CLIP-ings: March 11, 2016

Internet Governance

Fantasy Fulfilled: Virginia is the first state to legalize the operation of daily fantasy sports sites through a series of regulations, which include annual audits, banning employees from using the sites, and paying a $50,000 fee.

Privacy

Employer Do Not Track: The Netherlands Data Protection Authority held that Dutch companies may not track their employees’ active movements and other sensitive health information acquired by a wearable fitness tracker, even with consent.

ISP Privacy Proposal: The FCC introduced a proposal which would prevent internet service providers from giving consumers’ information to a third party without express consent.

Information Security And Cyberthreats

High Tech On The High Seas: Pirates hacked into a shipping company’s server to identify and locate the ship’s cargo and minimize the amount of time the pirates spent sifting through the cargo for valuable items.

Intellectual Property

Creative Coding? A federal district court held that HTML and CSS formatting codes may be copyrightable, despite the Copyright Office Compendium’s assertion that those codes generally do not satisfy the requisite level of creativity for protection.

Free Expression And Censorship

School Sexting: A California state legislator introduced a bill that would allow public schools to expel students under 18 for “sexting” photos or videos “with the purpose or effect of humiliating or harassing” another student.

Practice Note

Patented Privilege: The Federal Circuit held that a limited privilege applies to communications between non-attorney patent agents and their clients, primarily because of a statute authorizing such agents to prosecute patents before the United States Patent and Trademark Office and a Supreme Court ruling that such prosecution constitutes the practice of law.

On The Lighter Side

Hackers, A Retrospective: Daniel Solove rounds up another batch of hacker stock photos, featuring liberal use of ski masks and questionable typing habits.


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: March 4, 2016

Internet Governance

Privacy Shield: Details of the proposed EU-U.S. “trans-Atlantic data transfer agreement” were released, and it recommends stricter regulations for companies and promised limits on America’s surveillance of Europeans’ online information.

Privacy

Unlocking Precedence: A New York federal magistrate judge denied the government’s motion requesting that the court force Apple to unlock an iPhone in connection with a criminal trial, holding that the governments’ interpretation of the All Writs Act was too broad.

Facebooked: A Brazilian Facebook executive was released from jail after refusing to turnover WhatsApp messages in connection with a pending criminal case.

Information Security And Cyberthreats

Phishing Snaps: Snapchat’s payroll department fell victim to a phishing attack when a scammer obtained employees’ information by impersonating the company’s CEO.

Intellectual Property

Country Confusion: The Federal Circuit reversed and remanded a Court of International Trade decision affirming a U.S. Customs’ finding that jeans manufactured in China under the “C’est Toi Jeans USA” unregistered mark did not meet the “country-of-origin labeling requirement,” holding that the meaning of “trademark” within the customs regulation is subject to the Lanham Act’s definition, not the agency’s interpretation.

Free Expression And Censorship

Emoji Crisis: A 12-year old girl in Virginia is being criminally charged with “threatening the school and computer harassment,” after posting certain messages comprised of words and emojis on Instagram.

Practice Note

Food Truck Speech Curbed: A New York federal judge dismissed a lawsuit alleging that New York State officials’ interpretation of what constitutes “government speech” violated food truck owners’ First Amendment rights by refusing to let them operate in front of a state building due to an ethnic slur contained in the name of the truck.

On The Lighter Side

Selfie Free, Way To Be? Mumbai, India has designated 16 spots throughout the city as no-selfie zones in order to limit the amount of selfie-related injuries.


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