CLIP-ings: July 2, 2021

Internet Governance

Antitrust Complaints Against Facebook Dismissed: The Federal Trade Commission’s initial antitrust complaint against Facebook was dismissed on the basis that the FTC failed to plead enough support for its claim that Facebook is a monopoly; a similar, separate antitrust suit brought by the attorneys general of 48 states was also dismissed.

Adequacy Decisions Allow For Data Flow Between EU And UK: The European Commission adopted two decisions finding that the United Kingdom provides an adequate level of data protection, which ensures that data can lawfully flow between the UK and the bloc after the expiration of a post-Brexit transition phase; the adequacy decisions are set to expire after four years, but will be renewed upon a showing that the UK continues to ensure an adequate level of protection.   
Privacy

Report Finds That Federal Agencies Lack Transparency Around Facial Recognition Use: A report by the Government Accountability Office found that thirteen of the twenty U.S. federal agencies that use facial recognition technology have little awareness of which private or non-federal systems their employees use.

Maine Passes Country’s Strongest Ban On Government Use Of Facial Recognition Tech: The new law prohibits most government use of the technology, plugs loopholes that previously allowed law enforcement to run searches via unofficial channels, and requires that logs of searches be maintained as public records. 
Information Security and Cyberthreats

Second LinkedIn Breach Exposes 700 Million Users’ Information: Following a similar breach in April, LinkedIn has once again been breached, and the hackers have posted user information including phone numbers, geolocation data, and inferred salaries for sale online; the hackers obtained the data by misusing the site’s official API.
Free Expression and Censorship

Florida Social Media Law Enjoined: The law, which would punish social media companies for deplatforming or banning politicians or political candidates for violating the companies’ terms, was found to threaten free-speech rights by “[compelling] providers to host speech that violates their standards—speech they otherwise would not host—and forbids providers from speaking as they otherwise would.” 
Practice Note

SCOTUS Narrows Scope Of FCRA Class Action Based On Standing: In TransUnion v. Ramirez, the Court determined that over three-quarters of an 8,185-plaintiff class in a Fair Credit Reporting Act case lacked standing because they did not suffer a concrete injury as a result of the FCRA violations alleged. 
On the Lighter Side

This Beer Bot Keeps You Refreshed Wherever You Go: Just in time for summer, Heineken’s limited-edition BOT (Beer Outdoor Transporter) carries twelve cold ones and can follow you almost wherever you’re headed. 
Olivier Sylvain Academic Director, Fordham CLIP
Tom Norton Executive Director, Fordham CLIP