Month: June 2022

Internet Governance TikTok Updates Branded-Content Policy in Light of EU Rules: Following a complaint by a consumer-rights organization alleging that the company failed to protect users against hidden advertising in violation of EU rules, TikTok worked with the European Commission to update its branded-content policy to prohibit “inappropriate products and services” and “get rich quick” schemes. Meta Settles with DOJ over Discriminatory Housing Ads: To settle the DOJ’s suit, which alleged that Facebook enabled landlords and property sellers to discriminate against housing seekers based on race, sex, religion, and other characteristics, Facebook will stop using its Special Ad Audiences tool in connection with advertisements related to housing, employment, and financial services.

Privacy TikTok-Oracle Partnership Aimed at Securing User Data, but Privacy Concerns Remain: The companies have joined forces to route data from TikTok’s U.S. users through Oracle’s servers to better safeguard user privacy and TikTok’s systems. Nevertheless, recordings of internal TikTok staff meetings suggest that the company’s China-based employees regularly access U.S. user data.

Information Security and Cyberthreats New Report Sheds Light on Early Russian Cyber Efforts in Ukraine Conflict: A new report by Microsoft reveals that early in the Russia-Ukraine conflict, Russia launched more cyberattacks than was previously known, but that over two-thirds of them were unsuccessful–due in large part to Ukraine’s preparedness to fend off the attacks. The report also reveals that at the same time, Russia engaged in successful disinformation campaigns.

Intellectual Property FTC Ups Right-to-Repair Enforcement Against Harley Davidson and Westinghouse: A consent order proposed by the Commission would require the companies to fix “illegal” warranty terms that provide that a warranty is voided if a customer turns to independent dealers for parts or repairs.

Practice Note Federal Court Rules Constitutional Protections Apply to DMCA Subpoenas: In a case involving photos of a private-equity billionaire posted with commentary by an anonymous Twitter user, the Northern District of California quashed a subpoena issued under the Digital Millennium Copyright Act to unmask the anonymous defendant. The court ruled that the party seeking disclosure of the poster’s identity failed to state a prima facie case for its copyright claim and failed to show that the need for discovery outweighed the poster’s First Amendment interests.

On the Lighter Side First AI-Created Craft Beer to Debut: The recipe for the brew was generated by AI trained on drinker input as reflected in beer reviews and surveys.

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

Internet Governance Proposed Bill Would Prohibit Sale of Location and Health Data by Data Brokers: The Health and Location Data Protection Act, proposed by Senator Elizabeth Warren, would ban data brokers from selling or transferring the data types and would require the Federal Trade Commission to promulgate rules for the law’s implementation.

Privacy Federal Data Privacy Law Garners Bipartisan Support: The American Data Privacy and Protection Act, which is “the closest [lawmakers have] come to establishing a national standard,” would provide users with the rights to access, correct, and delete their data, would encode data minimization principles, and would emphasize protections for civil liberties and children. While the proposed bill has received support from both sides of the aisle, certain provisions, such as the law’s private right of action, have been met with criticism from businesses and lawmakers alike.  Report Suggests that Facebook Collects Data About Individuals Seeking Abortion Information: An investigative report by nonprofit journalism outfits The Markup and Reveal suggests that some crisis pregnancy center websites share information about visitors with Facebook. While it’s unclear what Facebook does with the data, privacy advocates warn that it could be used against potential abortion seekers in states where the procedure is outlawed, or to target people with procedure-related advertising or misinformation.

Intellectual Property Jury Awards Oracle $30 Million in Copyright Infringement Suit: The jury concluded that competitor Hewlett Packard unlawfully used Oracle’s software to provide updates to customers running Oracle’s Solaris operating system without having service contracts in place.

Freedom of Expression and Censorship Major Tech Companies Sign On to EU’s New Playbook for Fighting Misinformation: Some of the world’s biggest tech companies have agreed to take greater measures to combat misinformation on their platforms by agreeing to the bloc’s “Code of Practice on disinformation,” a set of guidelines and commitments aimed at minimizing fake news and propaganda online.

Practice Note Massachusetts Supreme Judicial Court Deals Blow to Gig-Economy Companies: The court struck down a ballot initiative bankrolled by gig-economy companies such as Lyft and Uber that, if passed, would have classified gig-workers as independent contractors. According to the court, the ballot initiative’s “vaguely worded provisions” put it in violation of the state’s constitution.

On the Lighter Side What Would RBG Say? A newly-released AI-powered chatbot trained on 600,000 words from former Justice Ruth Bader Ginsburg’s legal opinions offers a verdict on nearly any question you can think to ask.

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 Texas AG Investigates Fake Twitter Accounts: Texas Attorney General Ken Paxton is investigating whether the social media platform may be under-reporting the number of fake users on its site. According to Paxton, misleading reporting could amount to a violation of the state’s Deceptive Trade Practices Act. European Parliament Reaches Agreement on Common Charger: Lawmakers agreed on legislation that would require that all smartphones and similar devices be chargeable using a USB-C port. The rules, which still need to be formally approved by the EU Parliament and Council, are designed to reduce cost to consumers and minimize e-waste.

Privacy Google Settles Facial Recognition Suit for $100 Million: The class action alleged that the “Face Grouping” feature of the company’s photo platform, which automatically grouped together photos of the same individual, violated Illinois’ Biometric Privacy Law by collecting and analyzing face data without appropriate notice or consent.

Information Security and Cyberthreats Feds Shut Down Online Marketplace for Social Security Numbers: The FBI, DOJ, and IRS seized websites owned by the SSNDOB Marketplace, which is alleged to have sold the Social Security numbers and dates of birth of 24 million people.

Intellectual Property New York Passes Right-to-Repair Bill: The Digital Fair Repair Act, which awaits the governor’s signature, requires many digital device manufacturers to make parts, tools, and information about diagnostics and repair available to consumers and independent repair facilities. The bill exempts some types of devices, including medical devices, home appliances, agricultural equipment, and others.

Freedom of Expression and Censorship Facebook Applies 10-Strike Policy to its Ban on Gun Sales: Internal documents and interviews with employees reveal that the company applies a lenient policy toward punishing users who violate the ban.

On the Lighter Side Take Your Hoops Game to the Next Level: A smart basketball hoop can track your shot and fly through the air to meet the ball wherever it is so you never miss.

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 New York City High-Speed Internet Access Plan Paused: The Internet Master Plan, which was initiated by former Mayor Bill DeBlasio and would bring affordable, high-speed internet to underserved areas and increase competition in the marketplace for access, has been placed on hold by the new administration while it is being “re-evaluated.”

Privacy Tim Horton’s Found to Violate Canadian Law by Collecting Location Data: The Office of the Privacy Commissioner of Canada announced that the popular coffee company violated the country’s privacy laws by collecting “vast” amounts of location data from users of its mobile app without adequate notice. The company must delete the unlawfully-collected data and instruct third-party service providers to do the same.

Information Security and Cyberthreats Boston Children’s Hospital Targeted in Attempted Cyberattack: FBI Director Christopher Wray announced this week that his Bureau thwarted a cyberattack on the hospital by a group of hackers sponsored by Iran. Wray noted that the prior relationship between the hospital and the FBI helped avoid the attack, which would have been “one of the most despicable cyberattacks [he’d have] seen.”

Intellectual Property California Right-to-Repair Bill Dies in Committee: Despite broad, bipartisan public support, SB 983 was killed in committee, possibly as the result of influence from tech-sector lobbyists, or out of concerns by lawmakers about the cost to the state of enforcing a right to repair.

Freedom of Expression and Censorship SCOTUS Blocks Texas Social Media Law: After the Fifth Circuit Court of Appeals thrust the controversial law into effect by overturning a lower court ruling, the Supreme Court has blocked the law, which would prohibit online platforms from moderating content based on viewpoint and would empower users to sue platforms for alleged censorship of their political views.

Practice Note Former NFT Executive Charged with Insider Trading: The U.S. Attorney for the Southern District of New York charged the former OpenSea executive with “wire fraud and money laundering in connection with a scheme to commit insider trading” for his role in purchasing NFT collections that he knew were soon to be featured on the NFT startup’s homepage.

On the Lighter Side Burritos on the Blockchain: Popular fast-food chain Chipotle will begin accepting payments in cryptocurrency.

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