CLIP-ings

Internet Governance

#Risky: The FDA required Kim Kardashian to remove from Instagram a post promoting a morning sickness drug on the ground that her failure to disclose the drug’s risks resulted in a “false and misleading” advertisement.

Scammers On Trial: The FTC charged two data brokers for illegally selling consumer loan application data, including social security and account numbers, to a third party who used the information to charge consumer accounts $7 million in unauthorized transactions.

Privacy

Encryption Tug-Of-War: In the ongoing dispute between the government and businesses over data encryption, the DOJ has asserted that service providers already maintain some access to user information for business purposes and that the same access should be extended to law enforcement.

Information Security And Cyberthreats

Pressed With Fraud: The SEC charged a “hacking ring” that allegedly stole over five years of not-yet-public press releases and used the information contained therein to predict and profit from changes in stock performance.

Intellectual Property

Battle Of The Alpha-Brands: BMW is assessing whether Alphabet, Google’s new parent company, infringes BMW’s trademark for a subsidiary of the same name; a dispute is unlikely because Google does not intend for the company to manufacture products.

Free Expression And Censorship

Voters Say Cheese: A New Hampshire court struck a state bill banning voters’ ballot selfies, which was enacted to prevent vote-buying schemes, as a “content-based restriction on speech.”

Practice Note

Social Network Expert: In a case about whether a man’s Facebook posts amounted to threats, an Indiana District Court has allowed expert testimony from a professor whose extensive research on the site’s users “qualifies her to opine on [their] general behavioral patterns.”

On The Lighter Side

Privacy? Priceless: A $240 pair of shades can protect your face from those harmful facial recognition rays.

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

Thomas B. Norton

Privacy Fellow, Fordham CLIP

Editorial Fellows

Elle Davis

Sam Borenzweig

 

Internet Governance

Uber Cap Taxied Away: Mayor Bill de Blasio pulled his plan to curb the company’s growth in New York City so long as it makes improvements for disabled passengers and provides the city with ride data.

Privacy

Constitutionally Warranted: A New York appeals court ruled that Facebook cannot challenge the constitutionality of warrants for users’ information on their behalf; other companies and privacy groups argue that the decision “could set a troubling precedent giving prosecutors access to all kinds of digital information.”

Information Security And Cyberthreats

Hackers vs. Cheaters: Hacking group The Impact Team breached the database of AshleyMadison, a website for people seeking extra-relational affairs, and now threatens to unveil information about its 37 million users if the site is not taken offline.

The Digital Seatbelt? Legislators introduced the Security and Privacy in Your Car Act, a bill that aims to safeguard Internet-connected vehicles’ critical control systems, which research has proven can be compromised even while in motion.

Intellectual Property

Stream On, FilmOn: A U.S. District Judge held that the video streaming service FilmOn is entitled to receive the same copyright license as cable companies; the decision stands in direct conflict with Second Circuit precedent and, if upheld, would “open a route to legal TV-over-Internet businesses.”

Free Expression And Censorship

Free Speech Hub No More? Some Reddit users assert that new CEO Steve Huffman’s proposal to ban from the site illicit content and that which “violates a common sense of decency” amounts to undue censorship of free speech.

Practice Note

Lock It Before You Pocket: The Sixth Circuit ruled that there is no reasonable expectation of privacy in statements recorded by the recipient of a pocket-dial.

On The Lighter Side

G0a1! Robots are taking over the World (Cup).

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

Thomas B. Norton

Privacy Fellow, Fordham CLIP

Editorial Fellows

Elle Davis

Sam Borenzweig

Internet Governance

Apple Damming The Stream? Now that Apple has its own music streaming service, the FTC is “looking into” whether the company’s practice of taking a 30 percent cut of in-app purchases from other music streaming services and its restrictive policies on rivals’ advertising in the App Store violate antitrust law.

Privacy

Third Time’s The Charm? The NTIA will soon host meetings to discuss drone privacy issues; privacy groups have previously walked out of NTIA talks because they believed the Agency’s proposed privacy practices would not afford consumers sufficient protection.

Information Security And Cyberthreats

“Ja” To IT Security Law: Germany passed legislation that requires over 2,000 companies and other “critical infrastructure” institutions to meet minimum cyber-security standards and to notify customers and the government about suspected cyber-attacks.

A Piracy Tale: The Authors Guild sent a letter to the House Judiciary Committee arguing that Congress should force ISPs to “preemptively filter[ ] pirated material” on their sites, as individual authors lack the means to monitor for stolen content.

Intellectual Property

First Bite Of The Apple: The owner of the “iWatch” trademark sued Apple for buying Google ads that display the Apple Watch when users search for “iWatch.”

Free Expression And Censorship

Content Controlled: Author and bookseller groups requested that the DOJ investigate Amazon for antitrust violations on the basis that some of the company’s practices, such as selling or blocking certain books due to political leanings, “impede the free flow of ideas in our society.”

Practice Note

Patent Case Fee-Shifting: After online retailer Newegg prevailed in a patent suit brought by non-practicing entity SFA, the Federal Circuit denied Newegg’s request for legal fees on the ground that the case was not “exceptional;” nevertheless, the decision “will help better define the rules for fee-shifting.”

On The Lighter Side

A Real Shocker: A man was arrested “on suspicion of abstracting electricity” after he charged his iPhone in an outlet he spotted on the train.

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

Thomas B. Norton

Privacy Fellow, Fordham CLIP

Editorial Fellows

Elle Davis

Sam Borenzweig

Internet Governance

Revenge Porn Takedown: Google will expand its otherwise “narrow and limited” search-result removal policy and soon consider requests to remove sexually explicit images posted without their subjects’ consent.

Subsidized Internet: In an effort to reduce the digital divide, the FCC voted to offer independent Internet access under Lifeline, a program that subsidizes telecommunications services for low-income households.

Privacy

No License To Scan: Louisiana Governor Bobby Jindal vetoed the state legislature’s “plan to acquire [license plate] scanners,” on the ground that they “create large pools” of law abiding citizens’ information.

Information Security and Cyberthreats

SEC Chases Phishers: In a recent investigation of hacks that informed insider trading, the Commission for the first time requested breach information directly from the hacked companies.

Intellectual Property

Cert. Patently Denied: Google unsuccessfully petitioned the Supreme Court to overturn the Federal Circuit’s finding that Street View infringes Vederi’s “vertical flat” imaging patents.

Free Expression and Censorship

Cyberharassment Not Free Speech: A New York district court held that a man’s statements on websites he created to deride his former employer were not protected by the First Amendment because they were defamatory and part of a “campaign of retaliatory harassment.”

Practice Note

The Justice League: The Supreme Court declined to overturn precedent and held that Marvel is not required to pay royalties to a Spider-Man toy’s inventor after his patent expired despite the parties’ agreement to the contrary.

On the Lighter Side

Bill Nye The Emoji Guy: Watch this science legend explain climate change with the help of a few emojis.

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

Thomas B. Norton

Privacy Fellow, Fordham CLIP

Editorial Fellows

Elle Davis

Sam Borenzweig

 

Internet Governance

FTC Tackles Crowdfunding: In a first-of-its-kind case, the FTC settled a complaint against the creator of a crowdfunding campaign who kept the funds he raised without delivering on the campaign’s promise.

Privacy

“No” To CISA, For Now: The Senate voted to exclude from the defense spending package a provision that would allow government agencies to take user data from private companies without judicial oversight.

Privacy Face-Off: Consumer advocacy groups withdrew from talks with the N.T.I.A. over privacy guidelines for facial recognition technology after finding the Agency unreceptive to “minimum rights for consumers,” such as the requirement that companies using the technology “seek and obtain [their] permission.”

Information Security and Cyberthreats

“Peanuts & Hacker-Jacks”: In the wake of claims that Cardinals officials hacked into the Astros’ database and compromised information about the team, the Astros’ General Manager denied allegations that he failed to use new passwords when he moved to his current position from the Cardinals.

Intellectual Property

Quit Copying Me: London’s Sunday Times issued a copyright infringement notice to a blog that criticized the paper’s front-page article and included an image of the article in its post.

Free Expression and Censorship

No Immunity In Estonia: In a decision incompatible with other EU precedent, the European Court of Human Rights ruled that an Estonian news site is liable for comments posted by users.

Practice Note

Employees Of The Month? The California Labor Commission’s ruling that an Uber driver is an employee and not an independent contractor suggests potentially broad implications for other start-ups that provide crowdsourced services.

On the Lighter Side

Four-Emoji Passcode? Apparently, “input from lots of millenials” led developers to create technology that allows emoji-compatible passwords. ¯\_(ツ)_/¯

Internet Governance

Land Of The (Tax) Free (Internet): The House passed the Permanent Internet Tax Freedom Act, which, if passed into law, would “bar U.S. states from taxing Internet access” but would leave open questions on state sales tax for e-commerce.

Privacy

The UK’s First Stingrays: London’s Metropolitan Police “refused to say who is controlling…or what is being done with” the twenty devices disguised as fake mobile phone towers that were discovered in the city.

Secret Court Supremacy? In accordance with the “transition period” provided for in the USA Freedom Act, the DOJ has filed to the FISC a request for permission to collect bulk metadata for six more months; authorization would contradict a Second Circuit ruling that such collection is illegal.

Information Security and Cyberthreats

Shame On US: After a hacking incident affected up to four million current and former government employees, President Obama declined to “point the finger” at China and instead urged Congress to pass stronger cybersecurity legislation.

Encryption Enables Terrorism? The FBI warned Congress and privacy-touting tech companies that the end-to-end encryption used by some messaging applications threatens national security by allowing for unmonitored communication about potentially nefarious activity.

Intellectual Property

Closing In On Patent Abuse: The Senate Judiciary Committee approved a draft of the Patent Act, which would impose stringent standards designed to deter non-practicing entities from filing frivolous lawsuits, including limits on discovery and fee-shifting provisions.

Free Expression and Censorship

True Threats? Shortly after the Supreme Court held that only “true threats” are criminal, the DOJ subpoenaed Reason.com to identify six users who made threatening comments on the site about the judge in the Silk Road trial.

On the Lighter Side

Stop, Drop, And Don’t Instagram: This Dutch fire safety sign burns the social media generation.