By Michael Hoven
TSA to Revamp Full-Body Scanners Despite Legal Victory
The Transportation Security Administration (TSA) announced that it would upgrade the software on controversial full-body scanners in order to better protect the privacy of travelers, says Wired. Instead of creating a nude image of the traveler, the new Automated Target Recognition software will produce a “generic outline of a person,” according to the TSA. The announcement came shortly after the Court of Appeals for the District of Columbia Circuit held that the use of full-body scanners at security checkpoints in airports did not constitute an unreasonable search barred by the Fourth Amendment, as the Wall Street Journal Law Blog reported. The court held that the government’s interests in security and anti-terrorism outweighed individuals’ privacy concerns, but the TSA rule implementing the scanners had improperly been enacted without going through a notice-and-comment period.
FBI Arrests Sixteen in Connection with “Anonymous,” “LulzSec” Hackers Collectives
An FBI crackdown spanned ten states and led to the arrest of fourteen suspected members of “Anonymous” and two others accused of crimes in connection with “LulzSec,” reports All Things Digital. Anonymous is the name of a loosely affiliated organization of hackers who have claimed responsibility for the distributed denial of service attacks against PayPal and others who Anonymous believed were withdrawing support for Wikileaks. LulzSec has used similar methods to attack Sony and Senate.gov, among others, and may be a spinoff group of Anonymous, as VentureBeat has reported. The fourteen suspected members of Anonymous were indicted by a federal grand jury in San Jose, CA on charges of conspiracy and intentional damage to a protected computer, according to All Things Digital, and the other two face similar charges. Gizmodo reports that Anonymous and LulzSec have since released a joint statement promising to continue their attacks on corporations and government.
Court Rules Facebook Posts Sufficient for Disciplining College Student
The Minnesota Court of Appeals (via Leagle) rejected a student’s argument that the University of Minnesota could not discipline her for statements made on Facebook because such statements were off campus, reports Eric Goldman at the Technology and Marketing Law Blog. In a series of posts, the mortuary sciences student discussed taking out aggression on a cadaver being dissected in class and threatened to stab an unidentified person, which she later admitted referred to an ex-boyfriend. The court held that the university was allowed to take disciplinary action (namely a failing grade and academic probation) because the student’s posts were threatening and disruptive to the university. At The Volokh Conspiracy, Eugene Volokh criticized the court’s reasoning for its potential to restrict student speech.
Direct Infringement Claims Against Cyberlocker Site Dismissed
Hotfile, a “cyberlocker site,” was held not to be a direct copyright infringer by the Southern District of Florida, Ars Technica reports, but the claims of secondary liability for copyright infringement can proceed. Cyberlocker sites are a recent target of MPAA’s anti-piracy efforts. Hotfile users can upload and share files, and affiliate accounts allow for payment based on the popularity of files that are shared. The Motion Picture Association of America (MPAA) alleges that the majority of files uploaded to Hotfile are pirated. Direct infringement claims failed because users, not Hotfile, uploaded the files, failing the “volitional act” requirement. However, Hotfile still faces secondary infringement claims on a theory of inducement (among other things), which Techdirt says is the MPAA’s best case.