CLIP-ings June 26, 2015

Internet Governance

Revenge Porn Takedown: Google will expand its otherwise “narrow and limited” search-result removal policy and soon consider requests to remove sexually explicit images posted without their subjects’ consent.

Subsidized Internet: In an effort to reduce the digital divide, the FCC voted to offer independent Internet access under Lifeline, a program that subsidizes telecommunications services for low-income households.

Privacy

No License To Scan: Louisiana Governor Bobby Jindal vetoed the state legislature’s “plan to acquire [license plate] scanners,” on the ground that they “create large pools” of law abiding citizens’ information.

Information Security and Cyberthreats

SEC Chases Phishers: In a recent investigation of hacks that informed insider trading, the Commission for the first time requested breach information directly from the hacked companies.

Intellectual Property

Cert. Patently Denied: Google unsuccessfully petitioned the Supreme Court to overturn the Federal Circuit’s finding that Street View infringes Vederi’s “vertical flat” imaging patents.

Free Expression and Censorship

Cyberharassment Not Free Speech: A New York district court held that a man’s statements on websites he created to deride his former employer were not protected by the First Amendment because they were defamatory and part of a “campaign of retaliatory harassment.”

Practice Note

The Justice League: The Supreme Court declined to overturn precedent and held that Marvel is not required to pay royalties to a Spider-Man toy’s inventor after his patent expired despite the parties’ agreement to the contrary.

On the Lighter Side

Bill Nye The Emoji Guy: Watch this science legend explain climate change with the help of a few emojis.

Joel R. Reidenberg

Stanley D. and Nikki Waxberg Chair and Professor of Law

Founding Academic Director, Fordham CLIP

N. Cameron Russell

Executive Director, Fordham CLIP

Thomas B. Norton

Privacy Fellow, Fordham CLIP

Editorial Fellows

Elle Davis

Sam Borenzweig

 

CLIP-ings: June 19, 2015

Internet Governance

FTC Tackles Crowdfunding: In a first-of-its-kind case, the FTC settled a complaint against the creator of a crowdfunding campaign who kept the funds he raised without delivering on the campaign’s promise.

Privacy

“No” To CISA, For Now: The Senate voted to exclude from the defense spending package a provision that would allow government agencies to take user data from private companies without judicial oversight.

Privacy Face-Off: Consumer advocacy groups withdrew from talks with the N.T.I.A. over privacy guidelines for facial recognition technology after finding the Agency unreceptive to “minimum rights for consumers,” such as the requirement that companies using the technology “seek and obtain [their] permission.”

Information Security and Cyberthreats

“Peanuts & Hacker-Jacks”: In the wake of claims that Cardinals officials hacked into the Astros’ database and compromised information about the team, the Astros’ General Manager denied allegations that he failed to use new passwords when he moved to his current position from the Cardinals.

Intellectual Property

Quit Copying Me: London’s Sunday Times issued a copyright infringement notice to a blog that criticized the paper’s front-page article and included an image of the article in its post.

Free Expression and Censorship

No Immunity In Estonia: In a decision incompatible with other EU precedent, the European Court of Human Rights ruled that an Estonian news site is liable for comments posted by users.

Practice Note

Employees Of The Month? The California Labor Commission’s ruling that an Uber driver is an employee and not an independent contractor suggests potentially broad implications for other start-ups that provide crowdsourced services.

On the Lighter Side

Four-Emoji Passcode? Apparently, “input from lots of millenials” led developers to create technology that allows emoji-compatible passwords. ¯\_(ツ)_/¯

Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP
N. Cameron Russell
Executive Director, Fordham CLIP
Thomas B. Norton
Privacy Fellow, Fordham CLIP
Editorial Fellows
Elle Davis
Sam Borenzweig

CLIP-ings: June 12, 2015

Internet Governance

Land Of The (Tax) Free (Internet): The House passed the Permanent Internet Tax Freedom Act, which, if passed into law, would “bar U.S. states from taxing Internet access” but would leave open questions on state sales tax for e-commerce.

Privacy

The UK’s First Stingrays: London’s Metropolitan Police “refused to say who is controlling…or what is being done with” the twenty devices disguised as fake mobile phone towers that were discovered in the city.

Secret Court Supremacy? In accordance with the “transition period” provided for in the USA Freedom Act, the DOJ has filed to the FISC a request for permission to collect bulk metadata for six more months; authorization would contradict a Second Circuit ruling that such collection is illegal.

Information Security and Cyberthreats

Shame On US: After a hacking incident affected up to four million current and former government employees, President Obama declined to “point the finger” at China and instead urged Congress to pass stronger cybersecurity legislation.

Encryption Enables Terrorism? The FBI warned Congress and privacy-touting tech companies that the end-to-end encryption used by some messaging applications threatens national security by allowing for unmonitored communication about potentially nefarious activity.

Intellectual Property

Closing In On Patent Abuse: The Senate Judiciary Committee approved a draft of the Patent Act, which would impose stringent standards designed to deter non-practicing entities from filing frivolous lawsuits, including limits on discovery and fee-shifting provisions.

Free Expression and Censorship

True Threats? Shortly after the Supreme Court held that only “true threats” are criminal, the DOJ subpoenaed Reason.com to identify six users who made threatening comments on the site about the judge in the Silk Road trial.

On the Lighter Side

Stop, Drop, And Don’t Instagram: This Dutch fire safety sign burns the social media generation.