CLIP-ings: January 22, 2016

Internet Governance

Pro-Encryption: The French government declined to add a backdoor requirement as part of an upcoming digital rights bill, asserting that such a “vulnerability by design” condition is an inappropriate solution to national security concerns.

Password Protection: Even after supplying Apple with her husband’s death certificate and will, a Canadian woman was told by the tech company to get a court order if she wanted his Apple ID password.


United States: State legislators and citizens formed a coalition to introduce privacy legislation in 16 states and the District of Columbia; the bills address issues such as student privacy, stingray technology, and government surveillance of electronic communications.

Information Security And Cyberthreats

Craps: A casino operator filed suit against Trustwave, alleging that the information security firm performed “a woefully inadequate” investigation into a data breach and did not fully remove malware from the casino’s systems.

Intellectual Property

SCOTUS Review: The Supreme Court granted certiorari in Cuozzo Speed Technologies, LLC v. Lee, which addresses whether, in cases challenging patent validity, the Patent Trial and Appeal Board (PTAB) may use a different claims construction standard than a federal district court and whether the PTAB’s decision to commence such a proceeding is judicially unreviewable.

Free Expression And Censorship

We’re Back(ish): The Government of Pakistan unblocked YouTube under the condition that it may filter and block content it finds offensive.

Practice Note

No Harm? Two federal district courts dismissed separate data breach lawsuits on the grounds that insufficient harm was alleged.

On The Lighter Side

Heavy Lifter: Norwegian drone the “Megakopter” set a Guinness World Record for lifting about 134.5 pounds – the “heaviest payload” by a remote-controlled multicopter.

Joel R. Reidenberg
Stanley D. and Nikki Waxberg Chair and Professor of Law and Founding Academic Director, CLIP

N. Cameron Russell
Executive Director, Fordham CLIP

Thomas B. Norton
Privacy Fellow, Fordham CLIP

Victoria Geronimo
Dean’s Fellow, Fordham CLIP

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