CLIP-ings: January 17, 2020

Internet Governance

Online Retailers Face Antitrust Probe In India: In response to a complaint filed by a group that represents small- and medium-sized businesses, the Competition Commission of India will investigate whether Amazon and Walmart’s Flipkart promote “preferred sellers” over smaller sellers in violation of the country’s competition laws.


Dating Data Shared: A recent report reveals that popular online dating services such as Grindr, OkCupid, and Tinder send data about users’ gender, ethnicity, location, and personal dating preferences to advertisers, marketing services, and location data brokers in ways that may run afoul of data privacy laws such as the EU’s General Data Protection Regulation and California’s newly effective California Consumer Privacy Act.

Third-Party Trackers Not Welcome On Chrome: Google has announced that as part of its Privacy Sandbox initiative to make web use more private and secure, the Chrome browser will stop supporting third-party tracking cookies by 2022; the policy change will affect how web tracking and advertising works on the platform.

Information Security and Cyberthreats

Burisma Becomes Victim Of Apparent Russian Hack: A Silicon Valley security firm discovered that the Ukrainian gas company, which is at the center of the Trump impeachment proceedings, was infiltrated in a hack that employed tactics similar to those used by Russian hackers from a military intelligence unit; while it is unclear how much data was obtained through the hack, it raises concerns that Russia may be prying for information that could be used to meddle in the 2020 election.

Intellectual Property

Chinese Court Affords Copyright Protection To AI-Generated Content: A court in Shenzhen ruled that an AI-generated financial report produced by tech giant Tencent was entitled to copyright protection after another online platform duplicated the report on its own website; the court found that the work had a “certain originality” and that it met the legal requirements to be considered a “written work” entitled to copyright protection.

Free Expression and Censorship

Digital Art Falls Victim To Instagram’s False Information Warning Feature: The feature, which notifies users that third-party fact checkers have determined that a post contains false information, has begun to flag postings of digitally manipulated art and has hid those postings from Instagram’s Explore and Hashtag pages.

Practice Note

GrayKey Enables iPhone Access By Law Enforcement: A newly discovered search warrant suggests that the FBI has access to a tool—GrayKey—that can retrieve data from iPhones, including the latest 11 Pro Max model, even when they are locked; the discovery raises questions about the FBI, President Trump, and Attorney General Barr’s motivations for pressuring Apple to assist in unlocking the devices owned by the Pensacola, Florida, naval base shooting suspect.

On the Lighter Side

Spotify Curates Content For Canines: After surveying UK listeners and finding that nearly three-quarters of them play music for their pets, Spotify has created a playlist and a podcast for dogs to listen to when their owners aren’t home.

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

Tom Norton
Executive Director, Fordham CLIP