CLIP-ings: June 26, 2020

Internet Governance

Senators Propose Transparency-Focused Section 230 Reform: A bipartisan bill released by the Senate Communications, Technology, Innovation and Internet Subcommittee this week proposes that the Communications Decency Act be amended to require internet companies to publicly document their moderation practices, remove harmful posts and activity within strict timeframes, and publish quarterly reports on what enforcement actions are taken.

Michigan Man Wrongfully Arrested On Faulty Facial Recognition Data: Detroit Police arrested an African-American man on larceny charges after the multimillion-dollar facial recognition system the state contracted with mismatched his driver’s license photo to a low-resolution store surveillance camera image taken at the time of the theft; the man was released when it became clear there was no other evidence besides the mismatched photo that could have implicated him, and the Michigan ACLU is now investigating.

Boston City Council Unanimously Bans Facial Recognition: Citing concerns with false matches and racial bias, council members preemptively banned future use of broad facial recognition systems by city law enforcement, though a limited exception was allowed for facial recognition and matching evidence generated to investigate specific crimes.
Information Security and Cyberthreats

New York City Passes Public Oversight Of Surveillance Technology Act: Last week, the New York City Council passed by a 44-6 vote the POST Act, which will force the NYPD “to divulge the existence of its entire public surveillance capability” and will similarly require the department to outline policies regarding those capabilities’ use. 
Intellectual Property

Apple To Produce All New Macs On Apple Silicon: After years of using Intel processors, Apple announced a full transition to its own silicon processors within the next two years; consumers will be able to purchase the first silicon Mac by the end of the year.
Free Expression and Censorship

Twitter Uses New “Manipulated Media” Tag On Trump’s Tweet: After President Trump shared a poorly edited video representing a fake CNN news report, Twitter used a new tag to label Trump’s tweet as “manipulated media;” though the marker does not remove the content, the video has since been taken down by the social media site due to a “copyright complaint over its misuse.”
Practice Note

Indiana Supreme Court Rules Police Cannot Demand Phones Be Unlocked: The state’s highest court held that the Fifth Amendment protected a woman from being forced to unlock her phone and reveal potentially incriminating data to the police, reasoning that such compelled unlocking is “testimonial.”
On the Lighter Side

TikTok Teens And K-Pop Fans Reserve Trump Rally Tickets To Leave Stadium Empty: In an effort to skew the anticipated turnout for Trump’s rally in Tulsa, teens on TikTok followed the lead of K-Pop fans by reserving tickets to the rally without the intent to attend.
Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP
Isabel Brown
Caroline Vermillion
Editorial Fellows