Month: May 2022

Internet Governance NY Attorney General Investigates Platforms Over their Roles in Buffalo Shooting: Following reports that the gunman who killed 10 in a racially-motivated shooting in Buffalo earlier this week planned his attack on Discord, Attorney General Leticia James announced that her office will investigate the extent to which not only Discord, but platforms including Twitch, 4chan, and others, were “used to stream, promote, or plan,” or “discuss and amplify,” the attack.

Privacy Senate Democrats Urge the FTC to Investigate ID.me: A group of lawmakers led by Senator Ron Wyden have asked the Commission to investigate whether the identification-services company misled the public by claiming that it did not employ “one-to-many” facial recognition techniques, only to later backtrack on that claim. The IRS has relied less on the company due to privacy concerns, but many state and federal agencies still use it to verify the identities of Americans seeking vital services.

Information Security and Cyberthreats 1.8 Million Texans’ Personal Data Exposed for Three Years: A recent state audit report revealed that information including the names, addresses, birthdates, and Social Security numbers of Texas residents who filed workers’ compensation claims with the state’s Department of Insurance was available online due to a “glitch in the programming code of the department’s web application.”

Intellectual Property Singapore Supreme Court Enjoins Sale and Transfer of Bored Ape Yacht Club NFT: The case is touted as one of the first of its kind in recognizing NFTs as an asset, as well as in establishing Singaporean courts’ jurisdiction over blockchain-based assets. The injunction prevents the sale of the NFT held by an escrow agent as collateral for a foreclosed loan.

Freedom of Expression and Censorship Supreme Court Asked to Block Texas Social Media Law: An unlikely group of allies from the tech and advocacy spheres has petitioned the Court to block the controversial law, which sprung into effect last week following a decision by the Fifth Circuit Court of Appeals. Texas has argued that the law should remain in effect.

Practice Note Department of Justice Issues New CFAA Charging Guidance: The Department’s revised policy for Computer Fraud and Abuse Act charges clarifies that “good-faith security research” should not be charged, and that certain “hypothetical CFAA violations that have concerned some courts and commentators,” such as embellishing an online dating profile contrary to the service’s terms, using a pseudonym on a social networking site that prohibits them, or checking sports scores or paying bills at work, are not on their own sufficient for charges.

On the Lighter Side Elders Turning to TikTok to Combat Ageist Stereotypes: New research reveals a “counter-cultural phenomenon” in which users over 60 increasingly turn to the popular platform to create sometimes-viral content that “embrac[es] or even celebrat[es] their aged status.”

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Alvaro Bedoya Confirmed as FTC Commissioner: After Senate Majority Leader Chuck Schumer invoked a discharge petition to advance a vote to the full Senate out of a deadlocked Commerce, Science and Transportation Committee, Bedoya was confirmed on a tie-breaking vote cast by Vice President Kamala Harris. The confirmation gives Democrats a majority on the Commission, which will likely lead to more aggressive enforcement against tech companies and new privacy regulations.

Privacy ICE’s Sweeping Surveillance Capabilities Highlighted in New Report: A report by Georgetown Law’s Center on Privacy & Technology reveals that Immigration and Customs Enforcement has built “a surveillance system that can investigate the majority of U.S. adults” by acquiring, for example, driver’s license data and data from utilities accounts. Review of ICE contracts reveals that the agency bypasses legal limits on surveillance by purchasing information from data brokers. Clearview AI to Restrict Software Sales to Law Enforcement: As part of a settlement in a 2020 suit alleging that the controversial facial recognition company violated Illinois’ Biometric Information Privacy Act, Clearview will be prohibited from making its product available to private companies or individuals.

Information Security and Cyberthreats U.S. Offers $15 Million for Help Identifying and Apprehending Hackers Behind Ransomware Attack on Costa Rica: The country’s president has declared a state of emergency after individuals associated with the Conti hacking group attacked Costa Rican government systems, including those of its treasury and Labor and Social security ministries, and shared pilfered data online.

Intellectual Property Google Begins Paying News Publishers for Content in EU: The company announced that, in light of the bloc’s Copyright Directive, it has struck deals with 300 publishers to license their content for use in snippets and thumbnails in search results. Google also released a new tool to help other publishers negotiate licensing agreements with the company.

Freedom of Expression and Censorship Texas Social Media Censorship Law Restored: HB 20, which allows social media users to sue platforms if they believe they have been banned for expressing political views, has come back into effect after the Fifth Circuit Court of Appeals lifted a temporary injunction issued late last year.

On the Lighter Side Twitter Gamifies Privacy: In conjunction with a new privacy policy, the social media platform introduced an 8-bit game that users can play to learn about its privacy practices.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Apple Faces Scrutiny from EU Competition Regulators Over Contactless Payments: The European Commission has accused Apple of abusing its dominant market position by restricting third-party access to technology necessary to develop a mobile wallet to rival Apple Pay. Apple denies the claims.

Privacy Outlawing Abortion Could Lead to Digital Privacy Crisis, Senator Warns: Senator Ron Wyden (D-OR) warned that if the Supreme Court overturns Roe v. Wade, digital data may be utilized to track women who have had abortions. Already, in at least two states, women have been charged with murder after miscarrying, in part due to evidence gathered from the women’s internet search history and phone messages indicating that they considered purchasing abortion pills.

Information Security and Cyberthreats UK’s National Health Service Hit By Phishing Scam: A phishing operation compromised over one hundred NHS email accounts over the course of about six months starting in October 2021. The attackers harvested online credentials from their victims and, in a few cases, tricked them into sending money.

Intellectual Property Apple Sues Start-Up for Allegedly Stealing Trade Secrets: According to a complaint filed in the Northern District of California, a California-based start-up that builds computer chips poached Apple employees and convinced them to copy confidential documents before leaving the company.

Freedom of Expression and Censorship European Court of Justice Upholds Use of Content Filters: The Court issued a ruling that recognizes the tension between Article 17 of the EU’s Copyright Directive, which imposes liability on big tech companies that allow copyright-infringing material on their platforms, and the Charter on Fundamental Human Rights of the European Union, which guarantees freedom of expression. The Court acknowledged that the obligation to review content creates a “de facto requirement” to use automatic recognition and filtering tools, but argues that there are enough safeguards in place to ensure that any technology being utilized will not otherwise violate EU law.

Practice Note Federal Judge Orders Every ISP in America to Block Three Pirate Streaming Services: After none of the Doe defendants in a DMCA case filed in the Southern District of New York responded to the complaints or showed up to court, a federal judge issued an order requiring every internet service provider in the country to block the offending websites, as well as an injunction against the defendants and others who provided services to the defendants or may do so in the future.

On the Lighter Side AI Helped Scientists Design a Plastic-Eating Enzyme: The synthetic enzyme, designed by researchers at University of Texas Austin, can break down plastic in as little as 24 hours in ambient temperatures that can mirror real-world environments.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP Elyssa Diamond Editorial Fellow