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FTC v. Facebook: Social Media Giant Sued for Anticompetitive Conduct

By Brent Mobbs — Edited by Alex Maged
FTC v. Facebook, Inc., File No. 1910134 (FTC Dec. 9, 2020). [Complaint] FTC Sues Facebook The Federal Trade Commission (“FTC”) has sued Facebook for anticompetitive conduct under Section 2 of the Sherman Act, which prohibits improper monopolization of a market. In support of this claim, the FTC cites Facebook’s 2012 acquisition of Instagram, its 2014 acquisition of WhatsApp, its API...
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Antitrust Reports
Covid-19 and the Online Courtroom: Benefits and Drawbacks

By Carolina Rabinowicz – Edited by Pablo Lozano
Less than a year ago, the prospect of widespread online trials seemed eons away. However, after nine months of a pandemic-induced global shutdown, it seems that the sci-fi scenario of online courtrooms has become today’s brave new reality: Many countries have moved courtrooms online to avoid fully abridging access to justice during the pandemic. After the first Zoom-only criminal jury...
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Reports
Woodring v. Jackson County, Indiana: Seventh Circuit Permits Nativity Scene on Government Property

By Mariah Bellamoroso – Edited by Caleb Kim
Woodring v. Jackson County, Indiana, No. 4:18-cv-00243 (7th Cir. Feb. 2, 2021), opinion hosted by USCourts.gov. Earlier this month, a divided Seventh Circuit panel held that a county courthouse’s annual nativity display did not violate the First Amendment’s Establishment Clause, rejecting the Supreme Court’s three-part test from Lemon v. Kurtzman (1971) in favor of the “historical practices” rule the Supreme...
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Reports First Amendment
Hartford Courant Company v. Carroll: The Second Circuit Finds Categorical Sealing of all Juvenile Criminal Cases Unconstitutional

By Anne Lonowski — Edited by Pablo Lozano
Hartford Courant Company v. Carroll, No. 20 2744-cv (February 1, 2021) On February 1st, in Hartford Courant Company v. Carroll, the Second Circuit struck down a Connecticut law regarding access to juvenile prosecution records for infringing upon First Amendment rights. Connecticut enacted Public Act Number 19-187 (the “Act”) in 2019, which significantly reduced public and press access to information surrounding...
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Reports First Amendment
Bad Blood© with Taylor Swift’s Album Re-recording

By Anthony Pericolo — Edited by Helen He
Never in my wildest dreams would I have thought that someone other than Taylor Swift owns Taylor Swift’s songs. But it’s true and poses a hurdle as Swift commits to re-recording her own songs. This delicate situation has led to some bad blood between Swift and Scooter Braun, who owns the rights to the master recordings of Swift’s older music...
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Copyright Reports
Apple’s New Privacy Features Subject of Potential Litigation from Facebook

By Beth Findley — Edited by Zoe Kaiser
Facebook is reportedly preparing an antitrust lawsuit against Apple, alleging that the App Store engages in anticompetitive behavior by requiring third-party app compliance with rules that Apple’s own apps do not follow. The lawsuit would be the latest escalation in Facebook and Apple’s ongoing feud, which was recently exacerbated by two new privacy features of iOS 14. The first feature...
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Reports Privacy
The State of Privacy under a Biden Administration: Federal Cybersecurity Legislation, Strict Regulatory Enforcement, and a New Privacy Shield with the EU

By Colin Rahill – Edited by Kaylee Ding
From January 20th onward, the Biden administration has collided headfirst with unprecedented public health, economic, and national security crises, symptoms of a pandemic that have sparked intense speculation around the new administration’s privacy policy. Digital contact tracing, sweeping collection of personal data, sophisticated modes of AI surveillance, foreign data hacks, and real world manifestations of cyber terrorism have provoked serious...
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Reports Privacy
The SolarWinds Software Hack: A Threat to Global Cybersecurity

By Jessica Cianci - Edited By Andrew Slottje
In December 2020, FireEye, a cybersecurity company, announced that their software had been compromised by a cyber attack. FireEye immediately tracked the attack back to a March 2020 update from SolarWinds, a Texas-based company that makes IT management software. The software in question, Orion, was corrupted by malicious code embedded in a software update that was then installed by around...
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Cybersecurity Reports
Garcia v. City of New Hope: The Eighth Circuit Affirms First Amendment Protections for Rude and Offensive Speech

By Nicholas Anway — Edited by Zachary Sorenson
Garcia v. City of New Hope, No. 19-1836 (8th Cir. Jan. 5, 2021), opinion hosted by USCourts.gov. The United States Court of Appeals for the Eighth Circuit reinstated a Minnesota driver’s First Amendment retaliation claim last month, reaffirming constitutional protections for “rude and offensive” speech. In their January 25, 2021 opinion, the court held that a police officer who detained...
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Reports First Amendment
Campbell v. Reisch: Blocking Constituents on Twitter

By Eric Xu – Edited by Tyler Mayo
Mike Campbell v. Representative Cheri Toalson Reisch, No. 19-2994 (8th Cir. Jan. 27, 2021). Complaint hosted by CourtListener. District Court opinion hosted by Casetext. On January 27, 2021, the Eighth Circuit Court of Appeals issued its opinion in Campbell v. Reisch. The court held that Cheri Toalson Reisch, a Republican state representative for Missouri’s 44th District, is entitled to block...
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Reports First Amendment