CLIP-ings: November 20, 2015

Internet Governance

État D’urgence: The French National Assembly passed Amendment 50, permitting the Minister of the Interior to “take any measure to ensure the interruption” of media channels, such as the press, radio, movies, and publications, when the country is under a state of emergency.

Information Security And Cyberthreats

Securagram: Days after a third-party app was found stealing usernames and passwords, the photo sharing service updated its API policy to eliminate third-party access to a user’s full feed.

Keys To The Back Door: The Manhattan District Attorney asked Congress to enact legislation that would allow government access to encrypted data, citing numerous cases where encrypted mobile phone data allegedly hindered prosecution.

Intellectual Property

Million Dollar Protection: YouTube announced a new initiative that will offer legal protection to select users whose videos are subject to DMCA copyright takedown requests and which the site strongly believes to be fair use.

Litigatin’ Around This Tree: The makers of the tree-shaped car fresheners sued a rival car-scent company for trademark infringement of their signature tree shape.

Free Expression And Censorship

Facebook House Rules: A California district court ruled that Facebook could block a Sikh activist group’s social media page without providing an explanation because religious discrimination is precluded under the Communications Decency Act.

Practice Note

Securing Authority: The FCC recently settled its first data security breach enforcement action involving a cable operator revealing the agency’s growing claim of authority in data security matters.

On The Lighter Side

Stuffing Ahead! Google Maps gives you a healthy helping of Thanksgiving Day traffic navigation tips.


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

Tory Geronimo
Dean’s Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP

CLIP-ings: November 13, 2015

Internet Governance

Don’t Bet On It: The New York State Attorney General’s Office demanded that the two largest online fantasy sports companies cease and desist their betting practices, claiming their operations are a form of gambling prohibited under state law.

Privacy

Cookie Cutting: A Belgian court threatened to fine Facebook up to 250,000 euros per day if it continues to use a special cookie that tracks and registers non-members’ online activity without their express consent.

Information Security And Cyberthreats

This Call Is Being Recorded: An anonymous hacker leaked a cache of supposedly secure inmate phone recordings from a jail telephone service provider, including thousands of attorney-client communications which may have been impermissibly recorded.

Intellectual Property

Get Out-N-Out: Expressing concerns over food delivery start-up DoorDash’s handling of food, burger chain In-N-Out sued the service for trademark infringement, alleging that its use of the chain’s famous logo implies the same standards and quality of food to consumers.

Free Expression And Censorship

Please Unlike: German prosecutors are investigating the head of Facebook’s European department for allegedly neglecting to remove hate speech from the social media platform.

Practice Note

Un(ID)entifiable? A district court ruled that a user’s unique video streaming device ID and viewing history can be disclosed to third parties because the ID does not constitute “personally identifiable information” under the Video Privacy Protection Act.

On The Lighter Side

Driver Dream State: Architectural designers used 3-D scanning technology to visualize how driverless cars might perceive their surroundings.


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

Tory Geronimo
Dean’s Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP

CLIP-ings: November 6, 2015

Internet Governance

What Does Spokeo Know About You? During oral arguments in a Fair Credit Reporting Act lawsuit against the people-search engine Spokeo, the Supreme Court considered whether inaccurate consumer information posted on the site constitutes an actual injury to the plaintiff and a potential class of plaintiffs.

Sly Fox: Mozilla announced an update to Firefox’s private browsing mode providing heightened privacy controls that block third-party tracking scripts used to identify an individual.

Privacy

SnapTrap: Snapchat’s latest terms of service grant the company a “world-wide, perpetual, royalty-free” license to, among other things, reproduce, modify, and broadcast user pictures uploaded to its “Live Story” feature.

Stingray Privacy Act: The House proposed the Cell-Site Simulator Act of 2015, which would require state and local agencies to obtain a search warrant before using stingray surveillance devices.

Information Security And Cyberthreats

Masked Hack: Websites using anti-adblocking service PageFair exposed their visitors to a malware attack disguised as an Adobe Flash update.

Intellectual Property

It’s A Legal World After All: In anticipation of Disney’s first theme park in China, Chinese officials will carry out a “special” year-long campaign to safeguard Disney’s trademarks by cracking down on counterfeits online.

Free Expression And Censorship

Offensive Defense: In a brief appealing a district court ruling, the Washington Redskins argued that revoking six of its trademarks violated the First Amendment because trademarks are not government speech and thus cannot be cancelled on the basis of offensiveness.

On The Lighter Side

First Issue: Super Jobs saves the day by tackling iTunes’ terms and conditions.


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

Tory Geronimo
Dean’s Fellow, Fordham CLIP

Noelle Park & Inés Spinnato
Editorial Fellows, Fordham CLIP