CLIP-ings: December 18, 2015

Internet Governance

CISA Revival: The Cybersecurity Information Sharing Act, which sought to compel tech companies to send the government cybersecurity threat information, was renamed and inserted into the omnibus budget bill, making it likely that the controversial bill will become law.

Taxing Work: The House of Representatives passed a bill that seeks to renew the ban on municipal and state taxes on Internet access and sales.

Privacy

EU Data Privacy Reform: The European Union agreed to reforms in its data privacy rules that are expected to strengthen data protection laws for EU citizens, harmonize legislation between member states, and strengthen law enforcement cooperation.

Information Security And Cyberthreats

Lights Out: Hacktivist group Anonymous claimed responsibility for temporarily shutting down the New York City Trump Tower website, citing disapproval over presidential candidate Donald Trump’s stance on Muslim immigration into the United States.

Intellectual Property

Merry Swiftmas: All pop star Taylor Swift wants for Christmas this year is a myriad of trademark protections for words and phrases such as “Swiftmas,” “1989,” and “Blank Space.”

Free Expression And Censorship

Censoring Hate Speech: After talks with the German government, which has been attempting to crack down on hate speech against recent refugees, tech giants Facebook, Google, and Twitter agreed to delete German hate speech appearing on their platforms within 24 hours of being published.

Practice Note

No Waze That’s Copyright Infringement: A district court held that defendant traffic app Waze’s use of the same “points of interest database” – comprised of data including “the location of traffic conditions [and] road hazards” – as a rival app does not amount to copyright infringement of a compilation if other factual points are added to the app’s algorithm.

On The Lighter Side

Patent DIY: How the patent filing process goes, according to The Onion.


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

CLIP-ings: December 11, 2015

Internet Governance

Mystery Solved? Police raided an Australian businessman’s home after reports published evidence linking him to Satoshi Nakamoto, the pseudonymous Bitcoin creator.

Privacy

Goodbye Barbie: A mother sued Mattel over its controversial interactive Hello Barbie doll that records and stores to the cloud its owner’s voice, alleging that the doll violates the Children’s Online Privacy Protection Act because Mattel does not receive permission to record from the parents of any underage third parties that may also interact with the doll.

Information Security And Cyberthreats

Wyndham’s FTC Settlement: In its settlement with the Federal Trade Commission concerning the data breaches affecting hundreds of thousands of its customers, Wyndham Worldwide agreed to take certain steps to strengthen its data security, including implementing a “comprehensive information security system” and conducting annual security audits.

Notification, Pronto: European Union officials agreed on the first EU-wide cybersecurity rules which would require member states to adopt measures imposing sanctions on “critical national infrastructure” operators who do not implement adequate data security systems nor timely report discovered data breaches.

Intellectual Property

Cookie Wars: Pepperidge Farm filed a trademark suit against Trader Joe’s, alleging that the supermarket chain sells a cookie that looks too similar to its famous Milano cookie.

Free Expression And Censorship

Thoughtcrimes: A federal circuit court held that a man repeatedly publishing fantasies online about “kidnapping, sexually abusing, and eating women” is not unlawful because such fantasies are “beyond the reach of the government.”

Practice Note

Hacks On, Hacks Off: A district court ruled that car manufacturers cannot be held liable for installing deficient computer systems which leave the car vulnerable to hacking attacks until an actual incident occurs.

On The Lighter Side

Toasty Turkey: A Connecticut teen modified his drone into a fire-breathing turkey roaster.


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

CLIP-ings: December 4, 2015

Internet Governance

Safe Bay For ISPs: A Swedish court ruled that internet service providers cannot be compelled to block access to Pirate Bay, nor held liable for copyright infringement by the file sharing site’s users, because merely hosting the site does not sufficiently constitute participation as required by Swedish law.

Privacy

Broken Pledge: The Electronic Frontier Foundation filed an FTC complaint against Google, alleging that the company broke the Student Privacy Pledge it signed last year by collecting and mining student data through its Chromebook and Google Apps for Education technologies.

Dear John: A Los Angeles city councilwoman proposed a measure that would use license plate reader technology to keep track of vehicles driving in areas known for prostitution and send letters to the registered owners’ addresses.

Information Security And Cyberthreats

This Is Not A Toy: Hong Kong-based toymaker VTech suffered one of the largest security breaches in recent history, revealing personal information such as photos, names, and personal addresses of nearly 5 million adults and over 200,000 children, in part due to inadequate security measures.

Intellectual Property

Meta Domain: A German museum sued the Wikimedia Foundation for hosting photographs of public domain works of art arguing that, although the works themselves are in the public domain, the photographs of the works are still protected by copyright.

Free Expression And Censorship

Mission eFOIA: The FBI streamlined the FOIA request process by implementing a beta version of an electronic request system; previously individuals could only make FOIA requests by mail, email, or fax.

Practice Note

Third Amendment, Reinterpreted? A California assemblyman argues that the little-used Third Amendment – which prevents soldiers from using citizens’ homes as their own without consent during peacetime – could be interpreted to favor halting mass government surveillance.

On The Lighter Side

Spoiler Alert: This Google Chrome browser extension warns users when a webpage contains plot spoilers for the upcoming blockbuster Star Wars: The Force Awakens.


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