CLIP-ings: February 26, 2016

Internet Governance

A New Strategy: The Department of Justice has reached out to social media companies and community organizations to support a “counter messaging” approach to attempt to curb the spread of online radicalization.

Privacy

DoD Outed: A court order related to the ongoing criminal investigation of a Silk Road 2.0 administrator confirmed that the Department of Defense paid the Software Engineering Institute of Carnegie Mellon University to share data related to Tor research and also stated that the administrator lacked a reasonable expectation of privacy in his IP address while using the browser.

Information Security And Cyberthreats

How Not To Lose: The Department of Homeland Security released guidelines to aid organizations in the execution of rights granted to them under the Cybersecurity Information Sharing Act, which allows companies to report and share information about cybersecurity threats with the government without breaching privacy obligations.

Das Backdoor: Police in Germany may now push spyware into suspects’ computers and mobile devices to monitor their communications with the “outside world” when lives or national security are at risk and after receiving a court order.

Intellectual Property

Trademark Grounded: The TTAB upheld the USPTO’s decision to deny the registration of a “BOOKING.com” trademark to the website of the same name on the grounds that the term is generic for travel reservation services.

Free Expression And Censorship

Express Yourself? A Pennsylvania federal judge ruled that the right to passively record police conduct is not protected by the First Amendment unless the recording is done for an “expressive” purpose such as to challenge or criticize police behavior.

Your Words Are Ours: After the Chinese government released regulations designed to increase control of foreign media content in the country, President Xi Jinping declared that the country’s news media exists primarily to serve the Communist Party’s objectives.

On The Lighter Side

“Selfie Pay:” MasterCard wants your Insta-skills to enhance online security.


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

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: February 19, 2016

Internet Governance

Pushing iOS Boundaries: A U.S. magistrate judge ordered Apple to help the FBI decrypt the iPhone of one of the San Bernardino shooters in order to allow it to access the phone’s data; Apple opposes the order as “an unprecedented step which threatens the security of [its] customers.”

Privacy

Their Eyes Are Watching You: Employers, insurers, and employee wellness firms are hiring health care analytics companies to track employees’ daily habits to predict possible health risks and conditions, prompting concerns over what sensitive information they might uncover.

Information Security And Cyberthreats

Holding Health Hostage: Ten days after hackers seized control of its computer systems, Hollywood Presbyterian Medical Center agreed to pay a ransom of 40 bitcoins worth $17,000 to restore its network access.

Intellectual Property

Copyright Confusion: Wikimedia voluntary removed The Diary of Anne Frank from its website upon finding that the work is protected by U.S. copyright, after mistakenly believing that the copyright had expired.

Free Expression And Censorship

Keyboard Equality? Indonesia’s Ministry of Communications and Information Technology has requested that LINE, an Internet messaging service, remove all emojis that portray signs of affection among same-sex couples on the basis that some consider the emojis offensive.

Practice Note

Quoter Beware: A New York judge upheld a lower court’s denial of a motion to dismiss a legal malpractice suit against an attorney who was quoted in The Wall Street Journal about his client’s pending employment dispute; the client alleges that the quote triggered a no-comment-clause in his employment contract and resulted in the loss of his severance pay.

On The Lighter Side

Flexing It: Was the iPhone 6 ahead of its time?


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

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: February 12, 2016

Internet Governance

Forgotten Euro-wide: Google will begin removing information under “Right to be Forgotten” requests from all its search engines accessible to searchers located in Europe.

Privacy

Post-Safe Harbor: The French CNIL ordered Facebook to stop tracking non-users’ Internet activity and cease some data transfers to the United States within three months.

Unified Approach? Congressman Ted Lieu has introduced a bill named the ENCRYPT Act of 2016, which would preempt states from enacting their own anti-encryption laws.

Information Security And Cyberthreats

A Bunch Of Hacks? A hacker group claims to have released the personal information of over 25,000 FBI and DHS employees­—including job titles, names, and contact information—after hacking a DOJ web portal using “fairly basic” techniques.

Intellectual Property

Birthday Reveal: After a California district court found Warner Music Group’s copyright of the “Happy Birthday” song invalid last year, Warner has reached a settlement agreement obligating it to pay $14 million dollars to claimants and to declare the song part of the public domain.

Free Expression And Censorship

Joined By Damages: Florida’s Fourth District Court of Appeal rejected a divorced couple’s First Amendment defense and upheld a $350,000 damage award against them for writing various defamatory reviews about their divorce attorney on Yelp and Avvo.

Practice Note

Exculpatory API: A Pennsylvania judge rejected a defense attorney’s request to inspect the source code of a computer program used to process DNA evidence so the attorney could challenge the validity of the evidence against his client on the grounds that the source code is a trade secret.

On The Lighter Side

Super Bowl Blur: Apple’s CEO Tim Cook probably won’t win the photography world championship.


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

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: February 5, 2016

Internet Governance

Safe, For Now: United States and European Union officials reached an agreement on privacy obligations to replace the recently expired Safe Harbor data transfer framework; the agreement still must be approved by the European Commission and analysts expect it to be challenged in European courts.

Privacy

Super Bowl MCMLXXXIV: Over sixty local, state, and federal law enforcement agencies announced they will be surveilling Super Bowl attendees this weekend but have declined to specify which tracking methods they will use and how they will store the data.

Google Me Not: University of California, Berkeley students filed suit against Google, claiming it violated the Electronic Communication Privacy Act by scanning their “academic-affiliated” Gmail accounts for analytical data to sell to advertisers, despite its pledge to cease this practice.

Information Security And Cyberthreats

Bank Heist? A rising threat to banking security are bank tellers, who are susceptible to bribes for selling consumer information due to their access to sensitive information and low pay.

Intellectual Property

Full Court Press: Solid Oak Sketches filed suit against Take-Two Interactive for copyright infringement over the video game company’s use of several NBA players’ tattoo designs in its NBA 2K16 game, which Solid Oak had licensed from the tattoo artists.

Free Expression And Censorship

Down With The Media: Internet censorship by Southeast Asian governments is increasing with Indonesia blocking Netflix; Malaysia banning media site Medium due to corruption claims; and Thailand pressuring Google, Facebook, and Line to censor content.

Practice Note

Patents In SCOTUS: The Supreme Court will review several patent cases this term including ePlus v. Lawson, examining whether an administrative agency may “override a federal court’s judgment on a question of law,” and Halo Electronics v. Pulse Electronics, reviewing the willfulness doctrine and its effect on enhanced damages.

On The Lighter Side

Bird Against The Machine: Police in the Netherlands are training eagles to prey on drones to help enforce no-fly zones.


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

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

CLIP-ings: January 29, 2016

Internet Governance

Questionable Tactics: In an attempt to catch online pedophiles, the Federal Bureau of Investigation ran a child pornography site for two weeks without ensuring that the illegal content on the website could not be further disseminated.

Unlocking The Box: The Federal Communications Commission announced a proposal that would compel cable and satellite providers to allow third-party “top box” device manufacturers access to their programming, thus encouraging innovation and competition in the industry

Privacy

Let Us In: Two dozen civil liberties, human rights, and government transparency advocacy organizations asked the House Judiciary Committee to allow them into next week’s “members only” hearing, which will discuss Section 702 of the FISA Amendment, the law the NSA claims authorizes its PRISM surveillance program.

Information Security And Cyberthreats

Baby Beware: New York City Department of Consumer Affairs subpoenaed several manufacturers of Wi-Fi enabled baby video monitors to investigate reports of serious security vulnerabilities, such as hackers’ ability to access the live video feed.

Intellectual Property

Wedded To Attorneys’ Fees? The U.S. Court of Appeals for the Federal Circuit upheld the award of attorneys’ fees against a patent troll for aggressively attempting to protect its matchmaking patent through threats and intimidation.

Free Expression And Censorship

Shaq Attack: An emotional distress lawsuit against Shaquille O’Neal for allegedly mocking the plaintiff’s rare skin disease by reposting his Instagram photo with the caption “SMILE PEOPLE” has survived O’Neal’s motion to dismiss.

Practice Note

Poke, You’ve Been Served: An Eastern District of New York magistrate judge allowed a plaintiff unable to locate his ex-wife, who he accuses of “absconding with” their daughter, to serve her with the summons and petition through associated Facebook and email accounts.

On The Lighter Side

Top Secret? Locations around the world are pixilated by Google Earth for various reasons, and the reasons for some are unclear.


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

Carey McConnell and Idalys Núñez
Editorial Fellows, Fordham CLIP

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.

Privacy

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

CLIP-ings: January 15, 2016

Internet Governance

Still Buffering: The Federal Communications Commission circulated a draft of its 2015 Broadband Progress Report, which found that over 30 million Americans still do not have access to wired broadband service.

Privacy

Scanner Darkly: A federal court denied Shutterfly’s motion to dismiss a class action lawsuit alleging that the online image publishing service violated an Illinois state biometric privacy law by using facial recognition technology on user photographs.

Information Security And Cyberthreats

Disabled: Users promptly received malware from advertisements on Forbes’ website after the news company required them to turn off their adblocking technology in order to view its content.

NY Encryption Bill: A New York state legislature referred to committee a bill that would require manufacturers to design smartphones with a back door so law enforcement can decrypt a phone’s contents.

Intellectual Property

Yogurt Wars: After receiving a cease-and-desist letter from Dannon, Greek yogurt manufacturer Chobani is seeking a court ruling that its advertisement campaign, which spells out the different ingredients in its yogurt and those of Dannon and Yoplait, does not violate the Lanham Act.

Free Expression And Censorship

Stingray Suit Still Swimming: A state court denied a Chicago Police Department (CPD) motion to dismiss a lawsuit seeking to compel the CPD to respond to a public records act request for documents regarding its use of stingrays, declining to treat the surveillance technology the same as a pen register device.

Terrorist Censorship? Members of the Obama administration are meeting with Silicon Valley executives to discuss how their companies can combat terrorism, including by censoring online speech.

On The Lighter Side

Sound And Vision: The iconic David Bowie, who passed away this week, had a few ideas for the future of intellectual property in the Internet age.


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

CLIP-ings: January 8, 2016

Internet Governance

Basically Free? Protestors for Facebook’s new Free Basics program in India, which provides users free access to Facebook and other online resources, say that it is a thinly veiled attempt to collect valuable user data and establish market dominance in one of the world’s fastest growing Internet markets.

Penalty, Illegal Procedure: The New York Attorney General amended its illegal gambling lawsuit against daily fantasy football sites DraftKings and FanDuel, asking them to return money to users and to pay a fine of up to $5,000 for each violation.

Privacy

YahOops: A federal judge ordered that Yahoo face a class action lawsuit alleging that the company violated the Telephone Consumer Protection Act by sending Sprint cellphone users unsolicited text messages.

Information Security And Cyberthreats

Hardwired Piracy: Intel and Warner Bros. filed a DMCA lawsuit again LegendSky, accusing the Chinese tech company of manufacturing a device with the primary purpose of circumventing anti-piracy technology.

Ukraine Blackout: Researchers say that Ukraine’s massive blackout last month is the first of its kind where the cause can be traced back to malicious hackers.

Intellectual Property

Get Your Paws Off Our Copyright: The heirs of the author of the poem “Soft Kitty” filed a lawsuit claiming that CBS willfully infringed their copyright by featuring the poem repeatedly on the hit show The Big Bang Theory and asserting that the television network sought licensing rights from the wrong entity.

Practice Note

Claim Construction In Patent Law: The third report in a seven-part series from the Advanced Patent Law Institute discusses how to draft a patent claim in the wake of the Supreme Court’s rulings in Teva Pharmaceuticals v. Sandoz and Williamson v. Citrix Online, LLC.

On The Lighter Side

Cheerio! This Lego machine facilitates the hardest part of the day when it dispenses your cereal and milk.


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

CLIP-ings: December 18, 2015

Internet Governance

CISA Revival: The Cybersecurity Information Sharing Act, which sought to compel tech companies to send the government cybersecurity threat information, was renamed and inserted into the omnibus budget bill, making it likely that the controversial bill will become law.

Taxing Work: The House of Representatives passed a bill that seeks to renew the ban on municipal and state taxes on Internet access and sales.

Privacy

EU Data Privacy Reform: The European Union agreed to reforms in its data privacy rules that are expected to strengthen data protection laws for EU citizens, harmonize legislation between member states, and strengthen law enforcement cooperation.

Information Security And Cyberthreats

Lights Out: Hacktivist group Anonymous claimed responsibility for temporarily shutting down the New York City Trump Tower website, citing disapproval over presidential candidate Donald Trump’s stance on Muslim immigration into the United States.

Intellectual Property

Merry Swiftmas: All pop star Taylor Swift wants for Christmas this year is a myriad of trademark protections for words and phrases such as “Swiftmas,” “1989,” and “Blank Space.”

Free Expression And Censorship

Censoring Hate Speech: After talks with the German government, which has been attempting to crack down on hate speech against recent refugees, tech giants Facebook, Google, and Twitter agreed to delete German hate speech appearing on their platforms within 24 hours of being published.

Practice Note

No Waze That’s Copyright Infringement: A district court held that defendant traffic app Waze’s use of the same “points of interest database” – comprised of data including “the location of traffic conditions [and] road hazards” – as a rival app does not amount to copyright infringement of a compilation if other factual points are added to the app’s algorithm.

On The Lighter Side

Patent DIY: How the patent filing process goes, according to The Onion.


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

Tory Geronimo
Dean’s Fellow, Fordham CLIP

CLIP-ings: December 11, 2015

Internet Governance

Mystery Solved? Police raided an Australian businessman’s home after reports published evidence linking him to Satoshi Nakamoto, the pseudonymous Bitcoin creator.

Privacy

Goodbye Barbie: A mother sued Mattel over its controversial interactive Hello Barbie doll that records and stores to the cloud its owner’s voice, alleging that the doll violates the Children’s Online Privacy Protection Act because Mattel does not receive permission to record from the parents of any underage third parties that may also interact with the doll.

Information Security And Cyberthreats

Wyndham’s FTC Settlement: In its settlement with the Federal Trade Commission concerning the data breaches affecting hundreds of thousands of its customers, Wyndham Worldwide agreed to take certain steps to strengthen its data security, including implementing a “comprehensive information security system” and conducting annual security audits.

Notification, Pronto: European Union officials agreed on the first EU-wide cybersecurity rules which would require member states to adopt measures imposing sanctions on “critical national infrastructure” operators who do not implement adequate data security systems nor timely report discovered data breaches.

Intellectual Property

Cookie Wars: Pepperidge Farm filed a trademark suit against Trader Joe’s, alleging that the supermarket chain sells a cookie that looks too similar to its famous Milano cookie.

Free Expression And Censorship

Thoughtcrimes: A federal circuit court held that a man repeatedly publishing fantasies online about “kidnapping, sexually abusing, and eating women” is not unlawful because such fantasies are “beyond the reach of the government.”

Practice Note

Hacks On, Hacks Off: A district court ruled that car manufacturers cannot be held liable for installing deficient computer systems which leave the car vulnerable to hacking attacks until an actual incident occurs.

On The Lighter Side

Toasty Turkey: A Connecticut teen modified his drone into a fire-breathing turkey roaster.


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

Tory Geronimo
Dean’s Fellow, Fordham CLIP