CLIP-ings: January 8, 2021

Internet Governance

U.S. Department Of Labor Issues Final Rule For Classifying Employees And Independent Contractors: The rule, which could help companies in the gig economy to classify workers as independent contractors instead of employees, identifies two “core factors” for drawing the distinction—the “nature and degree of control over the work” and the “opportunity for profit or loss”—plus additional “guideposts” to aid in analysis.

Trump Administration Cracks Down On Chinese Apps And Software In Final Days: Via an executive order issued on January 5th, Trump has banned transactions with eight Chinese apps and software services that “can access and capture vast swaths of information from users.”


App Developers Seek Workaround To Forthcoming Apple Privacy Update: In response to an iPhone update that will prevent apps from tracking identifiers for advertising purposes without user consent, app developers are exploring the use of techniques such as device fingerprinting and email hashing to subvert the new policy.

Information Security and Cyberthreats

U.S. Government Officially Blames Russia For SolarWinds Hack: A joint statement by the FBI, the NSA, the Cybersecurity and Infrastructure Security Agency, and the Office of the Director of National Intelligence acknowledged that “an Advanced Persistent Threat (APT) actor, likely Russian in origin, is responsible for most or all of the recently discovered, ongoing cyber compromises of both government and non-governmental networks”; this week, it was reported that Department of Justice email accounts were also affected by the attack.

Intellectual Property

Facebook Fined In Italy For Stealing App’s Tech: An Italian court of appeals upheld a decision that Facebook copied the Faround app, which presented Facebook users with an interactive map of nearby stores, to launch its own, similar Nearby Places app; the decision highlights concerns about unfair competition, noting that Facebook had “privileged and early access” to the Faround app to test whether it was compatible with its platform.

Free Expression and Censorship

Facebook Locks Trump’s Account “Indefinitely”: After the President’s account was temporarily locked in the wake of Wednesday’s unrest on Capitol Hill, Mark Zuckerberg announced that the account will now be locked “indefinitely and for at least the next two weeks until the peaceful transition of power is complete.

Practice Note

Italian Court Finds That Food Delivery Service App Deliveroo’s Algorithm Is Discriminatory: The court concluded that the algorithm, which determines rider “reliability” based on cancellation data, is discriminatory because it fails to take into account reasons for cancellation and thereby “unjustly penalizes riders with legally legitimate reasons for not working”; the decision is seen as a landmark one, as it creates precedent for subjecting algorithms to judicial review and placing liability on companies that employ even unintentionally discriminatory algorithms.

On the Lighter Side

Covid-19 Vaccine Meme Electrifies The Internet: Online jokesters and conspiracy theorists alike have shared a diagram of schematics purported to be that of a chip injected into people who receive the Covid-19 vaccine—but it’s really just the circuitry for a guitar effect pedal. 

Olivier Sylvain
Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP