CLIP-ings: October 30, 2015

Internet Governance

Put It In Neutral? The European Parliament voted in favor of net neutrality laws that critics contend contain loopholes, such as granting ISPs broad discretion to create Internet fast lanes.

Feel The Rush: In light of the recent “Safe Harbor” ruling, Germany’s privacy regulators announced plans to immediately investigate EU-U.S. data transfer compliance for companies such as Google and Facebook.

Privacy

The Numbers Don’t Lie: Invoices obtained through a Freedom of Information Act request revealed that the IRS is the latest addition to a growing list of federal agencies known to have purchased stingray surveillance technology.

Information Security And Cyberthreats

Sharing Is Caring: The Senate passed a controversial bill intending to allow private companies to share cyberthreat information with the government even though personal consumer data could be included.

Intellectual Property

Rockin’ To The “Jailbreak” Unlock: The Library of Congress promulgated new DMCA exemptions that legalize certain alterations of technologies such as cars, phones, and tablets.

Free Expression And Censorship

Request For Public Comment: Citing free speech concerns, Google opposed changes to DMCA takedown procedures that would require removal of an entire website from search results even if only part of the site contained infringing content.

Practice Note

H(App)y Store: A district court ruled that app stores are not directly liable for trademark infringing names of third party apps, but still may be contributorily liable if the stores received notice of such infringements.

On The Lighter Side

The Modern Magic Carpet Ride: Let him show you the world.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Thomas B. Norton
Privacy Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP

CLIP-ings: October 23, 2015

Internet Governance

Striking A Balance: German Parliament passed a law that would require telecommunications companies to store telephone and Internet connection data for ten weeks for judicially approved law enforcement purposes.

Privacy

Smart Car Problems:  Congress heard FTC testimony on legislation compelling car manufacturers to submit to the government privacy policies detailing car data collection software practices.

Mi Casa Es Tu Casa: The House voted to extend provisions of the Privacy Act to provide European citizens with a means of legal redress if the U.S. unlawfully discloses their personal information.

Information Security And Cyberthreats

Kids These Days: The FBI is investigating a high school student who published sensitive information after hacking into the CIA director’s personal email through “social engineering.”

iResist: Apple submitted a brief detailing how newer encryption software limits its ability to bypass iPhone lock screens upon government request.

Intellectual Property

Keep Calm And Read On: The Second Circuit upheld the SDNY’s ruling that Google’s scanning of over 20 million books for an online library without copyright holder permission is permissible under the fair use doctrine.

Free Expression And Censorship

Selfie-Expression: A federal judge ruled that an Indiana law criminalizing “ballot selfies” violates the First Amendment because the content-based law was overly broad and would restrict legitimate expression.

On The Lighter Side

Oh Dear: Where’s the love, Airbnb?


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

N. Cameron Russell
Executive Director, CLIP

Noelle Park & Inés Spinnato
CLIP Editorial Fellows

CLIP-ings: October 16, 2015

Internet Governance

Revenge On Revenge Porn: The California Attorney General’s office launched a website that provides resources to help revenge porn victims, law enforcement, and technology companies combat cyber exploitation.

Privacy

Califortification: To protect its residents from unauthorized invasions of their digital privacy, California passed a law requiring law enforcement to obtain a search warrant or wiretap order before collecting residents’ electronic information subject to certain limited exceptions.

Information Security And Cyberthreats

Shut The Back Door: Following hacks of its own databases, the Obama Administration retreated from its pursuit of legislation that would compel technology firms and smartphone manufacturers to provide the government with access to their source code and encryption keys.

On Good Terms: Following the recent U.S.-China cybersecurity agreement, President Xi announced the arrest of several Chinese hackers believed to be responsible for cyberattacks on the U.S.

Intellectual Property

That’s A Real Stretch: The Ninth Circuit ruled that the founder of Bikram yoga cannot claim copyright over his series of 26 poses, holding that it is an “idea, process or system designed to improve health.”

Free Expression And Censorship

NFL GIF Tiff: In response to receiving DMCA takedown notices from the NFL and other leagues, Twitter suspended two accounts devoted to tweeting GIFs of professional and college games instead of simply removing the allegedly infringing content.

Practice Note

Subscription Cancelled: The Eleventh Circuit held that under the Video Privacy Protection Act (VPPA), a plaintiff who downloaded Cartoon Network’s video streaming app is not a “subscriber” and therefore not entitled to the law’s protection.

On The Lighter Side

Gold-Diggin’ Kids Apps: Kanye West is mad about in-app purchases (will this be his 2020 presidential platform?).


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

N. Cameron Russell
Executive Director, Fordham CLIP

Thomas B. Norton
Privacy Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP

CLIP-ings: October 9, 2015

Internet Governance

Bon Voyage, Safe Harbor: In a landmark ruling, the EU’s highest court invalidated the U.S.-EU pact on the grounds that it neither sufficiently protects EU citizens’ personal data nor provides them with adequate legal redress.

Failure For Launching: The FAA is seeking a $1.9 million fine from an aerial photography company that allegedly conducted 65 unauthorized operations in some of the country’s most congested airspace.

Privacy

Ticket Turbulence: A man used his smart phone to scan a friend’s airplane boarding pass and retrieved enough information to access sensitive data on the friend’s airline account.

Information Security And Cyberthreats

Access Denied: A journalist was found guilty of three federal counts of hacking under the Computer Fraud and Abuse Act for sharing content management system login details with members of Anonymous, who then used the credentials to alter a Los Angeles Times story.

Intellectual Property

Gotta Catch ‘Em All: The Pokémon Company demanded $4,000 to settle a lawsuit against a fan who allegedly violated the company’s copyrights by including two of its characters on posters advertising his Pokémon-themed party.

Free Expression And Censorship

Lawyer Cries For Yelp: Yelp settled a suit with a private practice lawyer over alleged fraudulent reviews on the site; this is Yelp’s second lawsuit targeting fake reviewers “when presumably fake Yelp reviews are happening on a daily basis across its site.”

On The Lighter Side

Spook-tech-ular Costumes: With one week of October down, it’s time to think about your Halloween getup!


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

N. Cameron Russell
Executive Director, Fordham CLIP

Thomas B. Norton
Privacy Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP

CLIP-ings: October 2, 2015

Internet Governance

Home-Screen Advantage: The FTC is investigating whether Google unfairly gives its own products prominent placement over those of vendors on its Android smartphones.

Privacy

The Files Are In The Computer: A federal appeals court is set to determine how long the government may retain an individual’s computer files obtained pursuant to a probable-cause warrant but which were not used as evidence, and whether it may later use such evidence against the individual for a different crime.

Information Security And Cyberthreats

The (Not So) Simple Life: Hackers allegedly installed malware that swiped guest credit card information from point-of-sale systems in Hilton hotel restaurants and gift shops.

Cyber Détente: President Obama and China’s President Xi agreed last week that both countries will stop conducting and supporting “cyber-enabled theft of intellectual property.”

Intellectual Property

Copyrighted Crusader: The Ninth Circuit held that a California mechanic’s replicas of the Batmobile infringed DC Comics’ copyright on the car, reasoning that the replicas contain “sufficiently distinctive” elements of the original “automotive character.”

Free Expression And Censorship

The Price Of Unfriendship: Australia’s Fair Work Commission found that a supervisor’s unfriending of an employee on Facebook was evidence of “unreasonable behavior” resulting in the issuance of a stop bullying order.”

Practice Note

SEC Fishing Expedition: A federal court ruled that defendants, who invoked their Fifth Amendment right in refusing to turn over their phones’ passcodes to authorities, cannot be forced to without proof that evidence actually exists on the devices.

On The Lighter Side

Broken News? Watch HLN mistakenly interview comedian Jon Hendren (@fart) instead of Al Jazeera journalist John Hendren (@johnhendren) about Edward Snowden Scissorhands’ new Twitter account.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Thomas B. Norton
Privacy Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP