CLIP-ings: March 29, 2019

Internet Governance

FTC Orders Broadband Providers To Reveal Their Data Collection Practices: The Federal Trade Commission ordered seven major broadband providers to disclose internal documents about their collection, retention, use, and disclosure of American customers’ personal information to “better understand Internet service providers’ privacy practices.”

HUD Charges Facebook With Housing Discrimination: Just a week after settling multiple lawsuits alleging that its targeted advertising practices are discriminatory, Facebook now faces new charges brought by the Department of Housing and Urban Development that allege that the social network’s targeted advertising system violates the Fair Housing Act.

Privacy

Family Tracking App Leaks Users’ Real-Time Locations: A backend database for popular family tracking app Family Locator was left unprotected, making users’ real-time locations and personal information—including photos and plaintext passwords—easily accessible by anyone who knew where to look; it is unclear how long the database was exposed before it was pulled offline.

Information Security & Cyberthreats

Hackers Used ASUS Software Update Tool To Push Malware: Hackers compromised the update server of computer hardware company ASUS and pushed malware to hundreds of thousands of users’ computers through a seemingly authentic but malicious software update signed with the company’s legitimate digital certificates.

Intellectual Property

EU Passes Controversial Copyright Reform: The European Parliament voted in favor of new copyright rules that will require online platforms to sign licensing agreements with publishers before exhibiting their work and implement procedures to prevent users from uploading copyrighted content.

Free Expression & Censorship

Facebook Shifts Policy On Nationalist Content: Facebook has started banning content that “glorifies” white nationalist and separatist views on the basis that such content is “deeply linked to organized hate groups”; although Facebook has already banned white supremacy, it has until now allowed nationalist and separatist content to protect “broader concepts of nationalism and separatism – things like American pride.”

Practice Note

Grindr Protected By Section 230: The Second Circuit affirmed dismissal of a suit against Grindr brought by a victim who alleged that his former boyfriend created fake profiles on the app to harass him; the court found that the claims, which sought to hold Grindr liable for its “failure to combat or remove offensive third‐party content,” were barred by section 230 of the Communications Decency Act.

On the Lighter Side

We Know You’ll Have Fries With That: McDonald’s plans to roll out new A.I. features to promote different offerings based on factors such as time and weather and to create personalized menus based on customers’ order history.



Joel R. Reidenberg

Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP
Tom Norton
Executive Director, Fordham CLIP
 
Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: March 22, 2019

Internet Governance

Facebook Announces Changes To Ad Platform: After settling multiple lawsuits alleging that it engaged in discriminatory advertising by allowing advertisers to select which users could view ads based on characteristics such as age, gender, and zip code, Facebook announced that it will make changes to its ad platform by the end of the year.

Google Fined One-and-a-half Billion Euros: The EU punished Google for the third time since 2017 for antitrust violations involving the terms under which Google licensed the use of its search bar to third-party websites; the terms required the third party websites to display a disproportionate amount of text ads from Google’s own advertising service over those from competing digital advertising companies.

Privacy

Facebook To Use AI To Combat Revenge Porn: The AI technology will be used to detect “near nude images or videos that are shared without permission,” and will purportedly allow Facebook to filter such content even before it is reported.

Information Security & Cyberthreats

MySpace Loses A Decade’s Worth Of User-Uploaded Data: In a recent server migration project, Myspace lost over a decade’s worth of user-uploaded photos, audio files, and videos; the website issued a notice to inform users that files uploaded more than three years ago “may no longer be available on or from MySpace.”

Intellectual Property

Peddling Past Copyright Laws: A coalition of ten music publishers has sued indoor bike company Peloton for allegedly violating copyright laws by using music by popular artists within its exercise videos without obtaining proper licenses.

Free Expression & Censorship

Websites Blocked For Hosting New Zealand Shooting Video: Internet service providers in Australia and New Zealand have temporarily blocked websites such as 4chan and 8chan that hosted videos of last week’s mass shooting in New Zealand; while blocking requests normally come from law enforcement or courts, the service providers voluntarily blocked access to the websites to limit the spread of the sensitive video.

Practice Note

SCOTUS Passes On Consumer Privacy Harms In Frank v. Gaos: In a per curiam opinion, the Court vacated and remanded the case (which addresses the legality of certain cy pres awards) to the Ninth Circuit for consideration in light of the Court’s 2016 Spokeo v. Robbins decision, which found that a statutory violation alone was insufficient to confer standing, and that plaintiffs must instead prove concrete injury-in-fact.

On the Lighter Side

Crypto Keepers: Payment platform Square’s newest employees will have the option of being paid in Bitcoin.

Announcements

Job and Fellowship Opportunities

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

The New York State Office of the Attorney General’s Bureau of Internet & Technology is hiring a new Assistant Attorney General in NYC. The Bureau of Internet & Technology investigates and litigates cutting-edge law and technology issues (e.g., bots, data security/breach, privacy, online safety, consumer protection, and more). The Bureau seeks an experienced, tech-savvy litigator to join their NYC team. The ideal candidate has a technical education or background, or experience working in/with technology.   

For further information about the post, please click here.



Joel R. Reidenberg

Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP
Tom Norton
Executive Director, Fordham CLIP
Praatika Prasad
Quinn Nicholas D’Isa
Editorial Fellows, Fordham CLIP

CLIP-ings: March 15, 2019

Internet Governance

Facial Recognition Technology In Airports: U.S. Customs and Border Protection is introducing advanced facial recognition technology in the top 20 U.S. airports to verify the identity of all passengers traveling internationally; critics believe that the technology is an invasion of privacy and “another step toward creating a comprehensive tracking system.”

Privacy

Exposed Chinese Database Tracked “Breed Ready” Women: A researcher recently discovered a Chinese database tracking, among other things, the “breed ready” status of about 1.8 million women; though the purpose of the database is unknown, some believe that it may be  part of a Chinese government effort to keep track of fertile women as China’s birth rates reach a historic low.

ICE Employees Have Access to Tracked License Plates: Documents released by the ACLU of Northern California reveal that ICE obtains automated license plate reader data from at least one private company and from more than 80 local law enforcement organizations; the sharing is said to violate local laws and ICE policies.

Information Security & Cyberthreats

Iranian Hackers Stole Citrix Data: The FBI warned software giant Citrix that it had been the target of a hack by the Iranian group Iridium, which compromised the company’s internal network to steal “project data” related to the aerospace industry, the FBI, NASA, and Saudi Arabia’s state-owned oil company; Citrix has claimed that there is “no indication” that the intruders compromised its products or services.

Intellectual Property

Battle Royale Over Fortnite Dance Copyright Dismissed: Lawsuits over the copyright of in-game dances in Epic Games’s Fortnite were voluntarily dismissed after the Supreme Court’s recent ruling in Fourth Estate Public Benefit Corp. v. Wall-Street.com, which held that copyright holders cannot file an infringement lawsuit until the U.S. Copyright Office has acted on their application to register their work.

Free Expression & Censorship

Facebook Flips On Warren Ads: After Senator Elizabeth Warren vowed to break up the tech giants if elected President, Facebook removed several of Warren’s related campaign ads from its platform; the social network has since restored the ads, citing a desire to allow for “robust debate.”

 

Practice Note

Question Mark Kills Defamation Claim: The Sixth Circuit affirmed dismissal of a defamation suit against actor James Woods on the basis that his allegedly defamatory tweet—which questioned whether the plaintiff was a political prop—was “reasonably susceptible to both a defamatory meaning . . . and an innocent meaning,” and therefore was not actionable as a matter of law under Ohio’s “innocent construction rule.”

On the Lighter Side

William Tellephone: An Australian man attempting to photograph a crossbow-wielding stranger on his property was saved when his Android phone intercepted an arrow that the stranger shot at him.

Announcements

Job and Fellowship Opportunities

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

The London School of Economics Law Department is seeking to appoint two fixed-term LSE Fellows.

Fellows are expected to contribute to class teaching on the undergraduate degree programme and other teaching on the undergraduate or postgraduate programme as may be available. Applicants who can teach in the area of IT or Privacy Law for one of the posts are particularly welcome.

Candidates should have a PhD in Law, or be close to completing one by the post start date.  Candidates must be able to demonstrate excellent communication and presentation skills and a capacity to foster an engaging and supportive learning environment for students.

For further information about the post, please click here.


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

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP

CLIP-ings: March 8, 2019

Internet Governance

Allow Me To Reintroduce Myself:  House Democrats reintroduced new legislation that would restore the net neutrality protections that were repealed in 2017; while the bill faces an uphill battle towards becoming law, commentators suggest that its introduction keeps the net neutrality debate alive leading into the 2020 presidential election.

Privacy

Facebook Privacy Shift: Mark Zuckerberg announced that Facebook plans to morph into a “privacy-focused messaging and social networking platform” that emphasizes, among other things, private interactions, encryption, content ephemerality, safety, interoperability, and security.

Google Keeps Tracking App: Google declined to remove the controversial app Absher from the Google Play Store after concluding that it does not violate the company’s terms and conditions; the Saudi government-backed app has drawn criticism from U.S. lawmakers for its use of features that allow Saudi men to track and control the travel of women.

Information Security & Cyberthreats  

Avalanche Of Security Risks: App-connected wireless speakers designed for use inside ski helmets were revealed to have significant security flaws that allow potential hackers to discern a user’s precise geolocation, listen in on their conversations, and acquire their email, username, and phone number.

Hackers Target Instagram Influencers: Hackers claiming to be from the “Instagram Verify Team” are using phishing schemes to gain control of Instagram influencers’ accounts and are threatening account deletion unless users pay a ransom or, in some cases, send nude pictures.

Intellectual Property

Supreme Court To Hear Patent Expense Case: The Supreme Court has granted certiorari in Iancu v. NantKwest Inc. to decide whether the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 encompasses personnel expenses incurred by the U.S. Patent and Trademark Office when its attorneys and employees defend it in Section 145 litigation.

 Free Expression & Censorship

Google Bans Political Ads In Canada: Google will ban political advertising on its platform ahead of the country’s 2019 federal election in light of the new Bill C-76, which passed in December 2018 and requires online platforms to keep a registry of all political advertisements they publish.

 On the Lighter Side

 “ji32k7au4a83”: Data breach repository Have I Been Pwnd found that this seemingly random password has been seen in over a hundred data breaches; the password transliterates from a Mandarin keyboard to “my password” in English. 

Announcements

CLIP Academic Director Joel Reidenberg recently appeared in an NBC News THINK video segment titled The Hidden Dangers of DNA Tests: Do the Benefits Outweigh the Risks?


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

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP

CLIP-ings: March 1, 2019

Internet Governance

FTC Rules Against Diet Pill Seller For Fake Amazon Reviews: In a landmark decision, the FTC ruled against Cure Encapsulations, a diet pill seller, for paying a website to create and post positive reviews about its product on Amazon; the FTC ruling recommended that the company be required to notify prior customers about the claims against it, identify fake reviews, no longer make false claims about the health benefits of its products, and face a largely suspended fine of $12.8 million.

Privacy

FTC Settles With TikTok Over COPPA Violations: As part of a settlement for allegedly violating the Children’s Online Privacy Protection Act by knowingly allowing children to use the app without parental consent, TikTok (formerly known as Musical.ly) has agreed to pay the FTC $5.7 million, delete profiles of children younger than 13, and no longer allow anyone under 13 to create a profile, upload videos, send messages, or leave comments on the App.

Cuomo Asks N.Y. Agencies To Investigate Facebook: Following reports that Facebook allegedly received users’ private medical information without their knowledge or consent in contravention of its own stated business practices, New York Governor Andrew Cuomo announced that he would direct two state agencies to investigate Facebook’s data practices; Cuomo also called on federal authorities to investigate the company’s practices.

Information Security & Cyberthreats

Facebook Planned To Collect Android User Data Privately: Previously unpublished documents seized from the House of Commons Digital, Culture, Media and Sport Committee’s inquiry into the Cambridge Analytica scandal revealed a plan by Facebook to use its app on Android to anonymously collect and store users’ location data and couple it with cell site IDs to create“location-aware” products.

Intellectual Property

Apple Shutters East Texas Stores To Avoid Patent Troll Suits: Apple has begun shutting down its retail stores in the Eastern District of Texas to prevent patent trolls from using Apple’s retail presence there as the basis for arguing that the District is a proper venue for bringing suits against the company; Apple is opening new retail stores just across the border in the Northern District of Texas.

Free Expression and Censorship

Anti-Vaxxers Feel A Prick: YouTube will remove ads from videos that the website says promote anti-vaccination; YouTube’s policies have long characterized such videos as “harmful content” that cannot be monetized, and YouTube claims that the videos slipped past its content filters.

Self-Harm Content Resurfaces on YouTube: YouTube’s child-friendly app “YouTube Kids” was home to a cartoon into which was spliced a video instructing viewers how to commit suicide; though YouTube removed the video from its Kids platform, it later resurfaced on YouTube’s main platform.

Practice Note

Federal Judge Overturns State Cyberstalking Statute: A judge in the Western District of Washington ruled that a provision of the State’s cyberstalking statute prohibiting speech that is intended to “harass, intimidate, torment or embarrass” was “facially overbroad” in violation of the First Amendment.

On The Lighter Side

Year Of The Pig: China’s tech firms are pushing facial and voice recognition technology to “protect” Chinese pigs from a deadly swine disease.

Announcements

CLIP’s newest paper, Trustworthy Privacy Indicators: Grades, Labels, Certifications and Dashboards, is now available for download on SSRN. The article, which is a product of the Usable Privacy Project, will be published in the Washington University Law Review this summer.


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

Tom Norton 
Executive Director, Fordham CLIP

Praatika Prasad
Quinn Nicholas D’Isa 
Editorial Fellows, Fordham CLIP