CLIP-ings: July 27, 2018

Internet Governance

Full Fibre Ahead! The United Kingdom has embarked on a mission to provide full fibre broadband coverage and 5G access to every resident by 2033; legislation and financial incentives will both be utilized to achieve this objective – all new homes must be equipped with full fibre broadband and £3-5 billion will be budgeted for reaching rural areas.

NSA Takes on Russian Hackers: NSA and Cyber Command Chief Paul Nakasone has unveiled the Russia Small Group, a specialized team dedicated to tackling Russian cyberattacks; the chief also has his sights on China, citing both countries’ election meddling, fueling of social tensions, and stealing classified information.

Privacy

Missouri Live-Streamed: Uber and Lyft are suspending a driver for live-streaming passengers without their knowledge or consent; the taping, however, was legal under Missouri’s one-party consent laws where only one party needs to give permission to record communications.

Politicians and Crooks? The ACLU said Thursday that Amazon’s facial recognition system erroneously matched the photos of twenty-eight Congressmen, including six members of the Congressional Black Caucus, with mugshots of criminals in a test; Amazon’s spokeswoman responded that Amazon recommends using a higher confidence threshold of 95 or above to those using facial recognition for law enforcement activities.

Hands Off My DNA: 23andMe, a popular DNA testing company that provides postal saliva tests, partnered with Pharmaceutical giant GlaxoSmithKline in order to explore drug treatments for health issues such as Parkinson’s disease; while this partnership will allow the drug research community to access valuable DNS data on an unprecedented scale, some are concerned that the customers of 23andMe are being exploited.

Information Security and Cyberthreats

Cyberattacks Incoming: The US Department of Homeland Security warned on Wednesday that hacktivists, cryptominers, and state-sponsored hackers are trying to exploit flaws in Oracle and SAP platforms which are heavily relied upon by US companies and consumers who use cloud services; a report from security companies recommends several prevention strategies which includes disabling unused APIs and unnecessary internet-facing logins.   

Intellectual Property

The “Transportation Visionary”: Lyft was sued on Tuesday by a retired Georgia Tech professor who claimed that Lyft’s business model infringes on his ride-sharing patent filed in 2001; the complaint states that Lyft’s model is “indistinguishable” from Dickerson’s and crucial to its operations.

Free Expression and Censorship

Oxford Study on Global Social Media Manipulation: A new study from the University of Oxford surveys social media manipulation by government actors and their growing influence over it; the number of countries with formally organized social media manipulation campaigns has risen from 28 last year to 48 in 2018, where efforts to eliminate fake news may be used to increase censorship and shape online discourse.

The Community Strikes: Alex Jones stated on Wednesday that YouTube removed four Infowars videos and slapped his channel with a “community strike” that forbids him from broadcasting live on YouTube for 90 days; one of the removed videos featured Jones’ criticism of an online cartoon series called “Drag Tots” in which he compared the creators of the series to Satanists.

Discriminatory Ads: Facebook signed an agreement with the state of Washington promising to stop allowing advertisers to exclude protected classes such as races, religions, and sexual orientations from targeted ads within 90 days; Facebook is already facing a lawsuit from civil rights groups alleging that its ad-targeting tools violate the federal Fair Housing Act.

Practice Note

Operational Impacts of CaCPA – Part I: The California Consumer Privacy Act of 2018 will come into effect on January 1, 2020; serving as a resource, the IAPP has begun a series of articles addressing the law’s scope, notice and transparency obligations, data disclosure requirements, consumers’ new rights of erasure, and consumers’ new cause of action.

On The Lighter Side

So Real You Can Almost Taste It: In honor of National Scotch Day (July 27), the Macallan Distillery has brought a 4D virtual experience to New York City’s Grand Central Terminal; the virtual reality presentation showcases the distillery’s Easter Elchies Estate and tempts the palate.

Announcements

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

http://chk.tbe.taleo.net/chk06/ats/careers/requisition.jsp?org=WEFORUM&cws=41&rid=337

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.

The Ringer Copyright Honors Program with the U.S. Copyright Office is accepting applications.

The Ringer Honors Program is a distinguished public service opportunity for attorneys in the early stages of their career who have strong interest and a demonstrated record of academic or practical success in copyright law.

For more information, see here. Applications are open through September 15th, 2018.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: July 20, 2018

Internet Governance

Google Fined $5 Billion: European antitrust regulators have fined Google and ordered it to stop using Android “as a vehicle to cement the dominance of its search engine” by coercing Android device manufacturers into pre-installing Google Search, its Chrome browser, and Google Play app store; the decision draws mixed criticism, some saying that it is too little, too late, while others (Google) claim stiff competition against Apple negates monopolistic concerns.

Budget Cuts Affect Online Medical Community: As of Monday, the National Guideline Clearinghouse (NGC) has ceased to receive funding; the online database vetted and compiled the best healthcare practices from medical societies and other research, aiding over 200,000 monthly visitors in their daily practice – multiple initiatives aim to restore the database.

Dear Government, Please Regulate Us: In a forceful article by Microsoft President Brad Smith, the company argues that advances in facial recognition technology, and its potential to harm “fundamental human rights protections like privacy and freedom of expression,”  warrant government regulation; the blog post also highlights the deeply political nature of Silicon Valley-Government relations, including contracts with ICE, and the need for the government to proactively regulate forthcoming society-shaping technologies.

Privacy

Constant Monitoring: Uber has begun running constant background checks on its drivers, relying on companies Checkr and Appriss to use Social Security numbers, court records and municipality records to continuously monitor them; the move has some reconsidering the scope of privacy within the workplace.

Something Doesn’t Smell Right: Chinese police have begun using wastewater-based epidemiology (WBE)–testing wastewater for the presence of illegal substances–to locate and arrest illegal drug manufacturers; Chinese scientists originally developed WBE tech to assist governments evaluate the efficiency of drug reduction programs.

Information Security and Cyberthreats

Rivals Cooperate: “[I]n the face of common cyber adversaries, all […] rivalry [between Airbus and Boeing] goes out of the window;” the collaboration between both aviation giants earns praise while highlighting technological risks in a highly consolidated industry.

Does Your Mother Know You’re on Facebook? After U.K.’s Channel 4 reported on Tuesday that Facebook content reviewers are instructed to pretend that they “don’t know what underage looks like,” Facebook made an operational change to its policy, authorizing its content reviewers to lock the accounts of any users appearing to be below the age of 13; Facebook prohibits users under 13 to comply with the U.S. Child Online Privacy Protection Act, which prohibits collecting data on children without parental consent.

Intellectual Property

Too Important to be Private: On Tuesday, the U.S. Court of Appeals for the District of Columbia ruled that non-profit organization did not violate the copyright of a private-sector organization by publishing its technical standards alongside the U.S. laws that reference the standards; the appellants successfully argued that privately developed technical standards necessarily become public when incorporated into U.S. law because everyone has the right to read, understand and share the law.

Say No to Terminators: More than 2,400 AI scientists and organizations joined the Lethal Autonomous Weapons Pledge this week, thereby declaring that they will not participate in the development or manufacture of lethal autonomous weapons—robots designed to attack people without human oversight; those who joined include Google Deepmind and its founders, and Elon Musk.

Free Expression and Censorship

“Best Way to Fight Offensive Bad Speech is With Good Speech”: Mark Zuckerberg generated a heap of backlash on Wednesday by saying that posts from Holocaust deniers should be allowed on Facebook because they are not “intentionally” getting their facts wrong and it is not right to ban people for getting things wrong; Zuckerberg clarified his statement later saying that any post “advocating for violence or hate against a particular group” will be removed.

Practice Note

Impact of Carpenter: TAP has re-published several articles by privacy law scholars discussing the impact of Carpenter v. United States, last month’s U.S. Supreme Court decision widely considered to be a “groundbreaking victory for privacy rights in the digital age”.

On the Lighter Side

Build Your Own Castle (with Legos): Bridging virtual and physical reality, LeoCAD allows your kids to build virtual Lego models before purchasing them online; the open source software offers simplified and advanced features for new users and experienced users alike to achieve their constructive designs.

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.

The Ringer Copyright Honors Program with the U.S. Copyright Office is accepting applications.

The Ringer Honors Program is a distinguished public service opportunity for attorneys in the early stages of their career who have strong interest and a demonstrated record of academic or practical success in copyright law.

For more information, see here. Applications are open thorough September 15th, 2018.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: July 13, 2018

Internet Governance

Are You A Human? A month after federal net neutrality rules expired, the FCC is taking steps to combat the comment fraud that plagued the agency’s net neutrality proceedings; Chairman Ajit Pai wrote to lawmakers that the FCC is planning to implement a CAPTCHA system and rebuild the Electronic Comment Filing System.

Customs IT System May Import Problems: Tasked with replacing the U.K.’s outdated CHIEF customs system, the Customs Declaration System (CDS) is drawing public concern as its August and November deadlines approach; the project highlights the political, fiscal, and technological pressures such projects face, especially where ongoing “Brexit” talks require readiness for various scenarios.

Privacy

Dear Facebook, Guess What Happened: The Federal Court of Justice in Germany has ruled that parents are entitled to access their daughter’s Facebook account after her death; the court compared online data to private diaries and letters that are typically passed down to heirs after death and stated that they should be treated the same.

Who’s Watching Who? Smart TV companies like Samba TV, the New York Times reports, are drawing public concern as their increasingly sophisticated tracking technology allows them to collect ever growing amounts of data from consumers and market it to advertisers; these TVs’ capabilities allow manufacturers to track everything appearing on the screen, deduce political leanings, and detect other connected devices – allowing advertisers to target consumers ever more precisely.

Trading Data for Oil: In a bid to entice consumers to share their driving data, Mitsubishi has released a new app which tracks driving patterns and rewards good drivers with badges they can trade in for prizes, like oil discounts; this information is then shared with insurance companies, potentially increasing or lowering rates according to a consumer’s risk profile.

Information Security and Cyberthreats

Facebook Fined Over Cambridge Analytica Data Breaches: Following publication of its investigative report, the Information Commissioner’s Office (ICO) has fined Facebook “£500,000 for lack of transparency and security issues relating to the harvesting of data,” in breach of the Data Protection Act 1998; Commissioner Denham warned that this “very serious contravention… would face a much higher fine [under the GDPR, effective as of May 25, 2018].”

A Dark Trade: U.S. Air Force MQ9 Reaper drone schematics, training courses on tanks, and live border camera footage are some of the sensitive military materials intelligence researchers say to have found for sale on the dark web – starting at as little as $150; it is believed hackers took advantage of a router vulnerability known since 2016, underscoring the importance of virtual, as well as physical, security.

Intellectual Property

Tattling on the Copycats: YouTube is rolling out a tool for creators that will allow them to see if their videos are being stolen and uploaded by other users; once alerted, the creators can either contact the thief, ask YouTube to remove the copy, or do nothing.

Free Expression and Censorship

Introducing “Real News”: On Wednesday, Facebook announced the first slate of news shows that aim to deliver “trustworthy, informative and local” news; Facebook will be airing daily briefings and deep coverage by handpicked outlets which includes ABC News, CNN, Bloomberg, Univision, Attn, Mic, and controversially—Fox News.

Popularity Should Not Be Bought: On Thursday, Twitter began removing tens of millions of accounts that appear automated or fake in an effort to remedy the pervasive problem of users buying fake followers on Twitter to bolster their reputation; Twitter is expecting the total combined follower count on the platform to drop by around 6 percent as a result.

Practice Note

Cyberthreats to Financial Services: IntSights Cyber Intelligence, a leader in enterprise cyber risk analytics useful to compliance and risk teams alike, released a report outlining five critical threats to financial services: state-sponsored cyberthreats, increased extortion through third party software providers, fake social media profiles and applications, hackers moving to private peer-to-peer channels, and phishing-as-a-service; the study also notes that existing laws and regulations tend to prioritize “direct […] already-known cyber attacks […] neglect[ing] indirect threats that target their customers.”

On the Lighter Side

Oops Shouldn’t Have “Liked” That Photo of the American Flag: Facebook’s algorithm for its advertising platform accidentally tagged 65,000 Russian users as “interested in treason;” Facebook has since removed the interest category.

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.


Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP