CLIP-ings: August 19, 2016

Internet Governance

Government to Relinquish DNS Oversight: The NTIA will allow the IANA functions contract to expire on October 1st, transferring control of DNS to ICANN and signaling an end to US management of ICANN’s administrative activities; however, the government will retain control over .mil and .gov.

Pakistan’s Rigid Security Reform: Pakistan’s National Assembly passed the Prevention of Electronic Crimes Bill 2015, a law that gives the Pakistani Telecommunications Authority broad power over citizen’s use of mobile devices and internet activity by including vague and sweeping language to define illegal activities and providing for harsh penalties.

Privacy

Oracle Unleashes New Data Source: Oracle revealed a new cloud database that includes 400 million business users and one million addressable US companies, the largest forum of audience data geared specifically toward brands that conduct business using “programmatic and data-driven B2B marketing techniques,” but large data quantities face accuracy issues at lower levels.

Real Change to US Surveillance Rules?  The Defense Department issued the first update to its domestic surveillance rules in 30 years; changes include redefining the point at which US personal records are deemed “collected” and requiring the NSA to obtain FISA warrants for nonconsensual physical searches inside the US and collection of targeted US personal data outside the US, but the language reveals loopholes and exceptions to allow for NSA targeting and surveillance.

Information Security and Cyberthreats

Origins of NSA Hack Unclear: A group called the Shadow Brokers posted a cache of files containing sophisticated hacking tools and malware used by cyber hackers linked to the NSA under the name Equation Group; while it remains unclear whether the NSA itself was hacked or whether the leak was an internal error, many suspect Russia is behind the cache’s release.

Intellectual Property

Company Liable for User Copyright: A federal judge found internet provider Cox Communications liable for its customers’ illegal music and movie downloads, despite DMCA’s safe harbor provision that protects companies from their users’ piracy, and ordered Cox to pay $25 million in damages to music rights company BMG.

Free Expression and Censorship

Facebook Censors Significant Video: Facebook banned a Hong Kong politician from the site for a “terms of service violation” after he uploaded a video of him confronting two men in a car that had been following him for a month and who identified their ties to the Chinese Communist Party; Facebook restored the video after the story received media attention.

Practice Note

Improve Security During the Hack: While deterring hackers from obtaining and disclosing information through data center perimeter security is important, a more realistic focus may be on reducing the amount of “dwell time,” the period during which hackers can remain inside an infiltrated network; attackers require time to move around a network and access multiple systems to gather large amounts of data, and a shorter dwell time would limit this movement and lead to more hacking failures.

On the Lighter Side

Meal of the Future? A recent robotic showcase included a demo of a sushi-making robot, created to demonstrate the accuracy and dexterity of a pair of robotic arms.


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

Editorial Fellow, CLIP
Victoria J.A. Loeb

CLIP-ings: August 12, 2016

Internet Governance

Limiting Municipal Broadband Expansion: The Sixth Circuit ruled that the FCC could not prevent Tennessee and North Carolina from regulating to restrict municipal broadband expansion beyond existing boundaries, after the FCC voted last year for an order to preempt such state laws.

Connecting Users in India: Google is enabling internet access for millions of people in India by providing free Wi-Fi at train stations, seeking to maximize online users and advertisement visibility, while Facebook is testing services to deliver cheaper internet access to people in India while maintaining stakeholder sustainability.

Privacy

New Privacy Technology: Apple will incorporate differential privacy into its newest mobile operating system, a technology that will track and collect user activity but will add noise to the data before it is transmitted to prevent accumulation of “raw data” that reveals a specific individual’s activity.

Unprecedented Info for PI’s: A company has combined public and nonpublic records of personal information with marketing, demographic, and behavioral data to create a profile on every American adult for private investigators to access; use of this and like databases must comply with US privacy laws and FTC oversight, but the high volume of searches means that private investigation companies are mostly expected to monitor themselves.

Narrowing Down “Periodic” Review: The DC District Court ruled in a redacted order that the FBI should specify a time frame for its “periodic” reviews of NSL gag orders, finding that a three-year review balances the burdens on the FBI against the company’s countervailing interest in “avoiding a lengthy and indefinite nondisclosure bar.”

Information Security and Cyberthreats

Problems for Australian Census:  Australia’s first online national census, containing personal, economic, religious, and social information and requiring Australians to identify themselves, came under a possible cyber attack when the survey website crashed overnight.

Oracle Payment Systems Infiltrated: A Russian cybercrime group hacked Oracle’s Micros division, one of world’s largest point of sale vendor systems used at over 330,000 payment locations; the company said payment card data is encrypted “both at rest and in transit” in the Micros systems and it will be implementing security measures to prevent another attack.

Election System Critical Infrastructure? Following the DNC hack, the Obama administration may classify US election systems as critical infrastructure and increase their cyber protections; however, US response to attacks on the political process may have varying implications for national security.

Intellectual Property

Viral Videos and Copyright: While news programs that show videos of events shot by people using their mobile phones in real time are protected by fair use, “middlemen” who buy the videos immediately after they go viral and then attempt to license them have established a monetary value to the videos, complicating the fair use formula by skewing one of the factors involved, the market of the use.

Free Expression and Censorship

Muffling Deceptive Links: Facebook is altering its rules for displaying outside content, featuring headlines that “withhold or distort information” farther down rather than ordering outside stories by amount of traffic; the company is concerned about the association between the content it links to and its brand as a function of user happiness.

On the Lighter Side

Meme of 2016: Some memes, like that created by K.C. Green and shared by the Republican Party during the DNC, reach beyond pop culture silliness to resonate as cultural commentary.