Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA): Senate Passes Bill Making Online Platforms Liable for Third-Party Content Enabling Illegal Sex-Trafficking Posted on April 04, 2018 Allow States and Victims to Fight Online Sex Trafficking Act, H.R. 1865, 115th Cong. (2018). On March 21, 2018, The Senate Passed “FOSTA,” otherwise known as the “Allow States and Victims to Fight Online Sex Trafficking Act.” H.R. 1865, 115th Cong. (2018). FOSTA creates an exception to Section 230 of the Communications Decency Act (“CDA”), which provides websites immunity for...
Continue reading

Marrakesh Treaty Implementation Act: Senate Introduces Bipartisan Bill to Implement Copyright Exceptions in Accordance with Marrakesh Treaty. Posted on April 03, 2018 Marrakesh Treaty Implementation Act, S. 2559, 115th Cong. (2018) In mid-March, the Marrakesh Treaty Implementation Act (“Act”) was introduced in the Senate to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (“Marrakesh Treaty”) adopted in 2013 by the World Intellectual Property Organization (“WIPO”). The Act is sponsored...
Continue reading

Flash Digest – News in Brief Posted on April 02, 2018 Decentralized but centrally watched? Government agencies race to regulate cryptocurrency exchanges. On March 15, the SEC gave new signs of its policing efforts regarding cryptocurrency. Speaking at an investment conference, Stephanie Avakian, Co-Director of the SEC Enforcement Division, said that the agency is “very active, and [she] would just expect to see more and more.” The increased scrutiny targets not...
Continue reading

ACA International v. FCC: DC Circuit Partially Invalidates Robo-Call Regulations Posted on April 02, 2018 ACA International Et. Al v. Federal Communications Commission, No. 15-1211 (D.C. Cir. March. 16, 2018) A metallic voice, an unknown number. The uninvited “robo-call” is as old, if not older, than the cell phone itself. For many, it’s an unavoidable annoyance we begrudgingly accept. But for the Association of Credit and Collection Professions (ACA), it’s been an enduring source of...
Continue reading

CLOUD Act Opens Up User Data to Foreign Governments Posted on April 01, 2018 The Clarifying Lawful Use of Overseas Data Act (CLOUD Act, S. 2383, H.R. 4943) On March 23rd, 2018, President Trump signed the CLOUD Act into law. The Act will revamp how the U.S. shares data that could be useful in criminal investigations with other nations, and how the U.S. government will procure this information from private companies.    The CLOUD...
Continue reading

Match Group (Tinder) v. Bumble: Online Dating Company That Owns Tinder Sues Dating App Founders by Tinder’s Co-Founders Posted on March 26, 2018 Jury Trial Demanded, Plaintiff Match Group, LLC’s Original Complaint, Match Group, LLC v. Bumble Trading Inc., No. 6:18-cv-00080 (W.D. Tex, Mar. 16, 2018), hosted by Scribd. On March 16, 2018, Match Group, an online dating company that owns Tinder, sued another dating app, Bumble Trading Inc., founded by three ex-Tinder executives, in the United States District Court for the Western...
Continue reading

Fox News Network v. TVEyes: Second Circuit Finds TVEyes News Monitoring Services Are Not Protected By Fair Use Posted on March 20, 2018 Fox News Network, LLC v. TVEyes, Inc., No. 15-3885 (2nd Cir. Feb. 27, 2018), opinion hosted by USCourts.gov. On February 27, the Second Circuit reversed the SDNY district court’s finding that TVEyes’ archiving of video clips constitutes fair use of Fox’s broadcasts and upheld findings that TVEyes’ other news monitoring functions are infringing. The Second Circuit ultimately held that all...
Continue reading

ATS v. Coca-Cola: Federal Circuit Affirms Judgment that ATS’s Asserted Patent Claims Are Directed to Patent-Ineligible Subject Matter Posted on March 19, 2018 Automated Tracking Solutions, L.L.C. v. Coca-Cola Co., No. 17-1494 (Fed. Cir. Feb. 16, 2018) (non-precedential), slip opinion. The U.S. Court of Appeals for the Federal Circuit affirmed a decision of the District Court for the Northern District of Georgia which had concluded in a judgment on the pleadings that patent claims asserted by Automated Tracking Solutions (“ATS”) in an alleged...
Continue reading

FTC v. AT&T: 9th Circuit Broadens FTC’s Regulatory Authority with Regards to the Common Carrier Exemption Posted on March 13, 2018 FTC v. AT&T Mobility LLC, No. 15-16585, (9th Cir. Feb. 26, 2018) Last month, the U.S. Court of Appeals for the 9th Circuit en banc reversed a panel decision that limited the Federal Trade Commission’s authority to police the privacy practices of internet service providers. The Federal Trade Commission (“FTC”) can now proceed with enforcement actions against AT&T and other...
Continue reading

Flash Digest – News in Brief Posted on March 11, 2018 Democrats to Reverse FCC Net Neutrality Repeal On February 27th, Democrats in the Senate introduced a resolution to reverse the Federal Communications Commission’s  (FCC’s) “Restoring Internet Freedom” order repealing the agency’s prior net neutrality rules from 2015. The FCC’s 2015 Open Internet Order prevented Internet service providers from engaging in blocking, throttling, or paid prioritization.  The Congressional Review Act allows...
Continue reading