CLIP-ings: August 3, 2018

Internet Governance

China Commands, Google Complies: Eager to return to the Chinese market, Google is getting ready to launch a censored version of its search engine following an agreement reached in December 2017 between CEO Sundar Pichai and a top Chinese government official; project “Dragonfly” will blacklist queries about human rights, democracy, religion, and prohibited literature amongst others.

Strikes End, Unrest Remains: Following six days of nationwide strikes and a government meeting on Wednesday, Spanish taxi drivers have decided to go back to work and lift their city blockades, for now…; the delicate truce was reached after the central government agreed to respect the 1:30 chauffeured vehicle (e.g. Uber) licenses to taxi ratio and to delegate regulatory power to regional governments.

My Data, My Rules: A draft National Policy document reviewed by Reuters shows that the Indian government is considering compelling foreign tech giants to store data locally; the proposal also calls for tightening scrutiny of mergers, big or small, in the e-commerce sector.

Privacy

The “Quiet Skies” Program: The Boston Globe reported on Saturday that TSA launched a new initiative in March called “Quiet Skies” which deploys air marshals to gather intelligence on civilians not on terrorist watch lists; the experts on civil liberties as well as air marshals expressed concerns about the legality of this domestic surveillance program.  

Passing The Buck: After Amazon’s facial recognition system erroneously matched 28 members of Congress with criminal mugshots last week, Amazon published an official blog post inviting the US government to weigh and specify the confidence level that law enforcement agencies must use when using facial recognition technology.    

Information Security and Cyberthreats

NSA Procrastinates: According to the audit conducted by the NSA Inspector Governor’s Office, many of the problematic security policies from the Snowden-era have not been addressed as of March 31, 2018; the audit also showed that the NSA has failed to adopt the latest federal security guidance as well as an accurate or finished computer security plan.

Intellectual Property

Unsavory Loss for KitKat: The South China Morning Post puts into perspective KitKat’s dismissed appeal to trademark its four-finger shape by highlighting other cross-border trademark battles between international rivals; China in particular may be challenging for firms like Apple, which has had to pay $60 million to use the “iPad” name on the mainland.

Free Expression and Censorship

Democratization of “Likes”: Facebook is introducing a “downvote” button to a wider group of users in the US which will allow them to “support comments that are thoughtful, and demote ones that are uncivil or irrelevant”; Reddit, another popular social platform, has long used the upvote-downvote system, which researchers believe causes a groupthink effect called the “hivemind.”  

Ross v. City of Jackson: Professor Eric Goldman discusses the Eighth Circuit’s decision to revoke qualified immunity for police officers alleged to have committed deprivation of civil liberties; the plaintiff sued officers after he was jailed for several days for writing a sarcastic comment on Facebook that asked which gun he needed to shoot up a kindergarten.

Facebook Abides: A Facebook VP stated on Friday that the social network has removed 362 posts in compliance with NetzDG, a new German law against online hate speech which requires removal of offending posts within 24 hours of receiving a complaint; this statement comes after Mark Zuckerberg faced intense criticism last week for saying that posts by holocaust deniers should not be removed from Facebook.

Practice Note

WIPO ADR Guide Updated: A summary of the World Intellectual Property Organization’s updated guide highlights the numerous advantages of alternative dispute resolution in IP disputes, including: party autonomy, flexibility, time and cost savings, confidentiality, and finality.

On The Lighter Side

The Phone Cleanse: Comcast invites you to try seven tips and challenges to reduce phone use and exposure for a week, including a 24-hour Notification Fast and Sleep Separation.

Announcements

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Bureau of Internet & Technology at the NYS Attorney General’s Office seeks tech-savvy Attorney and Engineer.

 

 

The Bureau of Internet & Technology at the NYS Attorney General’s Office investigates and litigates cutting-edge law & tech issues, e.g., bots, data security/breach, privacy, online safety, consumer protection, and more.  This past year alone, our investigations and lawsuits have included:

–   submission of fake comments on net neutrality to the FCC;

–   data breaches at Equifax and Uber;

–   bot-related fraud on social media and in the resale of concert tickets;

–   online tracking of children;

–   suing Charter/Time Warner for false claims about internet speeds;

–   and more:  http://on.ny.gov/2fuC1ei

Summary of position (engineer):  Our office highly values engineers who make it possible for us to tackle complex, data-intensive problems that others are not capable of addressing.  A substantial portion of the work will be on projects with the Bureau of Internet & Technology, one of the only government agencies focused exclusively on investigating and holding accountable people and entities that use technology for illegal ends; while the remainder of the work will be on tech-heavy matters for other bureaus within the office (for example, using Bayesian modeling to determine racial bias in online offerings to consumers; using machine learning to identify key communications and images relevant to cases).  Ideal candidates are experienced with, and expert in, programming and web development tools (JAVA, Python, PHP, SQL, Ruby) and Linux command line tools and container tech (Docker, etc.).

To apply:  https://goo.gl/dTTXTn

Summary of position (attorney):  We seek an experienced, tech-savvy litigator to join our team. The ideal candidate has a technical education or background, or experience working in tech or with technology.

To apply:  https://goo.gl/7ZJv2S

We intend to fill the positions quickly, so we hope to hear from interested candidates soon.

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

http://chk.tbe.taleo.net/chk06/ats/careers/requisition.jsp?org=WEFORUM&cws=41&rid=337

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.

The Ringer Copyright Honors Program with the U.S. Copyright Office is accepting applications.

The Ringer Honors Program is a distinguished public service opportunity for attorneys in the early stages of their career who have strong interest and a demonstrated record of academic or practical success in copyright law.

For more information, see here. Applications are open through September 15th, 2018.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: July 27, 2018

Internet Governance

Full Fibre Ahead! The United Kingdom has embarked on a mission to provide full fibre broadband coverage and 5G access to every resident by 2033; legislation and financial incentives will both be utilized to achieve this objective – all new homes must be equipped with full fibre broadband and £3-5 billion will be budgeted for reaching rural areas.

NSA Takes on Russian Hackers: NSA and Cyber Command Chief Paul Nakasone has unveiled the Russia Small Group, a specialized team dedicated to tackling Russian cyberattacks; the chief also has his sights on China, citing both countries’ election meddling, fueling of social tensions, and stealing classified information.

Privacy

Missouri Live-Streamed: Uber and Lyft are suspending a driver for live-streaming passengers without their knowledge or consent; the taping, however, was legal under Missouri’s one-party consent laws where only one party needs to give permission to record communications.

Politicians and Crooks? The ACLU said Thursday that Amazon’s facial recognition system erroneously matched the photos of twenty-eight Congressmen, including six members of the Congressional Black Caucus, with mugshots of criminals in a test; Amazon’s spokeswoman responded that Amazon recommends using a higher confidence threshold of 95 or above to those using facial recognition for law enforcement activities.

Hands Off My DNA: 23andMe, a popular DNA testing company that provides postal saliva tests, partnered with Pharmaceutical giant GlaxoSmithKline in order to explore drug treatments for health issues such as Parkinson’s disease; while this partnership will allow the drug research community to access valuable DNS data on an unprecedented scale, some are concerned that the customers of 23andMe are being exploited.

Information Security and Cyberthreats

Cyberattacks Incoming: The US Department of Homeland Security warned on Wednesday that hacktivists, cryptominers, and state-sponsored hackers are trying to exploit flaws in Oracle and SAP platforms which are heavily relied upon by US companies and consumers who use cloud services; a report from security companies recommends several prevention strategies which includes disabling unused APIs and unnecessary internet-facing logins.   

Intellectual Property

The “Transportation Visionary”: Lyft was sued on Tuesday by a retired Georgia Tech professor who claimed that Lyft’s business model infringes on his ride-sharing patent filed in 2001; the complaint states that Lyft’s model is “indistinguishable” from Dickerson’s and crucial to its operations.

Free Expression and Censorship

Oxford Study on Global Social Media Manipulation: A new study from the University of Oxford surveys social media manipulation by government actors and their growing influence over it; the number of countries with formally organized social media manipulation campaigns has risen from 28 last year to 48 in 2018, where efforts to eliminate fake news may be used to increase censorship and shape online discourse.

The Community Strikes: Alex Jones stated on Wednesday that YouTube removed four Infowars videos and slapped his channel with a “community strike” that forbids him from broadcasting live on YouTube for 90 days; one of the removed videos featured Jones’ criticism of an online cartoon series called “Drag Tots” in which he compared the creators of the series to Satanists.

Discriminatory Ads: Facebook signed an agreement with the state of Washington promising to stop allowing advertisers to exclude protected classes such as races, religions, and sexual orientations from targeted ads within 90 days; Facebook is already facing a lawsuit from civil rights groups alleging that its ad-targeting tools violate the federal Fair Housing Act.

Practice Note

Operational Impacts of CaCPA – Part I: The California Consumer Privacy Act of 2018 will come into effect on January 1, 2020; serving as a resource, the IAPP has begun a series of articles addressing the law’s scope, notice and transparency obligations, data disclosure requirements, consumers’ new rights of erasure, and consumers’ new cause of action.

On The Lighter Side

So Real You Can Almost Taste It: In honor of National Scotch Day (July 27), the Macallan Distillery has brought a 4D virtual experience to New York City’s Grand Central Terminal; the virtual reality presentation showcases the distillery’s Easter Elchies Estate and tempts the palate.

Announcements

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

http://chk.tbe.taleo.net/chk06/ats/careers/requisition.jsp?org=WEFORUM&cws=41&rid=337

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.

The Ringer Copyright Honors Program with the U.S. Copyright Office is accepting applications.

The Ringer Honors Program is a distinguished public service opportunity for attorneys in the early stages of their career who have strong interest and a demonstrated record of academic or practical success in copyright law.

For more information, see here. Applications are open through September 15th, 2018.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: July 20, 2018

Internet Governance

Google Fined $5 Billion: European antitrust regulators have fined Google and ordered it to stop using Android “as a vehicle to cement the dominance of its search engine” by coercing Android device manufacturers into pre-installing Google Search, its Chrome browser, and Google Play app store; the decision draws mixed criticism, some saying that it is too little, too late, while others (Google) claim stiff competition against Apple negates monopolistic concerns.

Budget Cuts Affect Online Medical Community: As of Monday, the National Guideline Clearinghouse (NGC) has ceased to receive funding; the online database vetted and compiled the best healthcare practices from medical societies and other research, aiding over 200,000 monthly visitors in their daily practice – multiple initiatives aim to restore the database.

Dear Government, Please Regulate Us: In a forceful article by Microsoft President Brad Smith, the company argues that advances in facial recognition technology, and its potential to harm “fundamental human rights protections like privacy and freedom of expression,”  warrant government regulation; the blog post also highlights the deeply political nature of Silicon Valley-Government relations, including contracts with ICE, and the need for the government to proactively regulate forthcoming society-shaping technologies.

Privacy

Constant Monitoring: Uber has begun running constant background checks on its drivers, relying on companies Checkr and Appriss to use Social Security numbers, court records and municipality records to continuously monitor them; the move has some reconsidering the scope of privacy within the workplace.

Something Doesn’t Smell Right: Chinese police have begun using wastewater-based epidemiology (WBE)–testing wastewater for the presence of illegal substances–to locate and arrest illegal drug manufacturers; Chinese scientists originally developed WBE tech to assist governments evaluate the efficiency of drug reduction programs.

Information Security and Cyberthreats

Rivals Cooperate: “[I]n the face of common cyber adversaries, all […] rivalry [between Airbus and Boeing] goes out of the window;” the collaboration between both aviation giants earns praise while highlighting technological risks in a highly consolidated industry.

Does Your Mother Know You’re on Facebook? After U.K.’s Channel 4 reported on Tuesday that Facebook content reviewers are instructed to pretend that they “don’t know what underage looks like,” Facebook made an operational change to its policy, authorizing its content reviewers to lock the accounts of any users appearing to be below the age of 13; Facebook prohibits users under 13 to comply with the U.S. Child Online Privacy Protection Act, which prohibits collecting data on children without parental consent.

Intellectual Property

Too Important to be Private: On Tuesday, the U.S. Court of Appeals for the District of Columbia ruled that non-profit organization did not violate the copyright of a private-sector organization by publishing its technical standards alongside the U.S. laws that reference the standards; the appellants successfully argued that privately developed technical standards necessarily become public when incorporated into U.S. law because everyone has the right to read, understand and share the law.

Say No to Terminators: More than 2,400 AI scientists and organizations joined the Lethal Autonomous Weapons Pledge this week, thereby declaring that they will not participate in the development or manufacture of lethal autonomous weapons—robots designed to attack people without human oversight; those who joined include Google Deepmind and its founders, and Elon Musk.

Free Expression and Censorship

“Best Way to Fight Offensive Bad Speech is With Good Speech”: Mark Zuckerberg generated a heap of backlash on Wednesday by saying that posts from Holocaust deniers should be allowed on Facebook because they are not “intentionally” getting their facts wrong and it is not right to ban people for getting things wrong; Zuckerberg clarified his statement later saying that any post “advocating for violence or hate against a particular group” will be removed.

Practice Note

Impact of Carpenter: TAP has re-published several articles by privacy law scholars discussing the impact of Carpenter v. United States, last month’s U.S. Supreme Court decision widely considered to be a “groundbreaking victory for privacy rights in the digital age”.

On the Lighter Side

Build Your Own Castle (with Legos): Bridging virtual and physical reality, LeoCAD allows your kids to build virtual Lego models before purchasing them online; the open source software offers simplified and advanced features for new users and experienced users alike to achieve their constructive designs.

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.

The Ringer Copyright Honors Program with the U.S. Copyright Office is accepting applications.

The Ringer Honors Program is a distinguished public service opportunity for attorneys in the early stages of their career who have strong interest and a demonstrated record of academic or practical success in copyright law.

For more information, see here. Applications are open thorough September 15th, 2018.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: July 13, 2018

Internet Governance

Are You A Human? A month after federal net neutrality rules expired, the FCC is taking steps to combat the comment fraud that plagued the agency’s net neutrality proceedings; Chairman Ajit Pai wrote to lawmakers that the FCC is planning to implement a CAPTCHA system and rebuild the Electronic Comment Filing System.

Customs IT System May Import Problems: Tasked with replacing the U.K.’s outdated CHIEF customs system, the Customs Declaration System (CDS) is drawing public concern as its August and November deadlines approach; the project highlights the political, fiscal, and technological pressures such projects face, especially where ongoing “Brexit” talks require readiness for various scenarios.

Privacy

Dear Facebook, Guess What Happened: The Federal Court of Justice in Germany has ruled that parents are entitled to access their daughter’s Facebook account after her death; the court compared online data to private diaries and letters that are typically passed down to heirs after death and stated that they should be treated the same.

Who’s Watching Who? Smart TV companies like Samba TV, the New York Times reports, are drawing public concern as their increasingly sophisticated tracking technology allows them to collect ever growing amounts of data from consumers and market it to advertisers; these TVs’ capabilities allow manufacturers to track everything appearing on the screen, deduce political leanings, and detect other connected devices – allowing advertisers to target consumers ever more precisely.

Trading Data for Oil: In a bid to entice consumers to share their driving data, Mitsubishi has released a new app which tracks driving patterns and rewards good drivers with badges they can trade in for prizes, like oil discounts; this information is then shared with insurance companies, potentially increasing or lowering rates according to a consumer’s risk profile.

Information Security and Cyberthreats

Facebook Fined Over Cambridge Analytica Data Breaches: Following publication of its investigative report, the Information Commissioner’s Office (ICO) has fined Facebook “£500,000 for lack of transparency and security issues relating to the harvesting of data,” in breach of the Data Protection Act 1998; Commissioner Denham warned that this “very serious contravention… would face a much higher fine [under the GDPR, effective as of May 25, 2018].”

A Dark Trade: U.S. Air Force MQ9 Reaper drone schematics, training courses on tanks, and live border camera footage are some of the sensitive military materials intelligence researchers say to have found for sale on the dark web – starting at as little as $150; it is believed hackers took advantage of a router vulnerability known since 2016, underscoring the importance of virtual, as well as physical, security.

Intellectual Property

Tattling on the Copycats: YouTube is rolling out a tool for creators that will allow them to see if their videos are being stolen and uploaded by other users; once alerted, the creators can either contact the thief, ask YouTube to remove the copy, or do nothing.

Free Expression and Censorship

Introducing “Real News”: On Wednesday, Facebook announced the first slate of news shows that aim to deliver “trustworthy, informative and local” news; Facebook will be airing daily briefings and deep coverage by handpicked outlets which includes ABC News, CNN, Bloomberg, Univision, Attn, Mic, and controversially—Fox News.

Popularity Should Not Be Bought: On Thursday, Twitter began removing tens of millions of accounts that appear automated or fake in an effort to remedy the pervasive problem of users buying fake followers on Twitter to bolster their reputation; Twitter is expecting the total combined follower count on the platform to drop by around 6 percent as a result.

Practice Note

Cyberthreats to Financial Services: IntSights Cyber Intelligence, a leader in enterprise cyber risk analytics useful to compliance and risk teams alike, released a report outlining five critical threats to financial services: state-sponsored cyberthreats, increased extortion through third party software providers, fake social media profiles and applications, hackers moving to private peer-to-peer channels, and phishing-as-a-service; the study also notes that existing laws and regulations tend to prioritize “direct […] already-known cyber attacks […] neglect[ing] indirect threats that target their customers.”

On the Lighter Side

Oops Shouldn’t Have “Liked” That Photo of the American Flag: Facebook’s algorithm for its advertising platform accidentally tagged 65,000 Russian users as “interested in treason;” Facebook has since removed the interest category.

Job and Fellowship Opportunities

From time-to-time, CLIP-ings will highlight career opportunities in the information law field. Please note the following:

Centre for the Fourth Industrial Revolution is seeking a Project Lead to join their Data Policy Project Team in San Francisco.

The Forum’s Data Policy project aims to define, through a process of international multi-stakeholder dialogue and cooperation baseline norms, principles and protocols for the collection, appropriate use, and protection of data. The Project Lead will be an integral part of the Data Policy project team and contribute to the successful delivery of the data policy project and workstreams.

For more information and the online application, click here.

The Second Northeast Privacy Scholars Workshop is calling for submissions.

Jointly organized by the Innovation Center for Law and Technology at New York Law School and the Center on Law and Information Policy at Fordham University School of Law, and generously sponsored by Microsoft, the Workshop offers privacy scholars from diverse fields the opportunity to receive extensive, constructive commentary on their works in progress.

For more information, see here. Online submissions are due September 7th, 2018 by 5pm Eastern.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: June 29, 2018

Internet Governance

Differing Approaches: In a bid to make the island of Hainan more tourist friendly, China will lift some internet censorship in its southernmost province, allowing visitors to access their Facebook, Twitter, and Youtube accounts; the policy is in sharp contrast to this week’s blocking of HBO’s website in China following presenter John Oliver’s humorous criticism of the nation’s President for life Xi Jinping.

Safe Space for Shopping: Amazon, Alibaba, eBay, and Rakuten signed an E.U. pledge this week, promising to speedily remove dangerous products being sold on their online marketplaces within the E.U.; other components of the pledge include cooperating with authorities, developing measures to act against repeat offenders, preventing reappearance of removed listings, and innovating new technologies to improve detection of unsafe products.

Privacy

Big Win for Consumer Privacy: In a landmark decision, the Supreme Court has ruled that law enforcement cannot access mobile phone location records from wireless providers without a warrant; the Court’s reasoning that “[j]ust because you have to entrust a third party with your data doesn’t necessarily mean you should lose all Fourth Amendment protections in it,” carving away a bit of the Third Party Doctrine.

Effect of Kennedy’s Retirement on Privacy: Justice Kennedy “did not always embrace a broad view of privacy rights,” but valued the importance of privacy in American democracy; his departure may make room for a justice who does not share Kennedy’s views in a time when interpretation of the Constitution is crucial for regulating the power of the government and tech companies.

Information Security and Cyberthreats

Vault Left Wide Open: A security researcher discovered that data broker Exactis’s 2TB database containing nearly 340 million individual records was missing firewall protection, permitting anyone with basic cybersecurity prowess to hack its entire database; although there is no evidence of intrusion by hackers, sensitive personal data including home and email addresses, religious beliefs, habits, phone numbers, and even the number, age, and sex of subject’s children were left exposed.

Fool Us Twice, Shame on Us: Tech giants including Amazon, Apple, Google, Facebook, and Twitter met with intelligence officials last month and discussed strategies to prevent repetition of the Russian interference that occurred during the 2016 elections; these companies have also been developing independent strategies to mitigate interference, e.g., Apple is introducing a curated 2018 midterm elections section in its News app and Twitter is developing algorithm for eliminating fake accounts with election-related content.

Intellectual Property

Worldwide Patent Damages? The Supreme Court’s opinion in WesternGeco LLC v. ION Geophysical Corp. has interpreted Section 271(f) of the Patent Act, concerning exports of components, to include lost profits for the use of an invention overseas as a remedy; critics believe this will disincentivize U.S.-based innovators who may face liability for reasonable royalties on domestic and international sales, whereas foreign infringers would likely only be liable for royalties on their U.S. sales.

Free Expression and Censorship

Limits to Free Expression? Hezbollah, the Lebanese militia with a State Department terrorist designation, claimed on Saturday that its Facebook and Twitter accounts have been shut down; the Times of Israel reports that the move closely followed threats of criminal prosecution against Twitter staff by Israeli authorities citing Hezbollah’s calls to violence.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: June 22, 2018

Internet Governance

Made in China 2025 Meets U.S. Tariffs: In its latest attempt to foil Beijing’s plans for technological dominance, the U.S. is introducing 25% tariffs on $50 billion worth of strategic Chinese imports targeted at high-tech industries; the tariffs aim to provide a critical shield against unfair industrial practices, like dumping, which have prompted industry experts like Warren Buffett to warn that the U.S. is being “colonized by purchase rather than conquest.”

Pie in the Sky Gets Closer: Citing a lack of competition concerns, the European Commission has approved unconditionally Comcast’s $30 billion bid for European pay-TV leader Sky, allowing Comcast to challenge 21st Century Fox’s existing bid; who will get the bigger slice is to be determined.

Corporations Are Persons – Right? The proposed California Consumer Privacy Act seeks to address data-sharing concerns by requiring companies to disclose the types of information they collect and allow consumers to opt-out of having their information sold; state disclosure records show that a group opposing the initiative has already received hefty funding from Amazon, Microsoft, Uber, Google, Comcast, Facebook, and Verizon.  

Privacy

Underrated Victory of the Week: After receiving heavy criticism from Oregon Senator Ron Wyden and the media, Verizon, AT&T, Sprint, and T-Mobile stated on Tuesday that they will stop sharing customer location data with location aggregators; in May, a report found that a Missouri sheriff used the location aggregation services to look up people’s real-time location without a warrant.

Is It a Bee? Is It a Fly? It’s a Drone! MIT researchers plan to unveil a computer chip as small as a LEGO minifigure’s footprint at a symposium this week that is smaller and more powerful than the version presented last year; this chip is capable of processing real-time camera images at up to 171 frames per second and may be used to power bee-sized drones in the near future, redefining the meaning of “being bugged.”   

Information Security and Cyberthreats

Working for ICE Can Be Nice, for the Wallet at Least: It was reported this week that several high-profile data and tech companies such as HP, Thomson Reuters, Microsoft, Motorola Solutions, and Palantir are discreetly making millions of dollars from supplying ICE with state-of-the-art technology, including facial recognition, predictive data analytics, and tactical communications technology; the contract between Thomson Reuters and ICE stipulates that the company will support ICE in its “mission to locate, arrest and remove criminal aliens that pose a threat to public safety.”

Sino-Canberra Relations Meet Summer Heat: Citing information and infrastructure concerns, Australia is likely to ban Chinese network equipment and smartphone giant Huawei from participating in its 5G mobile telecommunications roll-out; fearing a repetition of its current U.S. ban, Huawei has refuted these concerns in an open letter on Monday.

Intellectual Property

“Thou Hast Seen Nothing Yet”: Miguel de Cervantes, Don Quixote. After 25 years of setbacks, a heart attack, and an 18 month legal battle, Terry Gilliam has lost the rights to his passion project, The Man Who Killed Don Quixote, to ex-producer Paulo Branco, who allegedly bought the rights in 2016; the Paris Court of Appeal was not persuaded by Gilliam’s argument that Branco’s failure to fund the project voided the contract.

Say Bye to the Prequel Memes: The EU parliament’s legal affairs committee narrowly passed a highly controversial legislation that will require platforms such as Google and Microsoft to install filters that will block users from uploading copyrighted content–it is set to become law once approved by all EU countries; the opponents of the legislation fear that this measure would heavily curtail the internet users’ ability to share content such as news, memes, and even holiday photos, damaging the creativity of the internet.

Free Expression and Censorship

A New Robin Hood Story: Developer Sam Lavigne uploaded a database of 1,595 ICE employees that he gathered from LinkedIn to Github and published a Medium post asserting that people can “undermine entrenched power structures” by using the same tools that internet companies use to exploit them; both Github and Medium shut down the accounts of Lavigne as well as of the users who shared the ICE data, mimicking Twitter’s action this week of suspending users that shared the personal phone number of Stephen Miller.

Practice Note

Physical v. Virtual presence: Overturning its decision in Quill v. North Dakota, 504 U.S. 298 (1992), the Supreme Court ruled on Thursday that states can require online retailers to collect sales tax;  The 5-4 decision highlights how e-commerce has made the previous mail-order catalogues based ruling obsolete and the Government Accountability Office estimates that states missed out on over $13 billion in tax revenue last year.

On The Lighter Side

I Know It When I See It? China has classified sensory videos, a.k.a. ASMR videos, as pornography and began censoring them on the country’s biggest streaming sites such as Youku and Bilibili; China’s anti-pornography office claimed that the videos stimulate sexual sensations although a study found that the ASMR fans primarily use the videos for relaxation.  


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: June 15, 2018

Internet Governance

The End of Cyberbullying? In a controversial move to criminalize cyberbullying, New York’s Senate Bill 2318 was unanimously passed by the Senate, making it a crime to “knowingly engag[e] in a repeated course of cyberbullying of a minor;” its vague and potentially broad language raises alarms – a similar law was struck down in 2014.

Expansive Drone Bill Draws Scrutiny:proposed bill allowing DOJ and DHS officials to “intercept, acquire or access [drone] communications,” define any “threat” broadly, and bypass established procedures – such as the Wiretap Act, Electronic Communications Privacy Act, and the Computer Fraud and Abuse Act – is sparking criticism from many parties, including the Electronic Frontier Foundation.

Privacy

You Can Run But You Can’t Hide: Researchers at MIT have developed a technology that uses wifi signals to penetrate walls and capture detailed physical information of people on the other side such as movements, breathing, and even heartbeat; the primary aim of the project is to improve monitoring of the elderly and automate emergency alerts in cases of injury, but potential applications of this technology are limitless.

China’s Marauder’s Map: China plans to implement a new vehicle identification system that will empower the government to track drivers throughout the country using radio frequency identification (RFID) chips placed in cars; compliance will be mandatory for new vehicles starting in 2019, expanding the growing breadth of China’s surveillance system.

Information Security and Cyberthreats

Subaquatic Cyber Attack: In their latest bid to curtail U.S. naval supremacy in Southeast Asia, Chinese Ministry of State Security hackers stole 614 gigabytes of material from a Navy contractor, including: secret plans to develop supersonic anti-ship missiles, signals & sensor data, submarine radio room information, and an electronic warfare library; the incident adds one more success to a long line of Chinese hacking achievements – including snatched designs for the F-35 fighter, the Patriot PAC-3 missile system, the Navy’s Littoral Combat Ship, and the Army’s anti-ballistic missile system known as Terminal High Altitude Area Defense.

What Would Grandpa Do? In compliance with E.U. General Data Protection Regulation protocol, DNA testing and genealogy company MyHeritage revealed on Monday that its servers had been breached, compromising the emails and hashed passwords of over 92 million users; the company believes that the one-way hash of each user password it stores will not be of use to the culprit(s).

#SecurePhonesSaveLives: The forthcoming update to Apple’s iOS software will close the loophole, used extensively by law enforcement agencies, that permitted outsiders to access locked iPhones and obtain personal information; Apple’s CEO Tim Cook hails privacy as a “fundamental right,” which differentiates Apple from companies like Google and Facebook that show little qualms about extracting vast amounts of personal data from their users.  

Intellectual Property

Blackberry in a Jam: Moving to dismiss Blackberry’s patent infringement claims against them, Facebook and Snap have both asked the court to apply the two-step Alice test to throw out six of the plaintiff’s patents on the grounds that they are too vague or represent attempts to patent everyday operations performed by mobile devices.

Go Home, You’re Drunk: Uber has a pending application for a patent that would use AI to identify drunk passengers by analyzing uncharacteristic user activities such as user location, typos, and even the angle the smartphone is being held; the application states that the patent aims to “reduce undesired consequences” but Uber said this week that it has no immediate plans to implement this technology.

Free Expression and Censorship

Skinny and Slippery: Pro-eating disorder online communities that promote dangerous behaviors are evading oversight by bypassing the filter algorithms; the users’ ability to avoid automated detection by developing new hashtags and other conventions, in addition to recommendation algorithms that unwittingly suggest problematic contents to users, highlight the limits of automated content curation.  

My House, My Rules: This week, Vietnam passed a bill that requires tech companies to remove any offensive content within 24 hours of notice from the government authorities in addition to storing all user data domestically in order to do business in the country; protesters of the bill are concerned that the new law will stifle online dissent against the government since the law could also force tech companies to provide personal information of the dissenters to the government.

Practice Note

Johnson v. Twitter: California Superior Court ruled that Chuck Johnson, an infamous Twitter troll who was perma-banned from Twitter, failed to make a prima facie case against Twitter because Twitter is a private sector entity that may limit its service to users that abide by its TOS; the court found the analogy that Twitter is equivalent to an old town square unpersuasive.

On The Lighter Side

China Paves the Way for Smartphone Users: Literally. In an effort to increase pedestrian efficiency and protect “phubbers” – oblivious phone addicts – from themselves, the city of Xi’an has inaugurated a 100m walkway for their exclusive use.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: June 8, 2018

Internet Governance

SEC Appoints First-Ever Digital Currency Specialist: Monday saw SEC veteran Valerie A. Szczepanik named the commission’s first Senior Advisor for Digital Assets and Innovation; in her new role, Szczepanik will be responsible for coordinating all SEC efforts regarding the application of US securities laws to digital asset technologies as well as classifying and understanding technologies which don’t always fit into traditional frameworks.

Putting Theory into Practice: Following humanitarian concerns regarding the possible application of security technologies displayed last month at China International Big Data Expo, comes a study by the Economist shedding light on how China uses such tools to suppress dissent in its Xinjiang Province; featured prominently is the government’s Integrated Joint Operations Platform (IJOP), which uses machine-learning, cameras, smartphones, financial records, and electricity bills to generate lists of subjects for detention.

Working Remotely? Come to Vermont: The Green Mountain State continues to lead State-driven initiatives to promote population connectivity and boost its tax revenue; with a small and rapidly aging population, Vermont has signed into law $10,000  grants to cover relocation expenses, including work space, computer, and internet access, for the first 100 out-of-state employees to become full-time residents on or after January 1, 2019.

Privacy

Another Strike for Facebook: Facebook said it has been sharing user data with four Chinese device makers, including Huawei, a company that US intelligence agencies have described as a security threat, fueling further concern about Facebook’s privacy and information security policies; Facebook defended itself by saying that the partnerships were forged several years ago “when mobile phones were less powerful and app stores did not yet exist,” and stated that the partnership with Huawei will shut down this week.

Smile! You’re on Camera: DHS is launching a test of a facial recognition system that scans people entering and leaving the country through the US/Mexico border by capturing an image of the people inside the car; this test is part of a larger biometric data project currently going through a pilot program at eight U.S. airports and raised concerns in ACLU lawyers about the rise in the sophistication of surveillance technology used by the federal government.

Information Security and Cyberthreats

#ThatHappened: Gizmodo reported that new FCC emails obtained by advocacy group American Oversight casts further suspicion on the FCC’s claim that the outage of a comment system regarding net neutrality rules in 2017 was caused by a DDoS attack rather than heavy traffic generated by citizens attempting to comment; Separately, the New York State Attorney General’s Office is currently investigating fraud in the net neutrality comments process and has accused FCC Chairman Ajit Pai of withholding necessary information.

Credit card security, “priceless”: Last Friday witnessed an unprecedented hardware failure in Visa’s payment system across Europe, preventing many of today’s plastic-dependent consumers from purchasing goods and services; the company has since dispelled any hacking or data breach concerns and stated that its payment system is now operating at full capacity.

Intellectual Property

He Said What? Researchers at Stanford and other renowned technology institutes have submitted a paper to SIGGRAPH titled “Deep Video Portraits” that describes a refined method of generating highly convincing videos that reproduce the facial expressions and motions of a person by using the face of another; “Deepfakes,” videos that insert faces of celebrities into pornography and other videos have already been a topic of controversy this year–Jordan Peele raised awareness about this technology with a viral video in April.

Public’s Right of Access to Patent Briefs: This week, Electronic Frontier Foundation sent a letter to the Federal Circuit asking the court to allow public access to patent briefs pending review by the Clerk’s Office; the current practice of disabling public access until the briefs are accepted sometimes burdens those who submit amicus briefs because they are unable to read the brief and so prevent duplicating arguments.

Free Expression and Censorship

To Filter or To Not Filter: Youtube is being accused of discrimination because its automated filtering algorithm has been found to demonetize or remove videos with LGBT content in addition to failing to prevent anti-LGBT advertisements appearing before such videos; having recently faced similar criticisms about discrimination and abuse of discretion, Spotify and Valve officially announced this week that they are rolling back their policy of blocking undesirable content.

When Saying Less is More: In the signal-driven world which drives capital markets, a single Tweet may have grave consequences; whereas disagreement exists over the impact of President Trump’s preemptive post “Looking forward to seeing the unemployment numbers at 8:30 this morning,” multiple economists assert that the act violates custom and, perhaps, federal regulation – the reality is that many trading firms already track social media traffic in the hope of anticipating events.

Practice Note

Back to Contracts 101: Dismissal of TWiT LLC’s trademark lawsuit against Twitter Inc in the Northern District of California, alleging that the latter violated a “coexistence” agreement, serves as a sobering reminder that, where required elements of a contract are absent, there is no contract.

On The Lighter Side

Alternative Diplomacy: As the likelihood of a Trump-Kim summit in Singapore becomes an ever-greater reality, let us not forget the original North Korean relations trailblazer – Dennis Rodman; the retired basketball star, who has actively promoted digital currency PotCoin in the past, is reportedly seeking funding from the startup for his new peace mission.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: June 1, 2018

Internet Governance

Grace Period Ends — GDPR Enforcement Begins: The EU’s General Data Protection Regulation (GDPR) is in effect as of May 25, 2018, giving teeth to the union’s asserted fundamental right to data protection by expanding the scope of what companies must consider personal data, increasing EU residents’ personal control over their data, and extending liability to any company collecting, storing, or processing personal data; fines are steep (up to 4 percent of a company’s global revenue), and privacy advocate noyb.eu has already filed four complaints against Google, Facebook, Instagram, and WhatsApp.

You Can Have Your Lights On and Cryptos Too: Striking a balance between residences, businesses, and cryptocurrency miners, Quebec’s government will lift its moratorium on the sale of electricity to miners during off-peak grid hours – an approach lauded for its balancing of social and technological interests at a time when miners are relocating from increasingly crypto-skeptical China to energy rich Quebec.

Making a List Of The Listmakers: Vermont passed a first-of-its-kind law that requires data brokers to register with the State, make disclosures to consumers and meet a minimum security standard; until this law, data brokers have been operating unregulated for years, quietly selling personal information to a variety of industries from advertising to banking.

Privacy

Email Privacy Act: The House of Representatives approved a bill containing the Email Privacy Act which codifies the 6th Circuit decision in Warshak that provides warrant protections for emails, chats, and online traded messages that the government requests from service providers; however, the future of the bill is uncertain as the Senate Republicans have been resistant to the Email Privacy Act in the past.

Getting Good With Faces: In a purported effort to prevent school shootings, the Lockport school district in New York has joined the new trend of schools deploying face recognition technology many believe to be ineffective while creating the risk of surveillance on students which could hinder the students psychologically and may disparately impact students of color; in a similar vein, Orlando Police Department confirmed this week that three surveillance cameras in downtown Orlando are equipped with face recognition technology to ACLU’s vehement disapproval.

Information Security and Cyberthreats

“The Current Situation Is Untenable”: OMB has found that nearly three-quarters of federal agencies lack even basic cybersecurity capabilities such as detecting cyber-intrusions, which may be difficult to remedy due to the unstandardized array of IT systems currently used; two weeks prior to the release of the OMB report, the White House eliminated the top cyber policy role in an effort to “streamline authority.”

Can Zou Hear Mich? Developed by a group of Austrian scientists, sonic firewalls respond to acoustic cookies’ (a.k.a. ultrasound beacons) use of covert audio signals to track ads and communicate silently with other devices without the owner’s knowledge; sonic firewalls do so by playing their own inaudible sound over any others with an option for creating exceptions.

Intellectual Property

Yo Soy Boricua Pa’ Que Tú Lo Sepas: “I’m Puerto Rican just so you know.” When a 1996 hit refrain turns into a popular expression, the line between copyrightable subject matter and fair use may become obfuscated; this is the problem Joel Bosch faces in his suit against Sony Music for use of his lyrics as a title for its 2014 album compiling hits from multiple Puerto Rican artists.

Google v. Oracle: Google filed a petition for an en banc rehearing on the copyrightability of an API naming system after the Federal Circuit, in March, found that Google infringed on Oracle’s copyright by copying  the names, organization, and functionality of the Java APIs in the Android OS; Google is arguing that API naming systems are systems of operation and thus not entitled to copyright protection and that the use of API declaration in a new context is protected by the fair use doctrine.

Free Expression and Censorship

Can’t Block This: Rejecting the view that tweets are not state action because they simply utilize a functionality available to all Twitter users, the SDNY’s Judge Buchwald ruled on Summary Judgment that the President’s use of Twitter constitutes (1) an official use of a public forum, (2) subject to government control, (3) where blocking users, constitutes an impermissible violation of the First Amendment’s protection of political speech.

No Politics Please: Facebook blocked divisive ads from foreign sources relating to Ireland’s Abortion Referendum in order to showcase their ability to curtail foreign meddling in political affairs in the aftermath of the 2016 election (Google also blocked all referendum-related spots); Facebook has also rolled out a new policy in the US that imposes heightened authorization requirements on those seeking to promote political content but its tendency to flag false positives and the general vagueness on what constitutes a “political ad” have infuriated many advertisers.

Practice Note

Get Off My Domain! UDRP permits the transfer of a domain name from a cybersquatter to the complainant if the complainant can prove that the disputed domain infringes on their trademark and was registered in bad faith; the factors that influence the complainant’s chances of prevailing in a WIPO arbitration includes the uniqueness of their trademark, the scienter of the respondent and the content of the webpage under the domain.

On The Lighter Side

Not Your Kid’s Kinda Muppets: Alleging that upcoming puppet crime-comedy film The Happytime Murders’ marketing campaign causes brand confusion and tarnishes the name of Sesame Street, the company’s parent filed suit in the SDNY against STX Productions; the Court said on Wednesday that STX may continue to use the tagline “No Sesame. All Street,” the turf war goes on.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Mindy Nam
William Ioas
Editorial Fellows, Fordham CLIP

CLIP-ings: April 26, 2018

Internet Governance

Huawei Investigation Continues: The Justice Department is reportedly investigating whether Huawei Technologies Co. violated U.S. sanctions against Iran, which could lead to criminal penalties for the company; the investigation comes after Congress proposed to block Huawei from government contracts and advised carriers, internet service providers, and private citizens against purchasing Huawei’s products.

EU Regulates Tech Commercial Relations: The European Union proposed rules that will for the first time govern commercial relations between tech giants and smaller businesses; the proposal requires target app stores, search engines, e-commerce sites, and hotel booking websites to be clear about how they rank search results and why they delist some services and empowers companies to collectively sue the online platforms for violation of these rules. 

Blockchain Verifies Jewelry: IBM and several jewelry companies, including Richline Group and Helzberg Diamonds, established a joint initiative called TrustChain to develop blockchain technology to trace the provenance of finished pieces of jewelry and ensure they are ethically sourced; the initiative tracks and authenticates diamonds and precious metals through every stage in the process of becoming finished jewelry and includes third-party oversight. 

Privacy

Identity Theft Of Children: A study released by Javelin Strategy and Research claims that more than one million children in the United States were affected by identity theft last year, causing $2.6 billion in losses and $540 million in out-of-pocket costs for families; the study states 60 percent of identity fraud victims who are children know the identity thief, while only seven percent of adult victims personally know the perpetrator.

Information Security and Cyberthreats

Hack On Hotel Master Keys: Security researchers uncovered a design flaw in the software of hotel master keys produced by VingCard, a global provider of hotel locking systems used in more than 42,000 properties in 166 countries; the researchers are helping hotels patch the problem, which allows hackers to create a master key to the building, within minutes using a regular hotel key, even if it is expired.

Bad Gamble: British teenager Kane Gamble was sentenced to two years at a youth detention center after pleading guilty to 10 hacking charges for hacking a number of high profile United States government employees, including former CIA director John Brennan and former director of intelligence, James Clapper; Gamble and others stole 40 attachments from Brennan’s email, broke into Clapper’s and his wife’s emails, and stole and leaked the contact info of 20,000 FBI personnel.

Intellectual Property

SCOTUS Upholds Patent Review Process: The Supreme Court upheld the Patent Office’s power to review and cancel issued patents through the inter partes review procedure of the Patent Trial and Appeal Board (PTAB); the case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC turned on whether PTAB’s administrative patent judges are constitutionally permitted to revoke patents or if this can only be done by Article III courts.

Monkey See, Monkey Selfie: The Ninth Circuit Court of Appeals ruled that an Indonesian crested macaque does not hold the copyright to selfies he took on a nature photographer’s camera in 2011, dismissing an appeal brought by PETA; the dispute over who owns the photo–monkey or man–arose when Wikipedia posted the image to its free to use website and the nature photographer asked to have it removed.

Free Expression and Censorship

Facebook Updates Community Standards: Facebook unveiled changes to its content review policy, adding an appeals process for removed content and releasing its moderation guidelines; the move–part of Facebook’s commitment to be more transparent about its content decisions–now allows posters of removed photos, videos, or posts to contest determinations they believe were wrongly made.

Texas’ ‘Revenge Porn’ Law Struck Down: A Texas appeals court struck down the state’s “Relationship Privacy Act,” holding that the statute is overbroad and infringes on free speech protections; the law, which passed the Texas Legislature unanimously in 2015, contains provisions that the state court worried could punish individuals who share intimate, private photos without knowing that they were, in fact, private. 

Practice Note

Yahoo! Fined $35M by SEC: The SEC announced that Altaba, the owner of the remnants of Yahoo!, agreed to pay a $35 million fine for failing until September 2016 to disclose a 2014 data breach in which hackers stole information from 500 million users; the SEC–which released guidance on disclosure of data breaches earlier this year–said in a statement that “public companies should have controls and procedures in place to properly evaluate cyber incidents and disclose material information to investors.”

On The Lighter Side

Going Green: Ever wonder how it feels to be the Hulk? Now you can find out. A new force feedback jacket developed by Disney Research, MIT Media Lab, and Carnegie Mellon University uses inflatable airbags to simulate the experience of turning into the superhero.


Information Law News From CLIP-ings International Correspondents Around the Globe

This academic year, former CLIP-ings Editorial Fellows studying abroad are reporting from time-to-time on current local news and developments in the field of information law!

From Meghna Prasad – Rome, Italy:

“We Gucci”:  After a nine-year intellectual property dispute between Gucci and Guess, the two brands reached a confidential settlement in longstanding a trademark infringement case that saw Gucci file suit in not only the U.S., but also in Italy, France, Australia, and China; the suit alleged that Guess was guilty of counterfeiting, unfair competition, and trademark infringement for its interlocking “G” logo on a line of Guess shoes.

Give Me a Break:  In advance of a final decision from the Court of Justice about whether the four-fingered shape of the KitKat bar is enough to justify the 2006 EU trademark KitKat holds, the advocate general recommended to the Court that there is not enough evidence to show that the chocolate is sufficiently known in the EU.

From Victoria Loeb – Paris, France:

EU Debates Cyber System: The European Commission proposed legislation to create an EU-wide cybersecurity certification system for technology products by funding, staffing and giving oversight authority to Athens-based EU agency ENISA; France’s cybersecurity agency ANSSI, one of Europe’s largest authorities for preventing breaches and responding to threats, is a proponent of EU-wide certification, but argues that member states must keep a level of control over the process.


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

N. Cameron Russell
Executive Director, Fordham CLIP

Erin Shahinfar
Subrina Chowdhury
Editorial Fellows, Fordham CLIP