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Archive for the ‘Jurisdiction’ Category

Flash Digest: News in Brief

By Gia Velasquez – Edited by Ken Winterbottom

Federal Court Grants Uber’s Class Action Certification Appeal

Independent Contractor Classification of Uber Drivers May Violate Antitrust Laws

Self-Driving Car Will Be Considered Autonomous Driver

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Posted On Apr - 19 - 2016 Add Comments READ FULL POST

Justice Department Indicates Some Retweets may be Endorsements

By Kevin Crenny – Edited by Mila Owen

The Justice Department has argued for the continued pre-trial detention of a woman charged with making threatening statements in support of ISIS, partially on the basis of her retweeting FBI employees’ personal information under the heading “Wanted to kill.” The filing drew attention for its apparent conflict with the oft-tweeted assertion that “retweets are not endorsements.” The context of the defendant’s other posts, however, make it difficult to read her retweets any other way.

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Posted On Apr - 18 - 2016 Add Comments READ FULL POST

Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns

By Sheri Pan – Edited by Henry Thomas

Lenz v. Universal Music, the “dancing baby” copyright case, was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion. The changes removed language – mostly dicta – from the original opinion, seemingly raising the bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a “searching or intensive” review of potential fair use defenses was removed.

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Posted On Apr - 4 - 2016 Add Comments READ FULL POST

In Balancing the First Amendment and Preventing Sex Trafficking, First Circuit Holds in Favor of Free Speech

By Yaping Zhang – Edited by Danielle Kehl

The First Circuit unanimously affirmed the dismissal of the claims of three victims of child sex trafficking against the website through which they had been prostituted. The court’s decision was based in the 1996 Communications Decency Act, under which a websites are not typically treated as the publisher or speaker of content posted on the site by others, and cannot be held liable for that content.

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Posted On Apr - 4 - 2016 Add Comments READ FULL POST

Federal Court Orders Apple to Unlock iPhone. Apple Refuses.

By Filippo Raso – Edited by Frederick Ding

Apple challenges federal magistrate judge’s order directing Apple to create software allowing the FBI to circumvent security measures in the San Bernardino terrorist’s iPhone. While the Department of Justice claims the court has legal authority to demand Apple’s assistance, Apple argues the order undermines broader consumer privacy and security.

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Posted On Mar - 29 - 2016 Add Comments READ FULL POST
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Amicus Brief by EFF

By Yaping Zhang – Edited by Mila Owen On April 6, ...