CLIP-ings: September 25, 2020

Internet Governance

Twitter’s And Zoom’s Algorithms Face Racial-Bias Problems: A Ph.D student’s Twitter thread exposing a flaw in Zoom’s algorithm that would remove his black colleague’s head in videos with a virtual background revealed a similar “cropping bias” in the algorithm that Twitter uses to generate photo previews in tweets.

YouTube May Be Forced To Acknowledge Mental Health Consequences Of Content Moderation In Pending Litigation: A proposed class-action lawsuit against the video site alleges that it violated California law by failing to ensure safe work conditions for content moderators and failing to inform them of the job’s potential negative effects on their mental health.

Instagram User Files Suit Alleging iPhone Camera Surveillance: Filed in the United States District Court in San Francisco, the complaint alleges monitoring via unconsented camera activation by the Instagram iPhone app; Instagram owner Facebook has previously denied that users’ iPhone cameras are accessed or that content is recorded in such instances, and called the notification of camera use a bug.
Information Security and Cyberthreats

Amnesty International Report Cites Sales Of Surveillance Technology To China As Cause For EU Export Reform: In a report that notes the human rights risks associated with selling digital surveillance technologies to known persecutors of ethnic groups, Amnesty International urges European Union lawmakers to update the bloc’s export regulations to require that exporters conduct human rights due diligence. 
Intellectual Property

Facebook Rights Management Platform To Be Extended To Image Owners: Facebook has adapted its system for safeguarding music and video rights to give a select group of partners the ability to claim ownership over and control the use of their images on Facebook and Instagram; particular attention is being given to how current Instagram use may be affected before opening the tool up to all users. 
Free Expression and Censorship

Taiwan’s Sunflower Movement Shows How Digital Technology Can Promote Civil Participation: After the success of vTaiwan, a public discussion platform where experts, government parties, and citizens deliberated contentious issues, Taiwanese public officials created a government-managed platform called Join to host debates on divisive issues and give Taiwanese citizens an opportunity to participate in the legislative process.

Practice Note

In Suit Brought By Vermont Attorney General, Court Denies Clearview AI Section 230 Immunity Or First Amendment Protection: The Vermont Superior Court rejected Clearview AI’s attempt to portray itself as an interactive computer service provider publishing third party information and denied the company’s motion to dismiss, noting that the basis of the state’s claims are the means by which the company acquired photographs, its use of facial recognition technology, and its allegedly deceptive statements.
On the Lighter Side

Scientists In India Built A Tree-Climbing Coconut-Harvesting Robot: Owing to the shortage of coconut harvesters in the country, Indian scientists have built a coconut-harvesting device that can climb tree trunks and cut ripe coconuts with its circular saw blade. 
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