CLIP-ings: August 28, 2020

Internet Governance

TikTok Sues The United States Government: The video-sharing app filed suit against the U.S. Government following the Trump Administration’s executive order under the International Emergency Economic Powers Act to “ban the company’s American operations” for its alleged connection to the Chinese government; in the suit, TikTok alleges, among other things, that it has been denied its Due Process rights under the Fifth Amendment “to argue it isn’t a national security threat.”

Facebook Criticizes New Apple iOS System For Enhanced Privacy: In a recent blog post, Facebook warned that a new feature of Apple’s upcoming software update that “requires app developers to notify users if their app collects a unique device code” soFacebook advertisers can send targeted ads to consumers on non-Facebook webpages essentially makes users manually opt in to being tracked by Facebook and potentially damages a key revenue stream for the social media monolith.

Clearview AI Used By Numerous Police Agencies: A recent interview with the CEO of the controversial facial recognition technology company revealed that more than 2,400 police agencies throughout the country, including agencies in New York, Miami, and Philadelphia, have entered into license agreements with Clearview AI for access to information used to identify protestors and other persons of interest.
Information Security and Cyberthreats

Former Uber Security Chief Charged For Covering Up Hack: The Department of Justice indicted Joe Sullivan for covering up the 2016 hack that exposed the private information of over 50 million ride-sharing users by paying the hackers $100,000 and having them sign a nondisclosure agreement; Sullivan is charged with obstruction of justice for failing to follow California’s laws requiring public disclosure of the hack.
Free Expression and Censorship

Facebook Removes Group Following Thai Government Order: Facebook took down the “Royalist Marketplace,” a group of over a million members dedicated largely to discussing the Thai government and monarchy, at the request of the country’s Ministry of Digital Economy and Society; Facebook later issued a statement protesting the action as having a “chilling effect” on the Thai peoples’ ability to express themselves.

Facebook Failed To Censor Kenosha Guard Group Prior To Shooting: The social media platform failed to censor posts “inciting violence” by the “self-proclaimed militia group the Kenosha Guard” prior to the deadly shooting in Kenosha, WI, despite at least two reports that the group was violating community standards by issuing a “call to arms;” the group was not removed by Facebook until more than nine hours after the shooting for violating the platform’s “Dangerous Individuals and Organizations policy.”
Practice Note

Ride-Sharing Continues In California After Court-Ordered Reprieve: Shortly before Uber and Lyft threatened to shut down across the state, a California state judge issued an emergency stay of an order that would have required Lyft, Uber, and other ride-sharing companies to classify their drivers as employees.
On the Lighter Side

Network Outages Cause “Zoom Day” For U.S. Schoolchildren: A widespread outage of Zoom’s service early in the week disrupted schooldays and meetings across North America and Europe, giving students an unexpected “snow day” for the COVID era.
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, Fordham CLIP