CLIP-ings: December 17, 2021

Internet Governance

Facebook Oversight Board Calls For Investigation Of Company’s Role In Ethiopian Violence: As part of a decision to uphold the removal of a post claiming without evidence that Tigrayan civilians perpetrated violence against women and children, the Board asked the company to “commission an independent human rights due diligence assessment on how Facebook and Instagram have been used to spread hate speech and unverified rumors that heighten the risk of violence in Ethiopia.”

European Commission Proposes Algorithmic Management Rules For Transparency In The Gig Economy: The proposed Directive builds off and clarifies the GDPR to provide for limitations on data collection, human oversight of AI systems, the right to challenge job-related automatic decisions, and others.
Privacy

Norwegian Data Protection Authority Fines Grindr €6.5 Million For GDPR Violation: The fine, which is the largest the DPA has issued, was levied after an investigation revealed that the popular dating app shared users’ GPS locations, IP addresses, advertising IDs, ages, and genders with third parties “for behavioural advertisement without a legal basis.”

Huawei Documents Suggest Link To China’s Surveillance Programs: Over 100 “confidential” PowerPoint presentations once posted on a public-facing Huawei website showcase company products designed for voice analysis, detention center monitoring, location tracking for individuals, police surveillance, and employer surveillance; the company says that it did not develop or sell any product designed to target specific groups, and that “[p]rivacy protection is [its] top priority.”
Information Security and Cyberthreats

Ransomware Attack Of Payroll Company Jeopardizes Pre-Holiday Paychecks For Major Organizations: Ultimate Kronos Group, which provides payroll and HR services for organizations such as Tesla, Honda, MGM Resorts, and New York City’s Metropolitan Transportation Authority, was affected by a ransomware attack that has some of its services offline without a timeline for when they may be available again.
Free Expression and Censorship

Artist Loses “@metaverse” Instagram Handle Shortly After Facebook Announces Name Change: Just days after Mark Zuckerberg announced that Facebook would become Meta, Thea-Mai Baumann, owner of the decade-old @metaverse Instagram handle, found that her account had been blocked under the platform’s policy against impersonation; despite attempting to verify her identity with Instagram and hiring a lawyer, Bauman had the account restored only after The New York Times contacted Meta about the issue.
Practice Note

Amendment To Japan’s Telecommunications Business Law Would Require Disclosure Of Locations For Physical Data Storage: If passed, the amendment would require that search engines, social media platforms, and mobile phone companies disclose where they physically store users’ data; the move comes after data from LINE, a messaging app popular in the country, became vulnerable after being routed through China last year.
On the Lighter Side

Meta Develops Tech To Animate Children’s Drawings: The first-of-its-kind AI method automatically animates user-uploaded drawings of people and human-like figures.
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

CLIP-ings: December 10, 2021

Internet Governance

Complaint Alleges Ads In Amazon Search Results Deceive Consumers: A complaint brought before the Federal Trade Commission by labor union coalition Strategic Organizing Center alleges that Amazon’s frequent inclusion of sponsored ads in its search results amounts to “near-categorical noncompliance” with FTC rules prohibiting search engines from deceptively including ads in organic search results. 

Italy’s Antitrust Authority Fines Amazon $1.2 Billion For Anticompetitive Logistics Servicing: The regulator determined that the company abused its market dominance by tying key features to the use of its Fulfilled By Amazon service, which put third-party sellers at a disadvantage.
Privacy

Apple Permits User Data Use For Targeted Advertising Despite Privacy Changes: Even though users have the option to ask apps not to track them as part of privacy changes Apple rolled out earlier this year, companies have nevertheless been allowed to rely on user-level iPhone signals for advertising purposes so long as the data is anonymized, aggregated, and not personally identifiable.
Information Security and Cyberthreats

Google Disrupts Massive Botnet, While Microsoft Seizes Control Of China-Based Hacking Group Servers: In coordination with internet infrastructure service providers, Google broke up a network of nearly one million devices infected with Gulpteba malware and sued the botnet’s two Russia-based operators in an effort to “set a precedent, create legal and liability risks for the botnet operators, and help deter future activity”; similarly, Microsoft seized control of malicious websites and servers that the China-based Nickel hacking group used to perpetrate cyberattacks to advance the country’s geopolitical interests.
Intellectual Property

Clearview AI Set To Receive Patent For Its Facial Recognition-Powered Search Engine: The U.S.P.T.O. issued a notice of allowance to the controversial face-recognition company for a patent that covers “methods of providing information about a person based on facial recognition,” which includes an “automated web crawler” that scans and matches images on the web; civil rights and privacy advocates worry that the patent will help ensure the growth of facial recognition tech before lawmakers and regulators get the opportunity to evaluate all its potential dangers.
Free Expression and Censorship

Rohingya Refugees Sue Facebook For $150 Billion Over Failure To Stop Spread Of Misinformation Leading To Myanmar Violence: The lawsuits spearheaded by legal teams in the U.S. and the UK allege that Facebook knew about, but did little to stop the spread of, anti-Rohingya content on is platform.
Practice Note

German Court Enjoins Sharing Of Complete IP Address With U.S.-Based Cookie Consent Management Service: The court enjoined university Hochschule RheinMain from using a cookie preference service that shares users’ complete IP addresses with a U.S.-based company on the basis that the sharing runs afoul of data protection law and the Court of Justice of the European Union’s Schrems II decision.
On the Lighter Side

Uber Turns To Tree-Hailing: This holiday season, customers in select cities can use Uber’s Holiday Hub to order decorations such as trees and wreaths.
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

CLIP-ings: December 3, 2021

Internet Governance

UK Competition Authority Orders Meta To Unwind Giphy Acquisition: In a first-of-its-kind effort, the Competition and Markets Authority ruled that Meta must sell Giphy after determining that the acquisition could harm competition by forcing more users onto Meta products and by removing Giphy’s competing advertising services from the market.
Privacy

UK Information Commissioner’s Office Fines Clearview AI £17 million: In the wake of a similar ruling out of Australia, the ICO provisionally fined the controversial photo-gathering company for allegedly failing to notify individuals about its data-scraping practices, processing data unfairly, and lacking a lawful basis to process data, among other things.

Newly Released FBI Document Sheds Light On Law Enforcement Access To Messaging Data: The “Lawful Access” document outlines the Bureau’s ability to “legally access secure content on leading messaging applications” using various legal processes; chief among the document’s revelations is that the most popular platforms, such as iMessage and WhatsApp, are the “most permissive,” with WhatsApp able to convey near-real-time metadata to law enforcement, including data about which users communicate with one another and when.
Information Security and Cyberthreats

Widely Downloaded Google Play Store Apps Revealed To Be Malware: A group of apps downloaded over 300,000 times circumvented Google’s malware and fraudulent-app detection system by initially appearing benign, only to later push users to download updates that morphed the apps into “banking trojans” that secretly stole passwords, two-factor authentication codes, and more.

U.S. Faces Cybersecurity Worker Shortage: Despite growing threats of cyber attacks, companies and public-sector entities are struggling to fill nearly 600,000 vacant cybersecurity positions; to fill the void, the government, private entities, and nonprofit organizations have ramped up efforts to train individuals for the roles.
Free Expression and Censorship

Federal Judge Enjoins Texas Law Prohibiting Social Media Platforms From Blocking Political Content: The court found that the law, which was passed in response to the perception that social networks stifle conservative viewpoints, violates social media platforms’ First Amendment right to exercise editorial discretion.
Practice Note

Australia Plans To Compel Social Networks To Unmask Trolls Who Defame: The country’s Prime Minister announced planned legislation that would give social media companies the power “to unmask anonymous online trolls” so that they may be sued for defamation; the announcement also carried a “pledge to legislate so that Australian publishers are no longer liable for defamatory comments made on their social media presences,” which would effectively reverse a ruling from the country’s High Court earlier this year.
On the Lighter Side

Ring In The Holidays With An Ugly Windows Sweater: Microsoft has released an “ugly sweater” in the style of the popular Windows game Minesweeper.
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

CLIP-ings: November 19, 2021

Internet Governance

Meta Faces Lawsuit In Ohio Over Facebook Whistleblower Revelations: The securities suit brought by the state’s Attorney General on behalf of the Ohio Public Employees Retirement System and other investors alleges that the company misled the public about the “safety, security, and privacy of its platform,” and that fallout from whistleblower Frances Haugen’s revelations has cost investors over $100 billion.
Privacy

Instagram Turns To Video Selfies For Account Verification: The platform has begun asking that users of suspected bot accounts submit video selfies that showcase “all angles of [the] face”; while Instagram owner Meta last week announced that it will begin shutting down certain uses of facial recognition, the company said that Instagram teams—not facial recognition technology—review verification videos. 

Artists And Rights Groups Condemn The Use Of Palm-Reading Technology At Concert Venues: In a letter to ticket provider AXS, its parent AEG, and the Red Rocks amphitheater, over 200 artists and activists have demanded the cancellation of contracts to use the Amazon One palm-reading technology—and other forms of biometric technology—at venues over concerns that Amazon may send biometric data to law enforcement agencies for use toward tracking activists and marginalized people.
Information Security and Cyberthreats

Robinhood Hackers Made Away With “Several Thousand” Phone Numbers: The investment platform, which revealed a significant security breach last week, announced that in addition to stealing usernames and email addresses, the hackers also stole an estimated 4,400 phone numbers, which may be used to perpetrate further hacks.

Singaporean Data Protection Authority Fines Travel Company For Data Breach: In response to the largest data breach it’s handled to date, Singapore’s Personal Data Protection Commission fined Commeasure for a breach that exposed 5.9 million users’ names, phone numbers, email addresses, birthdays, passwords, and booking information.
Intellectual Property

Apple Expands Consumer Options For Self-Repair: In what amounts to a significant shift for the company, beginning next year it will begin to publish repair manuals and make parts for its products available for sale to the public so that users can repair their own devices.
Free Expression and Censorship

Disney’s Text-To-Speech TikTok Voice Censored Certain LGBTQ Words: The feature, which rolled out last week as part of a Disney Plus Day promotion and converts text to speech in the sound of various Disney characters’ voices, initially skipped over words such as “gay,” “lesbian,” or “queer”; the issue has now been resolved without comment from TikTok.
On the Lighter Side

Instagram Introduces “Rage Shake” For Reporting Problems: Users who experience technical issues with the app can take out their frustration (and send a report to Instagram) by vigorously shaking their phone.
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

CLIP-ings: November 12, 2021

Internet Governance

DOJ Suit Alleges Uber’s “Wait Time” Fees For Passengers With Disabilities Violate ADA: In the suit, the Department of Justice alleges that the ridesharing company’s practice of subjecting riders who take extra time to enter vehicles to extra fees violates the Americans With Disabilities Act; Uber, which calls the suit “surprising and disappointing,” says that the fees were not intended for riders with valid needs for extra time, and has already “automatically waived” them for riders who self-certify as disabled.

Google Loses Appeal In EU Price-Comparison Shopping Antitrust Case: The bloc’s General Court upheld a 2017 decision by the European Commission to fine the company €2.4 billion for prioritizing its own price-comparison shopping service while “relegating the results from competing comparison services . . . by means of ranking algorithms.”
Privacy

Meta Will Curtail Advertisers’ Ability To Target Ads Based On Sensitive Categories: Beginning in 2022, the company (formerly Facebook) will remove keywords that enable advertisers to perform “Detailed Targeting” of users based on sensitive characteristics such as health, race or ethnicity, political affiliation, religion, and sexual orientation; the change will apply broadly across Facebook, Instagram, and Messenger, as well as Meta’s “audience network.”
Information Security and Cyberthreats

Stock-Trading App Robinhood Suffers Breach: 7 million customers were reportedly affected by the hack, with 5 million having their email addresses leaked, 2 million having their full names leaked, and just over 300 having their names, dates of birth, and zip codes leaked.
Intellectual Property

Apple Will Stop Disabling Face ID On Independently Repaired iPhones: In a move that bolsters the right to repair, the company is releasing a software update for the iPhone 13 model that will ensure that Face ID functions after a device’s screen is replaced; prior to the update, the feature would not work if third-party repair shops replaced a phone’s screen without also undertaking a time-consuming and laborious process to replace a microcontroller in the device’s display.
Free Expression and Censorship

YouTube To Hide Dislikes To Curb Harassment: To prevent abuses including coordinated efforts to increase the number of dislikes on the videos of particular users, YouTube will stop making dislike counts publicly visible and will instead show them only on content creators’ private dashboards.
Practice Note

UK Supreme Court Denies Class Action Against Google Over Secret Tracking: The court ruled that the £3 billion proposed class action brought on behalf of 4.4 million people, which alleged that Google misused iPhone users’ data by collecting information about their internet usage when they believed they were opted out of tracking, was “unsustainable” in that it alleged only unlawful data processing and did not detail each individual’s resulting suffering of material damage or mental distress.
On the Lighter Side

Find Your Pet In Art History: As a follow-up to its 2018 Art Selfie feature, which harnessed AI to match your photo with lookalikes in famous paintings, Google has now released Pet Portraits, which compares your pets with animals depicted in artworks around the globe.
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

CLIP-ings: November 5, 2021

Internet Governance

Former Google Employee Joins FTC As AI Policy Advisor: Meredith Whittaker, whose work at Google and on New York City’s Automated Decision Systems Task Force focused on algorithmic equity and transparency, will join the Commission as Senior Advisor on AI; in 2018, Whittaker organized a walkout at Google in protest of the company’s handling of alleged sexual harassment. 

Congress Called To Regulate Stablecoins Like Banks: A report by the President’s Working Group on Financial Markets advocates that issuers of stablecoins—a type of digital asset tied to traditional currencies that is often used to facilitate transactions of other cryptocurrencies—be regulated “akin to insured depository institutions” to ensure consumer trust and mitigate “risks to the broader financial system.”
Privacy

Facebook Halts Facial Recognition System: In the wake of increasing scrutiny from lawmakers and users around the globe that has led to costly lawsuits and fines in recent years, the company announced that it will be “shutting down its facial recognition system and deleting the facial recognition templates of more than 1 billion people”; the company also said that it nevertheless still views the technology as a “powerful tool,” and will “continue working on [it] and engaging outside experts.”

Clearview AI Found To Have Violated Australian Privacy Law: Following a joint investigation with the UK’s Information Commissioner’s Office, the Office of the Australian Information Commissioner found that Clearview’s photo- and data-scraping practices violate the Australian Privacy Act 1988; in a statement, the country’s Information and Privacy Commissioner said that Clearview’s “covert collection of . . . sensitive information is unreasonably intrusive and unfair,” and “carries significant risk of harm to individuals, including vulnerable groups . . . .”
Information Security and Cyberthreats

Commerce Department Adds NSO Group To Entity List Over Pegasus Spyware: According to the Department, NSO Group “developed and supplied spyware to foreign governments that used these tools to maliciously target government officials, journalists, businesspeople, activists, academics, and embassy workers,” and as a result, it will now be restricted in its use of American technology; NSO’s Pegasus spyware was discovered on the devices of journalists and activists earlier this year.
Intellectual Property

Video Game Modifier Pleads Guilty To Anticircumvention Charges: The 51-year-old Canadian national will pay $4.5 million to Nintendo for his role in a conspiracy to hack popular gaming consoles and “develop[ ], manufacture[ ], market[ ], and [sell] a variety of circumvention devices that allowed the enterprise’s customers to play pirated versions of copyrighted video games.”
Free Expression and Censorship

Facebook Removes Comprehensive Troll Farm Run By Nicaraguan Government: According to a Facebook report, multiple Nicaraguan government institutions—including the country’s Social Security Institute and Supreme Court—were connected to a network of fake accounts across multiple social media platforms, as well as “a complex network of media brands”; Facebook called the case unique in that it is a first-of-its-kind “whole-of-government operation.”
On the Lighter Side

Apple Plans “Crash Detection” Feature For iPhones And Apple Watches: The feature, which will rely on devices’ built-in accelerometer and other sensors, will detect suspected car crashes and automatically dial 911.
Ron Lazebnik
Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP

CLIP-ings: October 29, 2021

Internet Governance

Facebook Under “Government Investigations” Following Release Of Internal Documents By Whistleblower: In an earnings filing this week, the social network acknowledged that it “became subject to government investigations and requests” in September; while Facebook provided no specifics, the Federal Trade Commission is reportedly “looking into” whether the company violated a 2019 settlement agreement, and the company has implemented a legal hold to instruct employees not to delete documents and communications.

Biden Finalizes FCC Picks: After a long delay that forced a 2-2 deadlock between Commission democrats and republicans, President Biden named acting chairwoman Jessica Rosenworcel to permanent chair, and appointed Gigi Sohn as Commissioner.
Privacy

Users Under 18 May Have Their Photos Removed From Google Search Results: As part of a new safety initiative, minors (or their parents, guardians, or legal representatives) will be allowed to ask Google to remove their photos from search results; exceptions exist for photos concerning “compelling public interest or newsworthiness,” and users must be under 18 at the time a request is made.
Information Security and Cyberthreats

State Department Readies Cybersecurity Bureau: In what amounts to the latest step by the Biden administration to strengthen national cybersecurity efforts, the State Department will announce a new Bureau of Cyberspace and Digital Policy to “confront global cybersecurity challenges.”

Microsoft Warns That SolarWinds Hackers Still Active, Targeting More Companies: The company announced that since July, it has informed more than 140 IT products and solutions providers that Nobelium, the Russian state-sponsored group behind the SolarWinds hack, attempted to compromise their systems; Microsoft believes that 14 of the attempts were successful, but that early detection should “mitigate the fallout.”
Intellectual Property

U.S. Copyright Office Expands Right To Repair: New exemptions to Digital Millennium Copyright Act’s “anti-circumvention” provisions create protections for the “diagnosis, maintenance, and repair” of certain consumer devices that “rely on software to function.”
Free Expression and Censorship

Internal Documents Show That Facebook Struggles With Moderating Misinformation: Internal company documents disclosed to the Securities and Exchange Commission reveal that the social network’s systems for moderating anti-vaccine comments operate poorly, and that in earlier stages of the COVID-19 pandemic, global health organizations turned down free advertising space on the platform over concerns that the ads would instigate more anti-vaccine content.
On the Lighter Side

Would You Like Fries With Your AI? McDonald’s and IBM announced a partnership designed to automate the fast food chain’s drive-throughs.
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

CLIP-ings: October 22, 2021

Internet Governance

Lawmakers Accuse Amazon Of Misleading Congress: Following reports that Amazon uses third-party seller data to create and promote its own products, five members of the House Judiciary Committee claim in a letter to the company that the reporting “directly contradicts” the previous sworn testimony of Amazon representatives, including CEO Jeff Bezos; the Committee is considering referring the matter to the Department of Justice, and has offered Amazon the opportunity to “correct the record.” 

UK Competition Authority Fines Facebook $70 Million For “Deliberate” Rulebreaking Around Giphy Acquisition: The fine, which is by far the largest of its kind, was levied after the Competition and Markets Authority found that the company “consciously” failed to comply with an “initial enforcement order” related to the acquisition by “significantly limit[ing] the scope of” reporting required by the order.
Privacy

Nine UK Schools Deploy Facial Recognition Tech To Speed Up Lunch Lines: The system, which ties into “encrypted faceprint templates” and students’ cashless payment accounts, has reduced transaction time to five seconds per student; although ninety-seven percent of parents have consented to the system’s implementation, privacy advocates are concerned about a lack of transparency surrounding the data use and disclosure practices of the biometrics company that provides it.
Information Security and Cyberthreats

Japanese Man Pleads Guilty To Uncensoring Pornographic Videos Using Deepfake Technology: A website operator pleaded guilty to charges of violating copyright and obscenity laws after he was arrested for using artificial intelligence to digitally reconstruct genitalia in pornographic videos, which would otherwise be blurred out or pixelated, and then selling the altered content online. 

Commerce Department To Issue New Rules Towards Limiting Resale And Export Of Commercial Hacking Tools: Under the rules, American companies that wish to sell “certain items that can be used for malicious cyber activities” such as commercial spyware and other intrusion software to countries “of national security or weapons of mass destruction concern,” or to those subject to arms embargoes, must first secure a license from the Department’s Bureau of Industry and Security.
Free Expression and Censorship

Vienna Museum Consortium Hosts Nude Artworks On OnlyFans After Facing Censorship On Traditional Social Media Platforms: The city tourism board’s “Vienna Laid Bare” campaign comes in response to what it calls a “new wave of prudishness” on the part of other social media platforms that has led to the censorship of artworks featuring nudity under the platforms’ policies against sexually explicit content.
Practice Note

FCC Will Consider Rules Banning Robotexting: After the Commission mandated that phone companies implement technology to cut down on robocalls earlier this year, it has now signaled it will next tackle robotexts, which have generated more than 9,800 consumer complaints so far in 2021.
On the Lighter Side

What’s In A Name? After reports suggested that Facebook may be planning a re-brand, the internet was quick to joke about a potential name change for the social network.
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

CLIP-ings: October 15, 2021

Internet Governance

Facebook Oversight Board Seeks Insight From Whistleblower: Whistleblower Frances Haugen accepted an invitation from the Oversight Board to “discuss [her] experiences” as part of an investigation about whether the social network “has been fully forthcoming” about its content moderation practices.

FTC Warns Companies About Fake Reviews And Deceptive Endorsements: In a notice sent to over 700 large companies including “top advertisers, leading retailers, top consumer product companies, and major advertising agencies,” the Commission announced that it is prepared to levy fines up to $43,792 per violation for the use of fake reviews and other forms of deceptive endorsements.
Privacy

Google Removes Ads For Stalkerware Apps: The company removed a number of ads for stalkerware applications that used “a variety of techniques” designed to circumvent a ban on such advertisements imposed last summer under Google’s policy on enabling dishonest behavior; the policy, which does not extend the ban to child-tracking or employee-monitoring apps, has been criticized for allowing stalkerware apps to “skirt the rules by changing the face of what they’re selling, without changing the core technology within.”
Information Security and Cyberthreats

White House Hosts Ransomware Summit: In the wake of numerous cyberattacks on high-profile businesses and government entities, the White House hosted more than 30 countries in a virtual meeting to discuss how to counter ransomware attacks and hold cybercriminals accountable.

Facebook Restricts Access To Internal Message Boards To Prevent Further Leaks: As it deals with the fallout from the recent leak of a huge trove of internal documents by whistleblower Frances Haugen, the company has made some groups on its internal message boards about platform safety and election integrity private.
Free Expression and Censorship

Facebook Updates Bullying And Harassment Policies To Ban Sexualizing Public Figures And Coordinated Attacks: Under the updated policy, Facebook will remove profiles, pages, groups, and events that engage in “severe sexualizing content” toward celebrities, politicians, and content creators, as well as language that could incite coordinated attacks on users that are at a “heightened risk of offline harm.”
Practice Note

Australian Court Allows Defamation Case To Proceed Over Poorly-Punctuated Facebook Post: After the country’s High Court ruled last month that media companies could be held liable for user comments posted on their content, another Australian court allowed a defamation case brought by an employer against an employee to proceed because the defendant-employee’s omission of an apostrophe in one word of his Facebook post might suggest a “systematic pattern of conduct” on the part of the employer.
On the Lighter Side

Tesla Unveils Gigabeer To Celebrate Gigafactory: The brew has been released in vessels that “vaguely recall[ ]” the company’s Cybertruck to celebrate the start of production at Tesla’s new Berlin plant.
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

CLIP-ings: October 8, 2021

Internet Governance

Facebook Whistleblower Provides Roadmap For Increased Accountability: In testimony before the Senate Committee on Commerce, Science, and Transportation, Frances Haugen, the former Facebook employee who leaked internal company documents to journalists and others, recommended changes that could be made to increase Facebook’ accountability, including reforming Section 230 to make Facebook responsible for the consequences of its content-ranking algorithms.

DOJ Creates Cryptocurrency Unit: The National Cryptocurrency Enforcement Team will be made up of members of the Department’s money laundering, computer crimes, and intellectual property divisions and will focus on “crimes committed by virtual currency exchanges, mixing and tumbling services, and money laundering infrastructure actors.”
Privacy

European Parliament Adopts Resolution To Ban Facial Recognition: The resolution, which was adopted “overwhelmingly in favor,” calls to ban both the use of facial recognition by police in public spaces and predictive policing techniques, as well as private facial recognition databases and social scoring systems.
Information Security and Cyberthreats

Server Error To Blame For Massive Twitch Data Leak: The popular video streaming service announced that human error related to a “server configuration change” left the server vulnerable to access “by a malicious third party”; the leaked data, which includes internal code and documents, payout data, and work-in-progress could amount to “nearly the full digital footprint of Twitch.”

DOJ Announces Crackdown On Federal Contractors Who Hide Data Breaches: Under the Civil Cyber-Fraud Initiative, the Department will leverage the False Claims Act to bring civil suits against government contractors who knowingly violate obligations to monitor and report cybersecurity incidents, as well as those who knowingly misrepresent or provide deficient cybersecurity products or services.
Intellectual Property

EU To File Antitrust Charges Against Apple Over Tap-To-Pay Tech: The charges follow an investigation from last year that focused on the built-in electronics that facilitate the tap-to-pay function, which are “tightly integrated with Apple Pay and not open to rival payment systems.”
Free Expression and Censorship

YouTube Terminates Two R. Kelly Channels: The company closed down two video channels associated with the rapper in accordance with its Creator Responsibility Guidelines after Kelly was recently found guilty of sex trafficking.
On the Lighter Side

Internet Archive Creates “Wayforward Machine”: The nonprofit known for creating the Wayback Machine digital archive of the internet has released the Wayforward Machine, which offers a glimpse of what the group foresees the internet might look like in 2046.
Ron Lazebnik
Academic Director, Fordham CLIP

Tom Norton
Executive Director, Fordham CLIP