CLIP-ings

Internet Governance Lawmakers Urge FTC to Rein in VPN Companies: Congressional Democrats have written to the Commission urging it to crack down on Virtual Private Network companies for misrepresenting their products and failing to provide adequate security for users. The letter, which comes in the wake of the overturning of Roe v. Wade, alleges that the companies’ misrepresentations are “giving abortion-seekers a false sense of security when searching for abortion-related care or information, putting them at a higher risk of prosecution.”

Privacy Newly Released Documents Reveal Department of Homeland Security’s Vast, Warrantless Use of Location Data: The trove of documents released by the American Civil Liberties Union includes contracts with data brokers and communications between agency officials expressing privacy concerns about the use of location data generated by mobile devices.

Information Security and Cyberthreats FBI Warns of Fake Cryptocurrency Apps: The apps, which copy the names and logos of legitimate apps, have defrauded at least 244 victims out of an estimated $42.7 million.

Intellectual Property Meta is Suing Meta for Trademark Infringement: Art installation company Meta.is, which owns the trademark “META” and has been in operation for over twelve years, is suing the company that is formerly Facebook, alleging that the company’s numerous scandals and “the toxicity that is inextricably linked with Facebook” make its mark unfit for promoting goods and services.

Freedom of Expression and Censorship Amazon Sues 10,000 Facebook Group Moderators for Facilitating Fake Product Reviews: The groups, which are recruitment grounds for sellers to find people to post fake reviews in exchange for money or products, have titles such as “Amazon Product Review” and membership numbering in the thousands. Amazon employs a team of over 12,000 to find similar fake review scams across social media properties.

Practice Note New Version of American Data Privacy and Protection Act Released: The new version of the draft bill, which has bipartisan support in Congress, emphasizes data minimization and, among other things, would prohibit targeted advertising based on sensitive information and information about peoples’ online activities across websites.

On the Lighter Side DALL-E Available in Beta: The popular AI image generator is now available to the first 1 million who add their names to a waitlist.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance FTC Announces Focus on Highly Sensitive Data: In a statement released this week, the Commission committed to “using the full scope of its legal authorities” to enforce the law against companies that engage in conduct that unlawfully “exploits Americans’ location, health, or other sensitive data.”

Privacy Ring Rejects Lawmaker’s Requests to Improve Privacy: After product testing revealed that the company’s doorbell video cameras are capable of capturing audio from a long range away from the devices, Senator Markey asked the company to disable audio recording by default. In its response, Ring rejected the request, as well as a request to not apply voice-recognition techniques to collected audio.

Information Security and Cyberthreats Hacker Purportedly Steals Data on One Billion Chinese Citizens from Shanghai Police: In a post on a popular hacker forum, the anonymous thief offered for sale 23 terabytes worth of “information on 1 Billion Chinese national residents and several billion case records, including: name, address, birthplace, national ID number, mobile number, all crime/case details.” The data was supposedly exposed on a non-password-protected Alibaba-powered dashboard, and Alibaba executives have been called for questioning in relation to the theft.

Intellectual Property YouTube Restores Popular “Lofi Girl” Channel in the Wake of “Abusive” Copyright Notices: The popular music channel was removed after being hit with Digital Millennium Copyright Act takedown notices that YouTube later determined were “false copyright strikes.” Although YouTube restored the channel, its operators used the incident to criticize YouTube’s system for reviewing copyright claims.

Freedom of Expression and Censorship TikTok to Deploy “Content Levels” To Protect Young Users from Inappropriate Content: The rating system, which is designed to function similarly to the rating systems used in film and video gaming, will shield content featuring “mature or complex themes” from users under 18. TikTok has not yet clarified its methodology for classifying content or applying rankings.

Practice Note Section 230 Doesn’t Shield Omegle in Child Predator Suit: The District of Oregon found that the chat service was not entitled to immunity for claims alleging that its defective design facilitated the matching of an eleven-year-old girl with a man who sexually abused her.

On the Lighter Side UK Court Allows Claimant to Serve Defendants Via NFT: In a case alleging that unknown defendants misappropriated a business owner’s cryptocurrency, the court allowed the claimant to serve process by sending an NFT of the pleadings to the crypto wallets into which he initially deposited the cryptocurrency.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance EU Passes Landmark Tech Regulation: The Digital Services Act will ensure that platforms such as Facebook, Amazon, and Google strengthen content moderation, the privacy of sensitive data, and AI transparency, while the Digital Markets Act will curb dominant companies such as Google, Apple, and Microsoft from abusing their market share.

Privacy Google Takes Privacy-Enhancing Steps in Light of Abortion Restrictions: The company has limited a feature that allows app developers to collect information about other apps a user has installed on their Android devices, including apps related to reproductive health. Google also announced that it will begin to delete location data on devices that have been in close proximity to a “sensitive medical location.”

Information Security and Cyberthreats Marriott Breached Again: Although not as serious as previous breaches, the latest breach resulted in the theft of 20GB of data that includes “confidential business documents” and customer payment information that would enable fraudulent credit card purchases. A Marriott spokesperson noted that the hack was perpetrated by a single threat actor who used social engineering to gain access to an employee’s computer and who attempted to extort the company before going public with the theft.

Intellectual Property FBI, MI5, Warn of China’s Efforts to Steal Tech: In a joint appearance before business and university leaders, the heads of the two security agencies warned of an “immense” effort by the Chinese Communist Party to steal technology “on a massive scale.”

Freedom of Expression and Censorship Twitter Sues in India over Account-Blocking Orders: The platform is challenging orders issued pursuant to the country’s tech rules, which require that tech companies remove certain types of content, as “excessive” and “disproportionate.”

Practice Note Japan Strengthens Consequences for Online Insults: Amendments to the country’s penal law designed to curb cyberbullying provide for one year of jail time and fines of up to 300,000 yen ($2,200).

On the Lighter Side Teaching an Old Dog New Tricks: A programmer configured a 40-year-old Commodore computer to play YouTube videos using its classic monochrome green display.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance FCC Commissioner Calls Upon Google and Apple to Remove TikTok from their App Stores: In a letter sent to the companies, Commissioner Brendan Carr called the popular app a “sophisticated surveillance tool that harvests extensive amounts of personal and sensitive data,” and asked the companies to justify how its “surreptitious” data collection and “pattern of misleading representations and conduct” does not put it in violation of the their terms of service.

Privacy Biden to Call on FTC to Protect Sensitive Health Information in Wake of Roe v. Wade Overruling: The President is expected to issue a letter to the Commission instructing it to clamp down on unfair and deceptive practices related to the use of sensitive health information by online platforms. Earlier this month, Senator Elizabeth Warren introduced a bill that would broadly ban the sale of such information.

Information Security and Cyberthreats FBI Warns that Cybercriminals Are Using Deepfakes to Apply for Remote Gigs: Cybercrooks are appearing via deepfake for interviews for targeted jobs in the tech sector that would grant them access to customer information, financial data, and other corporate databases.

Intellectual Property Supreme Court Won’t Hear Apple’s Renewed Attempt to Invalidate Qualcomm Patents: Although the parties in 2019 settled litigation over Apple’s use of the patents, which Qualcomm alleged that Apple infringed in its iPhones, iPads, and Apple Watches, Apple’s latest appeal was based on a theory that it could become subject to future suits once the settlement agreement expires in a few years.

Freedom of Expression and Censorship Meta Properties to Remove Posts Offering Abortion Pills: Facebook and Instagram have begun to remove posts by users offering to mail abortion pills to those who need them on the basis that the posts violate the company’s prohibition on the sale, trade, or donation of pharmaceuticals. In tests, similar posts about guns or drugs were not removed despite similar prohibitions, and Facebook has admitted to inadvertently removing non-prohibited content, such as posts declaring that “abortion pills can be mailed.”

Practice Note FTC Takes Action Against CafePress: A complaint against the merchandise customizer alleges that it covered up a data breach and failed to implement reasonable measures to secure customers’ sensitive information, which included plaintext Social Security numbers, poorly encrypted passwords, and the answers to password questions.

On the Lighter Side Facial Recognition for Four-Legged Friends: A new pet door uses an “array of infrared cameras” to recognize your pet, and comes pre-trained to recognize other types of animals, to ensure that only your animal makes it in and out of the house.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance TikTok Updates Branded-Content Policy in Light of EU Rules: Following a complaint by a consumer-rights organization alleging that the company failed to protect users against hidden advertising in violation of EU rules, TikTok worked with the European Commission to update its branded-content policy to prohibit “inappropriate products and services” and “get rich quick” schemes. Meta Settles with DOJ over Discriminatory Housing Ads: To settle the DOJ’s suit, which alleged that Facebook enabled landlords and property sellers to discriminate against housing seekers based on race, sex, religion, and other characteristics, Facebook will stop using its Special Ad Audiences tool in connection with advertisements related to housing, employment, and financial services.

Privacy TikTok-Oracle Partnership Aimed at Securing User Data, but Privacy Concerns Remain: The companies have joined forces to route data from TikTok’s U.S. users through Oracle’s servers to better safeguard user privacy and TikTok’s systems. Nevertheless, recordings of internal TikTok staff meetings suggest that the company’s China-based employees regularly access U.S. user data.

Information Security and Cyberthreats New Report Sheds Light on Early Russian Cyber Efforts in Ukraine Conflict: A new report by Microsoft reveals that early in the Russia-Ukraine conflict, Russia launched more cyberattacks than was previously known, but that over two-thirds of them were unsuccessful–due in large part to Ukraine’s preparedness to fend off the attacks. The report also reveals that at the same time, Russia engaged in successful disinformation campaigns.

Intellectual Property FTC Ups Right-to-Repair Enforcement Against Harley Davidson and Westinghouse: A consent order proposed by the Commission would require the companies to fix “illegal” warranty terms that provide that a warranty is voided if a customer turns to independent dealers for parts or repairs.

Practice Note Federal Court Rules Constitutional Protections Apply to DMCA Subpoenas: In a case involving photos of a private-equity billionaire posted with commentary by an anonymous Twitter user, the Northern District of California quashed a subpoena issued under the Digital Millennium Copyright Act to unmask the anonymous defendant. The court ruled that the party seeking disclosure of the poster’s identity failed to state a prima facie case for its copyright claim and failed to show that the need for discovery outweighed the poster’s First Amendment interests.

On the Lighter Side First AI-Created Craft Beer to Debut: The recipe for the brew was generated by AI trained on drinker input as reflected in beer reviews and surveys.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Proposed Bill Would Prohibit Sale of Location and Health Data by Data Brokers: The Health and Location Data Protection Act, proposed by Senator Elizabeth Warren, would ban data brokers from selling or transferring the data types and would require the Federal Trade Commission to promulgate rules for the law’s implementation.

Privacy Federal Data Privacy Law Garners Bipartisan Support: The American Data Privacy and Protection Act, which is “the closest [lawmakers have] come to establishing a national standard,” would provide users with the rights to access, correct, and delete their data, would encode data minimization principles, and would emphasize protections for civil liberties and children. While the proposed bill has received support from both sides of the aisle, certain provisions, such as the law’s private right of action, have been met with criticism from businesses and lawmakers alike.  Report Suggests that Facebook Collects Data About Individuals Seeking Abortion Information: An investigative report by nonprofit journalism outfits The Markup and Reveal suggests that some crisis pregnancy center websites share information about visitors with Facebook. While it’s unclear what Facebook does with the data, privacy advocates warn that it could be used against potential abortion seekers in states where the procedure is outlawed, or to target people with procedure-related advertising or misinformation.

Intellectual Property Jury Awards Oracle $30 Million in Copyright Infringement Suit: The jury concluded that competitor Hewlett Packard unlawfully used Oracle’s software to provide updates to customers running Oracle’s Solaris operating system without having service contracts in place.

Freedom of Expression and Censorship Major Tech Companies Sign On to EU’s New Playbook for Fighting Misinformation: Some of the world’s biggest tech companies have agreed to take greater measures to combat misinformation on their platforms by agreeing to the bloc’s “Code of Practice on disinformation,” a set of guidelines and commitments aimed at minimizing fake news and propaganda online.

Practice Note Massachusetts Supreme Judicial Court Deals Blow to Gig-Economy Companies: The court struck down a ballot initiative bankrolled by gig-economy companies such as Lyft and Uber that, if passed, would have classified gig-workers as independent contractors. According to the court, the ballot initiative’s “vaguely worded provisions” put it in violation of the state’s constitution.

On the Lighter Side What Would RBG Say? A newly-released AI-powered chatbot trained on 600,000 words from former Justice Ruth Bader Ginsburg’s legal opinions offers a verdict on nearly any question you can think to ask.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Texas AG Investigates Fake Twitter Accounts: Texas Attorney General Ken Paxton is investigating whether the social media platform may be under-reporting the number of fake users on its site. According to Paxton, misleading reporting could amount to a violation of the state’s Deceptive Trade Practices Act. European Parliament Reaches Agreement on Common Charger: Lawmakers agreed on legislation that would require that all smartphones and similar devices be chargeable using a USB-C port. The rules, which still need to be formally approved by the EU Parliament and Council, are designed to reduce cost to consumers and minimize e-waste.

Privacy Google Settles Facial Recognition Suit for $100 Million: The class action alleged that the “Face Grouping” feature of the company’s photo platform, which automatically grouped together photos of the same individual, violated Illinois’ Biometric Privacy Law by collecting and analyzing face data without appropriate notice or consent.

Information Security and Cyberthreats Feds Shut Down Online Marketplace for Social Security Numbers: The FBI, DOJ, and IRS seized websites owned by the SSNDOB Marketplace, which is alleged to have sold the Social Security numbers and dates of birth of 24 million people.

Intellectual Property New York Passes Right-to-Repair Bill: The Digital Fair Repair Act, which awaits the governor’s signature, requires many digital device manufacturers to make parts, tools, and information about diagnostics and repair available to consumers and independent repair facilities. The bill exempts some types of devices, including medical devices, home appliances, agricultural equipment, and others.

Freedom of Expression and Censorship Facebook Applies 10-Strike Policy to its Ban on Gun Sales: Internal documents and interviews with employees reveal that the company applies a lenient policy toward punishing users who violate the ban.

On the Lighter Side Take Your Hoops Game to the Next Level: A smart basketball hoop can track your shot and fly through the air to meet the ball wherever it is so you never miss.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance New York City High-Speed Internet Access Plan Paused: The Internet Master Plan, which was initiated by former Mayor Bill DeBlasio and would bring affordable, high-speed internet to underserved areas and increase competition in the marketplace for access, has been placed on hold by the new administration while it is being “re-evaluated.”

Privacy Tim Horton’s Found to Violate Canadian Law by Collecting Location Data: The Office of the Privacy Commissioner of Canada announced that the popular coffee company violated the country’s privacy laws by collecting “vast” amounts of location data from users of its mobile app without adequate notice. The company must delete the unlawfully-collected data and instruct third-party service providers to do the same.

Information Security and Cyberthreats Boston Children’s Hospital Targeted in Attempted Cyberattack: FBI Director Christopher Wray announced this week that his Bureau thwarted a cyberattack on the hospital by a group of hackers sponsored by Iran. Wray noted that the prior relationship between the hospital and the FBI helped avoid the attack, which would have been “one of the most despicable cyberattacks [he’d have] seen.”

Intellectual Property California Right-to-Repair Bill Dies in Committee: Despite broad, bipartisan public support, SB 983 was killed in committee, possibly as the result of influence from tech-sector lobbyists, or out of concerns by lawmakers about the cost to the state of enforcing a right to repair.

Freedom of Expression and Censorship SCOTUS Blocks Texas Social Media Law: After the Fifth Circuit Court of Appeals thrust the controversial law into effect by overturning a lower court ruling, the Supreme Court has blocked the law, which would prohibit online platforms from moderating content based on viewpoint and would empower users to sue platforms for alleged censorship of their political views.

Practice Note Former NFT Executive Charged with Insider Trading: The U.S. Attorney for the Southern District of New York charged the former OpenSea executive with “wire fraud and money laundering in connection with a scheme to commit insider trading” for his role in purchasing NFT collections that he knew were soon to be featured on the NFT startup’s homepage.

On the Lighter Side Burritos on the Blockchain: Popular fast-food chain Chipotle will begin accepting payments in cryptocurrency.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance NY Attorney General Investigates Platforms Over their Roles in Buffalo Shooting: Following reports that the gunman who killed 10 in a racially-motivated shooting in Buffalo earlier this week planned his attack on Discord, Attorney General Leticia James announced that her office will investigate the extent to which not only Discord, but platforms including Twitch, 4chan, and others, were “used to stream, promote, or plan,” or “discuss and amplify,” the attack.

Privacy Senate Democrats Urge the FTC to Investigate ID.me: A group of lawmakers led by Senator Ron Wyden have asked the Commission to investigate whether the identification-services company misled the public by claiming that it did not employ “one-to-many” facial recognition techniques, only to later backtrack on that claim. The IRS has relied less on the company due to privacy concerns, but many state and federal agencies still use it to verify the identities of Americans seeking vital services.

Information Security and Cyberthreats 1.8 Million Texans’ Personal Data Exposed for Three Years: A recent state audit report revealed that information including the names, addresses, birthdates, and Social Security numbers of Texas residents who filed workers’ compensation claims with the state’s Department of Insurance was available online due to a “glitch in the programming code of the department’s web application.”

Intellectual Property Singapore Supreme Court Enjoins Sale and Transfer of Bored Ape Yacht Club NFT: The case is touted as one of the first of its kind in recognizing NFTs as an asset, as well as in establishing Singaporean courts’ jurisdiction over blockchain-based assets. The injunction prevents the sale of the NFT held by an escrow agent as collateral for a foreclosed loan.

Freedom of Expression and Censorship Supreme Court Asked to Block Texas Social Media Law: An unlikely group of allies from the tech and advocacy spheres has petitioned the Court to block the controversial law, which sprung into effect last week following a decision by the Fifth Circuit Court of Appeals. Texas has argued that the law should remain in effect.

Practice Note Department of Justice Issues New CFAA Charging Guidance: The Department’s revised policy for Computer Fraud and Abuse Act charges clarifies that “good-faith security research” should not be charged, and that certain “hypothetical CFAA violations that have concerned some courts and commentators,” such as embellishing an online dating profile contrary to the service’s terms, using a pseudonym on a social networking site that prohibits them, or checking sports scores or paying bills at work, are not on their own sufficient for charges.

On the Lighter Side Elders Turning to TikTok to Combat Ageist Stereotypes: New research reveals a “counter-cultural phenomenon” in which users over 60 increasingly turn to the popular platform to create sometimes-viral content that “embrac[es] or even celebrat[es] their aged status.”

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP

Internet Governance Alvaro Bedoya Confirmed as FTC Commissioner: After Senate Majority Leader Chuck Schumer invoked a discharge petition to advance a vote to the full Senate out of a deadlocked Commerce, Science and Transportation Committee, Bedoya was confirmed on a tie-breaking vote cast by Vice President Kamala Harris. The confirmation gives Democrats a majority on the Commission, which will likely lead to more aggressive enforcement against tech companies and new privacy regulations.

Privacy ICE’s Sweeping Surveillance Capabilities Highlighted in New Report: A report by Georgetown Law’s Center on Privacy & Technology reveals that Immigration and Customs Enforcement has built “a surveillance system that can investigate the majority of U.S. adults” by acquiring, for example, driver’s license data and data from utilities accounts. Review of ICE contracts reveals that the agency bypasses legal limits on surveillance by purchasing information from data brokers. Clearview AI to Restrict Software Sales to Law Enforcement: As part of a settlement in a 2020 suit alleging that the controversial facial recognition company violated Illinois’ Biometric Information Privacy Act, Clearview will be prohibited from making its product available to private companies or individuals.

Information Security and Cyberthreats U.S. Offers $15 Million for Help Identifying and Apprehending Hackers Behind Ransomware Attack on Costa Rica: The country’s president has declared a state of emergency after individuals associated with the Conti hacking group attacked Costa Rican government systems, including those of its treasury and Labor and Social security ministries, and shared pilfered data online.

Intellectual Property Google Begins Paying News Publishers for Content in EU: The company announced that, in light of the bloc’s Copyright Directive, it has struck deals with 300 publishers to license their content for use in snippets and thumbnails in search results. Google also released a new tool to help other publishers negotiate licensing agreements with the company.

Freedom of Expression and Censorship Texas Social Media Censorship Law Restored: HB 20, which allows social media users to sue platforms if they believe they have been banned for expressing political views, has come back into effect after the Fifth Circuit Court of Appeals lifted a temporary injunction issued late last year.

On the Lighter Side Twitter Gamifies Privacy: In conjunction with a new privacy policy, the social media platform introduced an 8-bit game that users can play to learn about its privacy practices.

If you enjoy reading CLIP-ings, please consider making a contribution to Fordham CLIP. Your support provides crucial funding at a time when the study of information law and policy is more important than ever.

Ron Lazebnik Academic Director, Fordham CLIP Tom Norton Executive Director, Fordham CLIP