CLIP-ings: September 11, 2020

Internet Governance

Facebook First To Feel The Sting Of Decision Invalidating Privacy Shield: In the first major move by a European Union data protection authority to enforce the European Court of Justice’s July ruling invalidating the data transfer framework, Ireland’s Data Protection Commission has ordered Facebook to suspend transfers of European Union users’ information to the United States or face fines amounting to 4% of the tech giant’s annual revenue.

Italy Tugs Apple, Dropbox, And Google Down To Earth: Italy’s competition authority is investigating the tech giants’ cloud storage services to analyze their disclosures about the collection and use of data, the fairness of their contract clauses, and the prevalence of English rather than Italian language contracts.

Portland Takes A Stand Against Facial Recognition Tech: Portland’s City Council unanimously adopted two broad ordinances limiting the use of facial recognition technology by city bureaus (e.g., the Police Bureau) and private companies.
Information Security and Cyberthreats

Apple Assesses Hong Kong’s National Security Law: Following Beijing’s unilateral imposition of a new national security law on Hong Kong on July 1, Apple, unlike other tech giants, has not paused processing user data requests from Hong Kong authorities while it is “assessing” the new law…
Free Expression and Censorship

GitHub In China Is A Free Speech Zone For Covid-19 Information: On the Chinese internet, where social media platforms are either banned or strictly monitored, GitHub remains the “last land of free speech in China” as Chinese authorities hesitate to censor the open source platform that has become invaluable to the country’s tech industry.

Facebook Blocks Dying Man’s Broadcast While TikTok Struggles To Remove Suicide Video: Citing a desire to avoid promoting self-harm, Facebook has blocked the victim of a rare disease from livestreaming his final days after his decision to withdraw from life-sustaining treatment; meanwhile, TikTok is scrambling to prevent a shocking and graphic suicide video from popping up on user’s screens, including those of juvenile viewers.
Practice Note

Magistrate Judges Reject “Reverse” Warrants: Two federal magistrate judges have ruled that the warrants, through which police geofence the area around a crime scene, request information on devices within the geofence from providers such as Google, and then comb through disclosed data in order to narrow down a list of suspects, violate Fourth Amendment constraints and fail under Carpenter’s reasonable expectation of privacy in cell site location information.
On the Lighter Side

U.S. Companies’ Delivery Drone Operations Postponed While Quadcopter In Tel Aviv Drops Bags Of Cannabis: Despite routine experimentation and official paperwork, U.S. companies itching to expand delivery drone operations are stalled by the lack of federal regulations; meanwhile, in Tel Aviv, a quadcopter was filmed dropping bags of cannabis onto the streets.
Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law
Founding Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP

Erica Chan
Daniel Gerken
Editorial Fellows, Fordham CLIP