CLIP-ings: February 26, 2016

Internet Governance

A New Strategy: The Department of Justice has reached out to social media companies and community organizations to support a “counter messaging” approach to attempt to curb the spread of online radicalization.

Privacy

DoD Outed: A court order related to the ongoing criminal investigation of a Silk Road 2.0 administrator confirmed that the Department of Defense paid the Software Engineering Institute of Carnegie Mellon University to share data related to Tor research and also stated that the administrator lacked a reasonable expectation of privacy in his IP address while using the browser.

Information Security And Cyberthreats

How Not To Lose: The Department of Homeland Security released guidelines to aid organizations in the execution of rights granted to them under the Cybersecurity Information Sharing Act, which allows companies to report and share information about cybersecurity threats with the government without breaching privacy obligations.

Das Backdoor: Police in Germany may now push spyware into suspects’ computers and mobile devices to monitor their communications with the “outside world” when lives or national security are at risk and after receiving a court order.

Intellectual Property

Trademark Grounded: The TTAB upheld the USPTO’s decision to deny the registration of a “BOOKING.com” trademark to the website of the same name on the grounds that the term is generic for travel reservation services.

Free Expression And Censorship

Express Yourself? A Pennsylvania federal judge ruled that the right to passively record police conduct is not protected by the First Amendment unless the recording is done for an “expressive” purpose such as to challenge or criticize police behavior.

Your Words Are Ours: After the Chinese government released regulations designed to increase control of foreign media content in the country, President Xi Jinping declared that the country’s news media exists primarily to serve the Communist Party’s objectives.

On The Lighter Side

“Selfie Pay:” MasterCard wants your Insta-skills to enhance online security.


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

Victoria Geronimo
Dean’s Fellow, Fordham CLIP

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: February 19, 2016

Internet Governance

Pushing iOS Boundaries: A U.S. magistrate judge ordered Apple to help the FBI decrypt the iPhone of one of the San Bernardino shooters in order to allow it to access the phone’s data; Apple opposes the order as “an unprecedented step which threatens the security of [its] customers.”

Privacy

Their Eyes Are Watching You: Employers, insurers, and employee wellness firms are hiring health care analytics companies to track employees’ daily habits to predict possible health risks and conditions, prompting concerns over what sensitive information they might uncover.

Information Security And Cyberthreats

Holding Health Hostage: Ten days after hackers seized control of its computer systems, Hollywood Presbyterian Medical Center agreed to pay a ransom of 40 bitcoins worth $17,000 to restore its network access.

Intellectual Property

Copyright Confusion: Wikimedia voluntary removed The Diary of Anne Frank from its website upon finding that the work is protected by U.S. copyright, after mistakenly believing that the copyright had expired.

Free Expression And Censorship

Keyboard Equality? Indonesia’s Ministry of Communications and Information Technology has requested that LINE, an Internet messaging service, remove all emojis that portray signs of affection among same-sex couples on the basis that some consider the emojis offensive.

Practice Note

Quoter Beware: A New York judge upheld a lower court’s denial of a motion to dismiss a legal malpractice suit against an attorney who was quoted in The Wall Street Journal about his client’s pending employment dispute; the client alleges that the quote triggered a no-comment-clause in his employment contract and resulted in the loss of his severance pay.

On The Lighter Side

Flexing It: Was the iPhone 6 ahead of its time?


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

Victoria Geronimo
Dean’s Fellow, Fordham CLIP

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: February 12, 2016

Internet Governance

Forgotten Euro-wide: Google will begin removing information under “Right to be Forgotten” requests from all its search engines accessible to searchers located in Europe.

Privacy

Post-Safe Harbor: The French CNIL ordered Facebook to stop tracking non-users’ Internet activity and cease some data transfers to the United States within three months.

Unified Approach? Congressman Ted Lieu has introduced a bill named the ENCRYPT Act of 2016, which would preempt states from enacting their own anti-encryption laws.

Information Security And Cyberthreats

A Bunch Of Hacks? A hacker group claims to have released the personal information of over 25,000 FBI and DHS employees­—including job titles, names, and contact information—after hacking a DOJ web portal using “fairly basic” techniques.

Intellectual Property

Birthday Reveal: After a California district court found Warner Music Group’s copyright of the “Happy Birthday” song invalid last year, Warner has reached a settlement agreement obligating it to pay $14 million dollars to claimants and to declare the song part of the public domain.

Free Expression And Censorship

Joined By Damages: Florida’s Fourth District Court of Appeal rejected a divorced couple’s First Amendment defense and upheld a $350,000 damage award against them for writing various defamatory reviews about their divorce attorney on Yelp and Avvo.

Practice Note

Exculpatory API: A Pennsylvania judge rejected a defense attorney’s request to inspect the source code of a computer program used to process DNA evidence so the attorney could challenge the validity of the evidence against his client on the grounds that the source code is a trade secret.

On The Lighter Side

Super Bowl Blur: Apple’s CEO Tim Cook probably won’t win the photography world championship.


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

Victoria Geronimo
Dean’s Fellow, Fordham CLIP

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: February 5, 2016

Internet Governance

Safe, For Now: United States and European Union officials reached an agreement on privacy obligations to replace the recently expired Safe Harbor data transfer framework; the agreement still must be approved by the European Commission and analysts expect it to be challenged in European courts.

Privacy

Super Bowl MCMLXXXIV: Over sixty local, state, and federal law enforcement agencies announced they will be surveilling Super Bowl attendees this weekend but have declined to specify which tracking methods they will use and how they will store the data.

Google Me Not: University of California, Berkeley students filed suit against Google, claiming it violated the Electronic Communication Privacy Act by scanning their “academic-affiliated” Gmail accounts for analytical data to sell to advertisers, despite its pledge to cease this practice.

Information Security And Cyberthreats

Bank Heist? A rising threat to banking security are bank tellers, who are susceptible to bribes for selling consumer information due to their access to sensitive information and low pay.

Intellectual Property

Full Court Press: Solid Oak Sketches filed suit against Take-Two Interactive for copyright infringement over the video game company’s use of several NBA players’ tattoo designs in its NBA 2K16 game, which Solid Oak had licensed from the tattoo artists.

Free Expression And Censorship

Down With The Media: Internet censorship by Southeast Asian governments is increasing with Indonesia blocking Netflix; Malaysia banning media site Medium due to corruption claims; and Thailand pressuring Google, Facebook, and Line to censor content.

Practice Note

Patents In SCOTUS: The Supreme Court will review several patent cases this term including ePlus v. Lawson, examining whether an administrative agency may “override a federal court’s judgment on a question of law,” and Halo Electronics v. Pulse Electronics, reviewing the willfulness doctrine and its effect on enhanced damages.

On The Lighter Side

Bird Against The Machine: Police in the Netherlands are training eagles to prey on drones to help enforce no-fly zones.


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

Victoria Geronimo
Dean’s Fellow, Fordham CLIP

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP