Uber’s August Settlement with the FTC and New Data Insecurity Revelations This August, Uber settled FTC allegations of deceptive privacy and data security claims by agreeing to a privacy program and obtaining regular and independent audits. The FTC alleged that Uber falsely told its customers their personal information was monitored by data security specialists on an ongoing basis and that Uber was providing reasonable security for its customers’ personal information stored...
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Cybersecurity Digest Reports Privacy
Flash Digest – News in Brief Supreme Court Hears Oral Argument in Cell Phone Privacy Case The Supreme Court heard oral argument on November 29 in Carpenter v. United States, No. 16-402 (2017), the latest case testing the boundaries of digital privacy. The case presents the question of whether, under the Fourth Amendment, police should be required to obtain a search warrant before acquiring a user’s...
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Digest Reports Flash Digest Fourth Amendment
Columbia v. Seirus: Damages Verdict Generates Interest For Future of Design Patents Columbia Sportwear North America, Inc. v. Seirus Innovative Accessories, Inc., Nos. 3:17-cv-01781-HZ (S.D.Cal. September 29, 2017), verdict hosted by Patently-O blog, 3:15-cv-00064-HZ 2016 WL 4238640 (D. Oregon August 10, 2016), opinion hosted by Patently-O blog. A California district court jury reached a damages verdict for Columbia Sportwear of just over $3 million for Seirus’s infringement of Columbia’s design patent for...
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Digest Reports Patent
Federal Circuit Flash Digest – BASF Corp. v. Johnson Matthey Inc. BASF Corp. v. Johnson Matthey Inc., No. 2016-1770, 2017 WL 5559629 (Fed. Cir. Nov. 20, 2017) Last week, in BASF Corp. v. Johnson Matthey Inc., No. 2016-1770, 2017 WL 5559629 (Fed. Cir. Nov. 20, 2017), the U.S. Court of Appeals for the Federal Circuit reversed and remanded a decision by the U.S. District Court for the District of Delaware. The...
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Digest Reports Federal Circuit Flash Digest Patent
Flash Digest – News In Brief Facebook Revenge Porn Initiative Asks Users to Preemptively Send Intimate Images In a bid to combat the growing trend of revenge porn on its platform, Facebook has invited its Australian users to send the social media giant copies of their intimate images so it can pre-emptively remove them from the world’s third-most-visited website. In an online press release, Facebook’s Global...
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Digest Reports Flash Digest Fourth Amendment
A New Right of Access? ACLU and MFIA Clear First Hurdle in FISC Redaction Challenge In Re: Opinions & Orders of This Court Addressing Bulk Collection of Data Under the Foreign Intelligence Surveillance Act, hosted by aclu.org. In early November, the Foreign Intelligence Surveillance Court (“FISC”) allowed the American Civil Liberties Union (“ACLU”) and Yale Law School’s Media Freedom and Information Access Clinic (“MFIA”) to continue their challenge to access confidential court records. The plaintiffs asserted...
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Digest Reports First Amendment National Security
Flash Digest – News in Brief Forever 21 Reports Possible Data Breach Fashion retailer Forever 21 Inc. released a statement on November 14, 2017 on its website stating that “there may have been unauthorized access to data from payment cards” used in some of its stores. The company, which operates more than 815 stores in 57 countries, did not specify which of its stores were affected...
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Cybersecurity Digest Reports Flash Digest
Two-Way Media v. Comcast: Federal Circuit Affirms Two-Way Media’s Internet Multicasting Claims Are Patent Ineligible Two-Way Media Ltd v. Comcast Cable Communs., LLC, Nos. 2016-2531, 2016-2532, 2017 U.S. App. LEXIS 21706 (Fed. Cir. Nov. 1, 2017). The Federal Circuit affirmed the decision of the U.S. District Court for the District of Delaware, which held that Two-Way Media’s asserted patents regarding Internet multicasting were patent ineligible under The Patent Act, 35 U.S.C. § 101. To address...
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Digest Reports Federal Circuit Flash Digest Patent
Weaver v. Myers: Supreme Court of Florida Reaffirms that the Right of Privacy is not Retroactively Destroyed by Death. Weaver v. Myers et al., SC15-1538 (Supreme Court of Florida Nov. 9, 2017) hosted by justia.com. Last week, the Supreme Court of Florida rendered a 4-3 decision in  Weaver v. Myers. The Court decided that, under the Florida Constitution, the right to privacy is attached during the life of a citizen and cannot be retroactively destroyed by death. By doing...
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Digest Reports Privacy
A Legal Anatomy of AI-generated Art: Part I Jessica Fjeld is a Lecturer on Law at Harvard Law School and a Clinical Instructor in the Cyberlaw Clinic at the Berkman Klein Center for Internet & Society. Mason Kortz is a Clinical Instructional Fellow at the Clinic. This Comment is the first in a two-part series on how lawyers should think about art generated by artificial intelligences, particularly with...
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Copyright Digest Commentary
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