CLIP-ings: August 2, 2019

Internet Governance

European Court Issues GDPR Ruling On Websites Using Facebook “Like” Button: The Court of Justice of the European Union held that websites that embed Facebook’s “Like” button are, along with Facebook, jointly responsible for the initial processing of visitor data collected though the button and therefore must either obtain visitors’ consent before transferring their data to the social media company or demonstrate a valid legal basis for processing the data; the ruling is also likely to apply to websites that embed other social media plug-ins, many of which collect the data of all website visitors irrespective of whether those users have social media accounts.


Consumer Privacy Group Files Motion To Challenge Facebook-FTC Settlement: The Electronic Privacy Information Center has filed a motion to intervene to prevent court approval of the $5 billion settlement, contending that the proposed deal, which grants Facebook immunity from thousands of outstanding consumer complaints over privacy issues and the use of facial-recognition technology, violates the Commission’s “mandate to review consumer complaints.”

Information Security & Cyberthreats

Capital One Data Breach Exposes Data Of 100 Million Americans: The hack compromised approximately 140,000 social security numbers and 80,000 bank account numbers; a Seattle woman has been arrested in connection with the breach, and the New York attorney general has commenced an investigation.

New York Passes New Data Breach Legislation: The Stop Hacks and Improve Electronic Data Security Act, which takes effect on March 21, 2020, expands the definition of “private information” and imposes more stringent breach notification obligations, among other things.

Intellectual Property

TV Broadcasters Sue Streaming Service For Copyright Violations: ABC, NBC, CBS, and Fox are suing Locast, a non-profit entity funded by AT&T and Dish that streams local broadcast television programming via the internet; Locast contends that under the Copyright Act, it is not required to pay the broadcasters for their programming due to its non-profit status.

Free Expression & Censorship

Appeals Court Upholds Dismissal In Facebook Terrorism Case: The Second Circuit affirmed that the Communications Decency Act shields Facebook from civil liability to American victims of Hamas attacks in Israel, who had argued that the social media company was liable for providing Hamas with a platform to further its terroristic goals.

Practice Note

USPTO Proposes 25% Fee Increase For America Invents Act Reviews: The proposed fee increase is reportedly due to an increased workload at the PTAB; the proposed rule will be open for comments in September.

On The Lighter Side

Lyft Withdraws Electric Bikes After Two Battery Fires: The ride-sharing company announced its e-bikes will be temporarily unavailable in San Francisco, Oakland, and San Jose while it investigates its battery technology.

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

Tom Norton
Executive Director, Fordham CLIP

Alison Gordon
Editorial Fellow