CLIP-ings: August 31, 2018

Internet Governance

Defining Competitive Markets: The Eighth Circuit upheld the ruling of the Federal Communications Commission (“FCC”) that a business broadband market with one provider can be “competitive” if another provider is within a half-mile radius of the service area, which enables the FCC to remove price caps in monopolized regions; the court was deferential to the FCC in reasoning that the agency has the authority to “rationally choose which evidence to believe among conflicting evidence.”

FTC Asked to Investigate Verizon: Following Verizon’s recent data throttling of first responders who were battling wildfires in California, a group of senators have called on the Federal Trade Commission (“FTC”) to investigate the controversy; the letter stated that the FCC has “abdicated its jurisdiction over broadband communications.”

Privacy

Data Protection Complaints on the Rise: Since the GDPR went into effect three months ago, the number of data protection complaints has more than doubled; the Information Commissioner’s Office in the U.K. attributes the spike to greater privacy awareness and recent high-profile data scandals and expects the figures will continue to climb.

Inbox Scanning: Oath confirmed that humans and algorithms scan over 200 million Yahoo! users’ promotional emails to create data segments to sell to advertisers; the practice takes place as Yahoo! continues to compete with Gmail and face unfavorable public perception after a series of data breaches in recent years.

Information Security and Cyberthreats

PIN Vulnerability: Following the recent T-Mobile database breach, two security researchers uncovered flaws in third-party websites that allowed an interested party unlimited attempts at guessing T-Mobile and AT&T customers’ PIN numbers; Apple and Asurion have confirmed that all vulnerabilities have been addressed.

The Key to Two-Factor Authentication: Google’s internal security kit, which serves as a physical tool for two-factor authentication, was made available to the public yesterday and consists of one USB key and another that supports Bluetooth and NFC for mobile devices; Google reports there have been “no reported or confirmed account takeovers since implementing security keys at Google.”

Intellectual Property

IP Address Not Enough to Catch Pirate: The Ninth Circuit held that an internet protocol address used to illegally download copyrighted films, standing alone, is insufficient to state a direct copyright infringement claim against the registered subscriber of the IP address, affirming the dismissal of a copyright infringement lawsuit against an owner of an adult foster home where someone downloaded pirated copies of the movie “The Cobbler”; the contributory infringement claim similarly failed because the complaint contained no allegations that the registered subscriber encouraged or assisted the copyright infringement.

NAFTA Creates Copyright Confusion: After the Trump Administration reached a preliminary agreement with Mexico to revise NAFTA, the Office of the U.S. Trade Representative (“USTR”) created confusion by posting a fact sheet that indicates the copyright term would “extend” to 75 years; it remains unclear whether this means there will be an extension of the copyright term, which is currently the life of an author plus 70 years for most works owned by individuals – one official at the USTR told the Hollywood Reporter that the fact sheet did not extend the copyright term because it referred to “publication based” works with a 95 year term, while other officials told reporters that they mean to extend the copyright term to life plus 75 years.

Free Expression and Censorship

Gun Blueprints In The Mail: Defense Distributed founder Cody Wilson began selling blueprints of 3-D printed firearms at a price determined by the customer, despite a federal judge’s court order requiring the State Department to continue blocking him from publishing his blueprints; Wilson believes his strategy to sell the blueprints by emailing them or mailing them on USB drives is permitted because the judge ruled that the blueprints “cannot be uploaded to the internet, but they can be emailed, mailed, securely transmitted, or otherwise published within the United States.”

Facebook Finally Bans Myanmar Leaders: After criticism for failing to remove the Myanmar army’s anti-Rohingya posts, Facebook acknowledged that it was slow to respond to the problem, pledged to hire more Burmese-speaking monitors, and banned Myanmar military officials and army chief from the platform for using Facebook to spread false information about the Rohingya and promote “hate and misinformation,” making it the first time Facebook banned a country’s military and political leaders.

Practice Note

Better Get It In Writing: A California judge granted Johnny Depp’s bid to dismiss a claim by his former attorneys and found that an oral agreement entitling Depp’s former attorneys to a percentage of Depp’s earnings was invalid, citing a statute that requires contingency fee agreements to be in writing; the ruling will likely change how attorneys and actors execute their agreements and may motivate other actors displeased with their counsel to seek similar legal claims.  

On The Lighter Side

A Look Into Unseen Amazon Tribe: Ever wonder what life is like for Amazon Tribes? Now you can find out. Using a drone, a Brazilian government agency filmed the first footage of an extremely isolated tribe in the Amazon. Still photos are available on the agency’s website and drone footage can be viewed on YouTube


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

Subrina Chowdhury
Tommine McCarthy
Editorial Fellows, Fordham CLIP

CLIP-ings: August 24, 2018

Internet Governance

Fight Over Net Neutrality Continues: This week saw 23 State Attorneys General file a brief for Government Petitioners in Mozilla Corp., et al., v. FCC, Docket No. 18-1051 (D.C. Cir. 2018) seeking to vacate the FCC’s roll back of net neutrality; the brief labels the FCC order as “arbitrary and capricious,” allowing “internet service providers to put their profits before consumers while controlling what we see, do, and say online.”

End Secret Profiling: Responding to the FTC’s request for public comments on “implications associated with the use of algorithmic decision tools, artificial intelligence, and predictive analytics,” the Electronic Privacy Information Center (EPIC) advises the FTC to “increase accountability for the automated processing of personal data through algorithmic transparency.”

Alternatively – Self-Regulate: In its continued efforts to weed out fake news, electoral interference, and ideological actors (Alex Jones), Facebook has created a new, undisclosed, algorithm to predict user “trustworthiness;” the reputation score supposedly avoids the bias inherent in a user-dependent reporting scheme but prompts questions about composition and score sharing.

Privacy

The Constitution as a Privacy Shield: In the wake of a Reuters’ overview of the current state of China’s growing tech-based surveillance state, TechDirt highlights that the United States, an otherwise similarly security-inclined country, can still count on the Constitution to protect individual rights; is it enough? As put by one of its drafters, “Those who would give up Essential Liberty, to purchase a little Temporary safety, deserve neither Liberty nor Safety,” Benjamin Franklin.

Letting The Cameras Do The Work: Washington Dulles International Airport, one of the first 14 airports to implement a facial recognition technology, has caught its first imposter–a Brazilian man using a fraudulent French passport–merely three days after the launch of its facial comparison program; The US Customs and Border Protection is hoping to replace boarding passes and IDs with facial recognition in the future.

Information Security and Cyberthreats

  • Microsoft v. Russian Hackers: Microsoft raised the alarm on Monday when it spotted and neutralized 6 websites attempting to impersonate conservative think tanks; the event marks the twelfth time Microsoft has used a U.S. court order to take down Russian group APT28-backed domains (84 fake websites removed thus far) attempting to hack politicians and spark discord online.

Australia bans Huawei: Following the advice of its security agencies, Australia has banned Chinese telecoms firm Huawei from supplying equipment for a 5G mobile network; Australia cited risks of foreign interference and hacking in Australian politics as the reason for the decision.

Free Expression and Censorship

  • Apple Removes 25,000 apps from App Store: Following increasing negative state media coverage in China, Apple has reportedly removed thousands of apps running counter to Chinese regulations which label activities like gambling as illegal.  

Taylor v. Twitter: The California Court of Appeal for the First District ruled in favor of Twitter last week stating that Section 230 of the Communications Decency Act protects service provider’s decision to restrict third party content on its platform; Goldman discusses the implications of the decision in this blog post.

On The Lighter Side

  • There May Be Hope For This Generation: A report released by the Pew Research Center found that 54 percent of teens are concerned that they spend too much time on their smartphones; 52 percent of teens have also undertaken measures to cut down on their cell phone use, to the relief of the majority of parents that worry about their teens’ phone usage.  

Announcements

Job and Fellowship Opportunities

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

Bureau of Internet & Technology at the NYS Attorney General’s Office seeks tech-savvy Attorney and Engineer.

The Bureau of Internet & Technology at the NYS Attorney General’s Office investigates and litigates cutting-edge law & tech issues, e.g., bots, data security/breach, privacy, online safety, consumer protection, and more.  This past year alone, our investigations and lawsuits have included:

–   submission of fake comments on net neutrality to the FCC;

–   data breaches at Equifax and Uber;

–   bot-related fraud on social media and in the resale of concert tickets;

–   online tracking of children;

–   suing Charter/Time Warner for false claims about internet speeds;

–   and more:  http://on.ny.gov/2fuC1ei

Summary of position (engineer):  Our office highly values engineers who make it possible for us to tackle complex, data-intensive problems that others are not capable of addressing.  A substantial portion of the work will be on projects with the Bureau of Internet & Technology, one of the only government agencies focused exclusively on investigating and holding accountable people and entities that use technology for illegal ends; while the remainder of the work will be on tech-heavy matters for other bureaus within the office (for example, using Bayesian modeling to determine racial bias in online offerings to consumers; using machine learning to identify key communications and images relevant to cases).  Ideal candidates are experienced with, and expert in, programming and web development tools (JAVA, Python, PHP, SQL, Ruby) and Linux command line tools and container tech (Docker, etc.).

To apply:  https://goo.gl/dTTXTn

Summary of position (attorney):  We seek an experienced, tech-savvy litigator to join our team. The ideal candidate has a technical education or background, or experience working in tech or with technology.

To apply:  https://goo.gl/7ZJv2S

We intend to fill the positions quickly, so we hope to hear from interested candidates soon.

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: August 17, 2018

Internet Governance

Cap on Cabs: Major De Blasio signed a bill on Tuesday that will cap the total number of drivers working for Uber, Lyft and other ride-hailing services in NYC; the cap will last for a year while the city studies the effects of the ride-hailing industry on the city.

The Turkish Boycott: Turkish President Recep Erdogan has declared that sanctions will be placed on U.S. electronic goods, including iPhones, in an effort to promote production and exportation of the country’s own goods; Erdogan has also been calling on the Turks to exchange U.S. dollars into lira in order to “maintain the dignity” of the currency.  

Privacy

Tracking Down Welfare Fraud: Sacramento welfare investigators with the Department of Human Assistance have been tracking license plates to identify fraud, reported the Sacramento Bee on Friday; Electronic Frontier Foundation noted that DHA had not implemented the mandated privacy and use policies for its use of the license plate data.

Behavioral Biometrics: A growing number of banks and online retailers are secretly tracking user’s behavior biometrics—which includes scrolling and typing behavior— in attempts to identify fraudulent users; while companies designing the underlying software laud the solution as an accurate and nonintrusive security measure, privacy experts are concerned about the lack of consumer protections.

Information Security and Cyberthreats

Uber Seeks Help: After encountering a series of security-related scandals in the past year, Uber has hired Matt Olsen, the former general counsel of the NSA and director of the National Counterterrorism Center; Olsen’s priority is to increase transparency and unify the security team within the company.

“Dereliction of Duty”: Following last week’s report which found the alleged DDOS attack on the agency’s comment system to be made up, several lawmakers sent a letter to Chairman Ajit Pai stating that his ignorance of the falsehood signified a “dereliction of [his] duty”; the FCC has until August 28th to respond to several questions in the letter which includes the exact date when his office first became aware that the events were possibly not an attack.

Intellectual Property

When You Can’t Beat ‘Em, Steal Their Identity? Carol Becker, an elected official on the Minneapolis Board of Estimate and Taxations raised controversy by registering a business and a trademark for “Wedge LIVE,” the name of a blog that frequently criticized her; according to the records of the U.S. Patent and Trademark Office, her trademark filings were cancelled after an outpouring of support for the blog.

Free Expression and Censorship

Time-Out For Infowars: Following the lead of other social media platforms like YouTube and Facebook, Twitter has temporarily disabled Alex Jone’s account to a read-only mode that only allows browsing; some are criticizing the actions that platforms have taken against Jones as internet censorship.

Google’s Secret Project: About a thousand Google employees have signed a letter opposing Google’s plan to build a censored search and news app for China; the letter called for increased transparency, arguing that the employees currently “do not have the information required to make ethically-informed decisions” about their work, projects, and employment.

Policy Against “Credible Violence”: Facebook is training AI to remove content calling for violence against Rohingya people in Myanmar; although Facebook had been reluctant to remove content in the past, it recently updated its policy to allow removal of content with the “potential to contribute to imminent violence or physical harm” and have been undertaking similar strategies in other countries like Sri Lanka and India.

On The Lighter Side

An Easy Fix? A new Kickstarter project called TechDen attempts to curve children’s smartphone addictions with a smart box that stores smartphones and sends notifications to parents.

Announcements

Job and Fellowship Opportunities

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

Bureau of Internet & Technology at the NYS Attorney General’s Office seeks tech-savvy Attorney and Engineer.

The Bureau of Internet & Technology at the NYS Attorney General’s Office investigates and litigates cutting-edge law & tech issues, e.g., bots, data security/breach, privacy, online safety, consumer protection, and more.  This past year alone, our investigations and lawsuits have included:

–   submission of fake comments on net neutrality to the FCC;

–   data breaches at Equifax and Uber;

–   bot-related fraud on social media and in the resale of concert tickets;

–   online tracking of children;

–   suing Charter/Time Warner for false claims about internet speeds;

–   and more:  http://on.ny.gov/2fuC1ei

Summary of position (engineer):  Our office highly values engineers who make it possible for us to tackle complex, data-intensive problems that others are not capable of addressing.  A substantial portion of the work will be on projects with the Bureau of Internet & Technology, one of the only government agencies focused exclusively on investigating and holding accountable people and entities that use technology for illegal ends; while the remainder of the work will be on tech-heavy matters for other bureaus within the office (for example, using Bayesian modeling to determine racial bias in online offerings to consumers; using machine learning to identify key communications and images relevant to cases).  Ideal candidates are experienced with, and expert in, programming and web development tools (JAVA, Python, PHP, SQL, Ruby) and Linux command line tools and container tech (Docker, etc.).

To apply:  https://goo.gl/dTTXTn

Summary of position (attorney):  We seek an experienced, tech-savvy litigator to join our team. The ideal candidate has a technical education or background, or experience working in tech or with technology.

To apply:  https://goo.gl/7ZJv2S

We intend to fill the positions quickly, so we hope to hear from interested candidates soon.

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: August 10, 2018

Internet Governance

Shipping Adopts Blockchain: From Singapore to Denmark, 94 port operators and shipping companies are joining a blockchain-run platform developed by IBM and Maersk; the platform, TradeLens, is still in its pilot phase but it aims to streamline data sharing in a traditionally paper trail heavy industry by digitizing the supply chain process.

Hold Your Ubers: Wednesday saw New York City Council pass regulations which will cap the number of ride-hailing vehicles on the road for one year and require that drivers be paid a minimum wage; critics worry that supply-and-demand meddling will cause ride shortages and raise prices.

More Scrutiny for Huawei: The use of aging US software set to expire in 2020 by the Chinese telecom giant has British officials concerned; the suspicion is that once security updates cease, British telecoms may become targets for cyberattacks or covert surveillance.

Privacy

Integration vs. Distrust: As Facebook holds talks with banks to promote Messenger as a customer-bank communication tool, critics have been quick to highlight data security and privacy issues with the company in the wake of its Cambridge Analytica scandal; at least one major US bank has left the talks.

Information Security and Cyberthreats

Drone Strikes in Venezuela: Two drones armed with explosives allegedly attempted against President Nicolas Maduro’s life on Saturday; Maduro was quick to accuse the “far right,” Colombian President Juan Manuel Santos, and detractors in the United States – multiple detentions have since been made.

Intellectual Property

The Power of Tech: A study by The Corner points at China’s directed efforts to grow its technological sector as responsible for its recent ranking amongst the world’s 20 most innovative countries according to a World Intellectual Property Organization index; China’s R&D spending as a percentage of GDP (2.1%) now surpasses the Eurozone’s 1.9% average.

Free Expression and Censorship

What is Real? Pressures to suppress “foreign” meddling and “misinformation” took their toll on Facebook when it deleted an anti-right-wing event created by an “inauthentic” organization; Facebook’s admission that it did “[not] have all the facts,” and its page removal, without giving its very “real” planners and thousands of registered participants a chance to present evidence, have drawn public criticism.

More Info-Wars: This week saw censorship of conspiracy theorist Alex Jones escalate with Apple, YouTube, Spotify, and LinkedIn banning several of his podcasts as well as his personal and Infowars profiles; attempts to brand his outrageous comments as hate speech raise questions about tech giants’ ability to define and regulate free speech.

Practice Note

Two Strategies Against NPEs: Highlighting a rise in sports technology company targeting by “non-practicing entities,” also known as patent trolls, Mondaq highlights two useful defense strategies: recurring to Inter Partes Review and forming Joint Defense Groups.

On The Lighter Side

Sleepover Cancelled: In its latest round of contests, Airbnb sought to offer competitors a chance to win a sleepover in one of the Great Wall’s guard towers, Chinese authorities object; Airbnb says the campaign was “based on months of communication and agreement,” Chinese officials differ.

Announcements

Job and Fellowship Opportunities

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

Bureau of Internet & Technology at the NYS Attorney General’s Office seeks tech-savvy Attorney and Engineer.

The Bureau of Internet & Technology at the NYS Attorney General’s Office investigates and litigates cutting-edge law & tech issues, e.g., bots, data security/breach, privacy, online safety, consumer protection, and more.  This past year alone, our investigations and lawsuits have included:

–   submission of fake comments on net neutrality to the FCC;

–   data breaches at Equifax and Uber;

–   bot-related fraud on social media and in the resale of concert tickets;

–   online tracking of children;

–   suing Charter/Time Warner for false claims about internet speeds;

–   and more:  http://on.ny.gov/2fuC1ei

Summary of position (engineer):  Our office highly values engineers who make it possible for us to tackle complex, data-intensive problems that others are not capable of addressing.  A substantial portion of the work will be on projects with the Bureau of Internet & Technology, one of the only government agencies focused exclusively on investigating and holding accountable people and entities that use technology for illegal ends; while the remainder of the work will be on tech-heavy matters for other bureaus within the office (for example, using Bayesian modeling to determine racial bias in online offerings to consumers; using machine learning to identify key communications and images relevant to cases).  Ideal candidates are experienced with, and expert in, programming and web development tools (JAVA, Python, PHP, SQL, Ruby) and Linux command line tools and container tech (Docker, etc.).

To apply:  https://goo.gl/dTTXTn

Summary of position (attorney):  We seek an experienced, tech-savvy litigator to join our team. The ideal candidate has a technical education or background, or experience working in tech or with technology.

To apply:  https://goo.gl/7ZJv2S

We intend to fill the positions quickly, so we hope to hear from interested candidates soon.

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: August 3, 2018

Internet Governance

China Commands, Google Complies: Eager to return to the Chinese market, Google is getting ready to launch a censored version of its search engine following an agreement reached in December 2017 between CEO Sundar Pichai and a top Chinese government official; project “Dragonfly” will blacklist queries about human rights, democracy, religion, and prohibited literature amongst others.

Strikes End, Unrest Remains: Following six days of nationwide strikes and a government meeting on Wednesday, Spanish taxi drivers have decided to go back to work and lift their city blockades, for now…; the delicate truce was reached after the central government agreed to respect the 1:30 chauffeured vehicle (e.g. Uber) licenses to taxi ratio and to delegate regulatory power to regional governments.

My Data, My Rules: A draft National Policy document reviewed by Reuters shows that the Indian government is considering compelling foreign tech giants to store data locally; the proposal also calls for tightening scrutiny of mergers, big or small, in the e-commerce sector.

Privacy

The “Quiet Skies” Program: The Boston Globe reported on Saturday that TSA launched a new initiative in March called “Quiet Skies” which deploys air marshals to gather intelligence on civilians not on terrorist watch lists; the experts on civil liberties as well as air marshals expressed concerns about the legality of this domestic surveillance program.  

Passing The Buck: After Amazon’s facial recognition system erroneously matched 28 members of Congress with criminal mugshots last week, Amazon published an official blog post inviting the US government to weigh and specify the confidence level that law enforcement agencies must use when using facial recognition technology.    

Information Security and Cyberthreats

NSA Procrastinates: According to the audit conducted by the NSA Inspector Governor’s Office, many of the problematic security policies from the Snowden-era have not been addressed as of March 31, 2018; the audit also showed that the NSA has failed to adopt the latest federal security guidance as well as an accurate or finished computer security plan.

Intellectual Property

Unsavory Loss for KitKat: The South China Morning Post puts into perspective KitKat’s dismissed appeal to trademark its four-finger shape by highlighting other cross-border trademark battles between international rivals; China in particular may be challenging for firms like Apple, which has had to pay $60 million to use the “iPad” name on the mainland.

Free Expression and Censorship

Democratization of “Likes”: Facebook is introducing a “downvote” button to a wider group of users in the US which will allow them to “support comments that are thoughtful, and demote ones that are uncivil or irrelevant”; Reddit, another popular social platform, has long used the upvote-downvote system, which researchers believe causes a groupthink effect called the “hivemind.”  

Ross v. City of Jackson: Professor Eric Goldman discusses the Eighth Circuit’s decision to revoke qualified immunity for police officers alleged to have committed deprivation of civil liberties; the plaintiff sued officers after he was jailed for several days for writing a sarcastic comment on Facebook that asked which gun he needed to shoot up a kindergarten.

Facebook Abides: A Facebook VP stated on Friday that the social network has removed 362 posts in compliance with NetzDG, a new German law against online hate speech which requires removal of offending posts within 24 hours of receiving a complaint; this statement comes after Mark Zuckerberg faced intense criticism last week for saying that posts by holocaust deniers should not be removed from Facebook.

Practice Note

WIPO ADR Guide Updated: A summary of the World Intellectual Property Organization’s updated guide highlights the numerous advantages of alternative dispute resolution in IP disputes, including: party autonomy, flexibility, time and cost savings, confidentiality, and finality.

On The Lighter Side

The Phone Cleanse: Comcast invites you to try seven tips and challenges to reduce phone use and exposure for a week, including a 24-hour Notification Fast and Sleep Separation.

Announcements

Job and Fellowship Opportunities

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

Bureau of Internet & Technology at the NYS Attorney General’s Office seeks tech-savvy Attorney and Engineer.

 

 

The Bureau of Internet & Technology at the NYS Attorney General’s Office investigates and litigates cutting-edge law & tech issues, e.g., bots, data security/breach, privacy, online safety, consumer protection, and more.  This past year alone, our investigations and lawsuits have included:

–   submission of fake comments on net neutrality to the FCC;

–   data breaches at Equifax and Uber;

–   bot-related fraud on social media and in the resale of concert tickets;

–   online tracking of children;

–   suing Charter/Time Warner for false claims about internet speeds;

–   and more:  http://on.ny.gov/2fuC1ei

Summary of position (engineer):  Our office highly values engineers who make it possible for us to tackle complex, data-intensive problems that others are not capable of addressing.  A substantial portion of the work will be on projects with the Bureau of Internet & Technology, one of the only government agencies focused exclusively on investigating and holding accountable people and entities that use technology for illegal ends; while the remainder of the work will be on tech-heavy matters for other bureaus within the office (for example, using Bayesian modeling to determine racial bias in online offerings to consumers; using machine learning to identify key communications and images relevant to cases).  Ideal candidates are experienced with, and expert in, programming and web development tools (JAVA, Python, PHP, SQL, Ruby) and Linux command line tools and container tech (Docker, etc.).

To apply:  https://goo.gl/dTTXTn

Summary of position (attorney):  We seek an experienced, tech-savvy litigator to join our team. The ideal candidate has a technical education or background, or experience working in tech or with technology.

To apply:  https://goo.gl/7ZJv2S

We intend to fill the positions quickly, so we hope to hear from interested candidates soon.

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