CLIP-ings: November 16, 2018

Internet Governance

DOJ And SEC Subpoena Snap: The DOJ and SEC subpoenaed Snap for information regarding its March 2017 IPO; the subpoena comes in the wake of an ongoing shareholder lawsuit alleging that Snap misled investors by, among other things, failing to disclose a pre-IPO lawsuit claiming that the company had misrepresented user metrics and failing to reveal the effects of competition from Instagram.


UK Data Watchdog Monitors DeepMind: The Information Commissioner’s Office will monitor artificial intelligence lab DeepMind’s handoff of its Health unit to Google Health; the reshuffling, which comes as part of an effort to scale DeepMind’s Streams app into an “AI-powered assistant for nurses and doctors everywhere” stokes concerns that Google will now have direct access to National Health Service patients’ records, which ICO determined DeepMind illegally accessed while developing the Streams app last year.

Information Security and Cyberthreats

Bill Cements Cybersecurity Agency In DHS: bill establishing the new Cybersecurity and Infrastructure Security Agency within the Department of Homeland Security heads to President Trump’s desk to be signed into law; the bill also rebrands DHS’s main cybersecurity unit — the National Protection and Programs Directorate — as the Cybersecurity and Infrastructure Protection Agency, solidifying the DHS’s role as the main federal agency overseeing civilian cybersecurity.

Beware Of Fake Bitcoin Giveaways: A number of high-profile, verified Twitter accounts, including Target and Google’s G-Suite, were hacked as part of a fraudulent Bitcoin giveaway that scammed users out of their cryptocurrencies; it is unclear how the scammers gained access to the brands’ accounts, and Twitter is working on counter security measures to prevent further breaches following earlier criticism of its failure to devise a clear defense against this type of incident.

Intellectual Property

YouTube Decries Article 13: CEO Susan Wojcicki argued that the EU’s proposed copyright directive, which would make internet companies responsible for infringement on their platforms, is “unrealistic” because of the technical and financial capabilities required for compliance; the EU will conduct its final vote on the controversial directive in January.

Free Expression and Censorship

France Joins Facebook To Combat Hate Speech: For the first time, the social media giant is allowing a small team of French regulators to monitor its systems for combatting hate speech; the six-month partnership will start in early 2019 and is designed to result in “joint, precise, and concrete” regulatory proposals.

China Deletes Accounts Tied To Independent Media: The Cyberspace Administration of China removed 9,800 social media accounts, including those belonging to independent sources that are not state-registered and produce original content ranging from investigative journalism to celebrity gossip, on the basis that they posted “sensational, vulgar or politically harmful content.”

Practice Note

Patent Assignor Can Challenge Validity In IPR: In Arista Networks, Inc. v. Cisco Sys., Inc., the Federal Circuit recently held that assignor estoppel did not apply to bar a patent assignor from later challenging the assigned patent in an inter partes review proceeding.

On The Lighter Side

Pumping The Breaks On “Teslaquila” Trademark: After Tesla filed a trademark application for “Teslaquila,” Mexico’s Tequila Regulatory Council warned that the name evokes the protected term “Tequila,” and thus the company would have to “associate itself with an authorized tequila producer, comply with certain standards and request authorization from Mexico’s Industrial Property Institute.”

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

Tom Norton 
Executive Director, Fordham CLIP

Tommine McCarthy 
Subrina Chowdhury 
Editorial Fellows, Fordham CLIP