS-13 gang the government’s interests in maintaining its investigation’s secrecy outweighed the public interest in disclosure of the documents.

On The Lighter Side

Moove Over, Tinder: The newly-launched “Tudder” helps farmers find breeding matches for their cattle.

Announcement

Call for Papers for PhD students and early career researchers:

The Law, Science, Technology and Society (LSTS) Research Group and the Brussels Privacy Hub will hold an International Workshop on the Legal Notions of Privacy and Data Protection in EU law in a Rapidly Changing World to take stock of current academic thinking and the developments in the case law and in policy making in the area, and to discuss the significance of these rights in the future.

The Workshop will give the opportunity to PhD students and early career researchers to present their research on the relationship between the EU fundamental rights to privacy and data protection.

Deadline for submission of abstracts 28 February 2019. Please send your abstract to info@brusselsprivacyhub.eu with your name, affiliation, and a short biography


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP