CLIP-ings: October 25, 2019

Internet Governance

FCC Chairman Ajit Pai Speaks Out Against State And Local Internet Regulation: At a live press event for The Wall Street Journal on Monday, Pai vocalized concerns that a patchwork regulatory system will stifle innovation and create market uncertainty; Pai’s comments follow a recent federal court decision that approved the FCC’s repeal of net neutrality, but allowed states to pass their own regulation.


House Antitrust Hearing Focuses On Tech Companies’ Potential Harm To Consumer Privacy: As part of its investigation into major tech companies, the House Judiciary Committee heard testimony last Friday that Facebook, Google, Apple, and Amazon hold vast amounts of consumer data, giving them an advantage over rivals; the testimony also explored how the big tech companies’ market dominance enables them to get away with aggressive data collection.

Information Security and Cyberthreats

Department Of Defense Ends Use Of Floppy Disks In Nuclear Weapons System: The communication infrastructure used to transmit emergency action messages for nuclear command centers is being upgraded to a highly-secure, solid state digital storage mechanism; while the outdated technology currently in use reportedly poses a lower security risk, maintenance has become increasingly difficult as replacement parts are no longer available.

Twitter Announces Plan To Introduce Policy Against Deepfakes, Will Seek User Input: Following a recent trend by tech giants such as Facebook and Amazon, Twitter announced it will introduce rules to address “synthetic and manipulated media;” before implementing the policy, Twitter will seek feedback from users to help refine the rules.

Intellectual Property

House Passes Controversial Copyright Small Claims Bill: In a 410-6 vote, the House approved the Copyright Alternative in Small-Claims Enforcement Act, or CASE Act, which is designed to improve access to copyright protections for content producers such as photographers and artists in the digital age by creating a tribunal of “Copyright Claims Officers” responsible for resolving alleged infringements.

Free Expression and Censorship

TikTok Removes ISIS Content: The social media platform popular among young users removed content promoting the terrorist organization that has been shared by nearly two dozen accounts; the videos, some of which are set to catchy songs and employ fun filters, highlight a growing concern about the distribution of propaganda through social media.

Practice Note

Georgia Supreme Court Holds Warrant Was Required To Obtain Data From Crashed Car: In Mobley v. State, the state’s highest court held that the trial court erred in declining to suppress electronic data taken at the scene of a vehicle collision, reasoning that the “physical intrusion of a personal motor vehicle” by law enforcement without a warrant was an unreasonable search under the Fourth Amendment.

On the Lighter Side

U.K. Hospital Inadvertently Converts Patient’s Message Into Its Own Voicemail Greeting: The hospital also routed inbound calls to the individual who left the message, causing patients to call and share personal information relating to their own healthcare.

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
Lawrence Keating
Editorial Fellows