CLIP-ings: August 16, 2019

Internet Governance

Job Search Websites Ask European Antitrust Regulator To Investigate Google: 23 job search websites have written to the European Commission alleging that Google has engaged in unfair and anti-competitive conduct by using its own service to steal their market share; the company is reportedly already making changes to its job search feature in Europe in response.

U.S. Trade Representative Announces Delay To Tariffs On Certain Electronic Devices From China: Although a round of tariffs on Chinese imports will take effect on September 1, tariffs on products such as cellphones, laptops, video game consoles, and computer monitors will be delayed until December 15; the announcement comes after Apple, Sony, Nintendo, and Microsoft wrote to the USTR expressing concern over the impact of the tariffs.


Irish Regulator Investigates Facebook’s Review Of Audio Recordings: Ireland’s Data Protection Commission is “seeking detailed information” about the social network’s manual review of audio recordings after already investigating Google, Apple, and Microsoft for engaging in the practice; Facebook has stated that it paused human reviews of audio more than a week ago.

QR Codes On Debt Collection Letters Violate Consumer Protection Law: The Third Circuit recently ruled that debt collection notices that include the codes, which can be scanned by any smartphone and are “susceptible to privacy intrusions,” reveal encrypted account numbers and thus violate the Fair Debt Collection Practices Act.

Information Security & Cyberthreats

SEC Investigating First American Financial Corp. Over Exposure Of 885 Million Records: The investigation will determine whether the title insurance company violated any federal securities laws as a result of the exposure of financial records relating to mortgage deals; the New York Department of Financial Services is already investigating the company for potential cybersecurity violations in connection with the leak.

Intellectual Property

Federal Circuit Vacates International Trade Commission Preclusion Ruling: As part of a trademark infringement suit brought by personal transportation company Segway, a three-judge panel vacated the court’s earlier opinion that found trademark rulings from the ITC preclude district court litigation over the same issue.

Free Expression & Censorship

LGBTQ Creators Sue YouTube, Google, Over Alleged Discrimination And Censorship Practices: The lawsuit alleges that YouTube discriminatorily and unfairly applies its policies to restrict, block, demonetize, and financially harm the plaintiffs and the LGBTQ community.

Practice Note

California Supreme Court Rules On Standing Of Website Visitors: In a case challenging payment processing service Square’s “Prohibited Goods and Services” policy as discriminatory, the court found that “visiting a website with intent to use its services is, for purposes of standing, equivalent to presenting oneself for services at a brick-and-mortar store”; the ruling may have wide-reaching ramifications for online businesses.

On The Lighter Side

Amazon’s Facial Recognition Technology Mistakes California Lawmakers For Criminals: A recent test by the ACLU mismatched one in five photographs of lawmakers with mugshot pictures.

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