Month: April 2019

Internet Governance

Facebook Expects Massive Civil Fine For Data Debacles: Facebook warned investors that it expects to incur a fine as high as $5 billion for its mishandling of user data; the civil fine would be the largest ever imposed by the Federal Trade Commission on a tech company for data-related misconduct.

Privacy

Mental Health Apps Share User Data Without Consent: A new study revealed that free anti-depression and smoking cessation apps collect and share users’ mental health data without disclosing the practice in their privacy policies; many of the apps studied shared information that could lend insights into individuals’ online behavior, and some even shared sensitive data such as “health diary entries” and “self reports about substance use.”

NSA Recommends Ending Phone Surveillance Program: The National Security Agency has recommended that the White House end the massive phone surveillance program that collects data from text messages and phone calls in the United States on the basis that “the logistical and legal burdens of maintaining the program outweigh any intelligence benefits it brings.”

Information Security & Cyberthreats

Wi-Fi Hotspot Finder App Exposes 2 Million Network Records: The database for an Android app that allows users to search for nearby Wi-Fi networks and upload information about their own network for others to use left exposed records containing Wi-Fi network names, precise geolocations, basic service set identifiers, and network passwords.

Intellectual Property

YouTube Content Filters Strike Time 100 Event: Universal Music Group and Warner Music Group blocked YouTube’s livestream of the Time 100 Summit on copyright grounds—possibly because YouTube’s ContentID filtering system was triggered by a Taylor Swift performance or by the interlude music that played between presenters.

Free Expression & Censorship

Funding Cut For Right-Wing Militia Group: PayPal and GoFundMe have shut down all fundraising campaigns for the United Constitutional Patriots on the basis that that UCP violates the companies’ policies by supporting hate or violence and allegedly using the funds to purchase guns; UCP denies that it used donations to purchase weapons and says that the cutoff has “killed” its resources.

Sri Lanka Temporarily Shuts Down Access To Social Media: Following the deadly attacks on Easter Sunday, the Sri Lankan government temporarily shut down all access to social media platforms such as Facebook, WhatsApp, YouTube, and Instagram to prevent the spread of misinformation.

On the Lighter Side

No Facial Recognition In The Subway: The New York City Metropolitan Transportation Authority has assured straphangers that monitors in the city’s subways that track riders’ faces are fake, and are simply a trick to deter fare evasion

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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

Internet Governance

Senator Markey Introduces Privacy Bill Of Rights: The consumer data protection bill, which is designed to curb companies’ discriminatory use of data, would require that companies collect consumer information only to provide specifically requested services and would mandate that companies “protect and secure” the consumer information that they possess.

Privacy

Google’s Sensorvault Helps Law Enforcement: Law enforcement officials in the United States are using information stored in a Google database of location records called Sensorvault to identify suspects; after receiving a “geofence request” from law enforcement, Google can look to Sensorvault data to identify devices based on location and movement patterns and can then reveal associated names and email addresses to law enforcement once the field is narrowed to a few devices.

Information Security & Cyberthreats

Hackers Leak Federal And Law Enforcement Agents’ Personal Details: A group of hackers infiltrated websites run by the FBI National Academy Association, stole around 4,000 unique details about members including names, job titles, home addresses, email addresses, and phone numbers, and uploaded the stolen content onto their website.

Intellectual Property

Apple And Qualcomm Settle Patent Royalty Dispute: The settlement results in the dismissal of all litigation between the two companies, and includes a requirement that Apple pay Qualcomm an undisclosed amount; the parties have also reached multi-year license and chipset supply agreements.

Free Expression & Censorship

Google Suspends TikTok In India: After the Madras High Court of India refused to stay its order banning social video and music app TikTok, Google suspended access to the app in the country; the High Court issued the ban after observing pornography and other inappropriate content on the app, and also appointed an independent counsel to examine the app’s implications.

In Trying To Prevent Misinformation, YouTube Shows Unrelated News: During the Notre Dame Cathedral fire in Paris, YouTube’s live streaming coverage displayed an unrelated history overlay about the 9/11 attacks; the mix-up was due to an error in a YouTube algorithm created to fact-check and prevent the spread of misinformation and conspiracy theories on the platform.

Practice Note

Another Anti-Terrorism Act Suit Against Tech Giants Fails: The Sixth Circuit affirmed dismissal of a suit alleging that Twitter, Facebook, and YouTube’s poor self-policing afforded the perpetrator of the Pulse Nightclub shooting encouragement and assistance from ISIS in violation of the Anti-Terrorism Act; the court affirmed the District Court’s finding that the social media sites’ conduct did not proximately cause the shooting.

On the Lighter Side

Get A Zoom, You Two: AI on the camera of Google’s Pixel 3 smartphone is now able to detect when you are puckering up to kiss someone and will automatically take a photo to capture the slimy moment.

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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

Internet Governance

Britain Looks To Fine Social Media Companies For Harmful Content: Online safety laws proposed in the wake of growing concerns over the effects of harmful content on minors would place a duty of care on “any company that allow[s] users to share or discover content or interact online” and would impose fines and personal liability on corporate bosses for failure to eradicate “damaging material.”

Privacy

Ankle Monitor Youth Surveillance: Hundreds of Chicago Youth who are awaiting trial are being required to wear ankle monitors with embedded microphones and speakers; though the stated purpose for the communication capability is to alert wearers when their monitor is low on battery, concerns over the possibility of persistent surveillance have caused law enforcement officials to disable the devices’ recording features pending review. 

Alexa, Does This Look Like A Rash To You? A recent report revealed that Amazon improves its Alexa devices by employing human listeners to evaluate and categorize recorded user data; the report comes shortly after news that Alexa-enabled devices are now able to follow HIPAA compliance guidelines and handle personal medical information.

Information Security & Cyberthreats

Assange Arrested And Charged: After WikiLeaks officials claimed that Julian Assange was being spied on while in the Ecuadorian embassy, the controversial figure was arrested by British authorities and now faces a charge in the United States for conspiracy to commit computer intrusion stemming from his agreement to help Chelsea Manning crack a password to a classified Defense Department computer.

The DEA Secretly Spied On Americans: The Drug Enforcement Administration secretly surveilled Americans who bought money counters between 2008 and 2014 by issuing administrative subpoenas for purchaser information to companies that sold the counters; the bulk data consisted of tens of thousands of names, addresses, and phone numbers, and allegedly helped the DEA seize over $50 million.

Intellectual Property

IBM Alleges Portal Patent Infringement: In a new lawsuit, IBM alleges that travel company Expedia infringed three of its patents related to “graphical user interfaces for customer self-service search systems and customisable portal pages”; IBM claims that the lawsuit is necessary due to Expedia’s unwillingness to negotiate a license agreement for the technology.

Free Expression & Censorship

YouTube Shuts Down Comments During Congressional Hearing: YouTube shut down the comments section on the livestream of a congressional hearing about white nationalism after the section filled with hateful remarks concerning white pride, anti-Semitism, and multicultural societies.

On the Lighter Side

Roomba Burglar: Oregon police responded to a 911 call claiming that someone had broken into a house and found the “suspect” to be a Roomba Robotic Vacuum Cleaner.

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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

Internet Governance

Australia Passes Law On Violent Posts: The legislation obligates content providers to “expeditiously” remove “abhorrent violent material” and imposes fines and criminal penalties for violations; the law is being criticized for being hastily drafted and passed without either consultation with industry experts or public input.

Privacy

Where Everybody Knows Your Login: After facing backlash from security experts, Facebook has stopped its practice of asking some new users to share their email login password to verify their account; users asked for their login information were those who used email clients that did not support the OAuth standard security protocol.

Information Security & Cyberthreats

Over 540 Million Facebook User Records Exposed: Cybersecurity firm UpGuard discovered that the Mexico City-based news website Cultura Colectiva stored the user records, which included comments, reactions, and account names, openly on Amazon servers; Facebook said in a statement that it has worked with Amazon to take down the data and that the company’s policy prohibits information being stored on public databases.

Restaurant Group’s Customers’ Credit Card Information Stolen: From May 2018 through March 2019, hackers used point-of-sale malware to steal the card numbers and expiration dates of over 2 million customers of restaurants such as Bucca di Beppo, Earl of Sandwich, and Planet Hollywood; Earl Enterprises, the restaurants’ owner, has said the breach has been “contained” and that customers should not be at risk when eating at one of its landmark locations.

Intellectual Property

Blogger’s Screenshot Found To Be Fair Use: The Southern District of New York granted a motion to dismiss in Clark v. Transportation Alternatives, Inc. on the basis that a blogger’s use of a screenshot of a New York Post article about dockless bicycles to critique the original article constituted fair use.

Free Expression & Censorship

Facebook Takes Preventative Measures Ahead of Indian Election: Facebook has taken steps to contain false information ahead of India’s national elections that begin on April 11, which include introducing a new WhatsApp feature that that allows Indian users to report false, misleading, or disputed information and deleting hundreds of pages linked to India’s opposition party and Pakistan’s military for “inauthentic behavior.”

Practice Note

Seventh Circuit Allows Warrantless Border Smartphone Search: The Seventh Circuit determined that the Supreme Court’s Riley ruling, which recognized a warrant requirement for phone searches incident to arrest, did not apply to the border search of a cell phone held by a suspected child pornographer entering the country at Chicago’s O’Hare Airport; the court reasoned that the border agents’ good faith and reasonable suspicion of a crime being committed were sufficient to justify the search.

On the Lighter Side

Wake Up! Odd Alarm, a new alarm app, almost guarantees that the unpleasant alarm sounds it offers—including gunshots, glass breaking, and cats fighting—will wake you up.

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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