CLOUD Act Opens Up User Data to Foreign Governments

By Niki Edmonds – Edited by Jesse Burbank
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...
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Cybersecurity Digest Reports Privacy
Match Group (Tinder) v. Bumble: Online Dating Company That Owns Tinder Sues Dating App Founders by Tinder’s Co-Founders

By Yang Yu – Edited by Zainab Hashmi
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...
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Digest Reports Patent Trademark
Fox News Network v. TVEyes: Second Circuit Finds TVEyes News Monitoring Services Are Not Protected By Fair Use

By Alex Noonan – Edited by Jaehwan Park
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...
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Copyright Digest Reports
ATS v. Coca-Cola: Federal Circuit Affirms Judgment that ATS’s Asserted Patent Claims Are Directed to Patent-Ineligible Subject Matter

By Jennifer Esch – Edited by Daniel Sylvia
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 Cir. Feb. 16, 2018) (non-precedential), slip opinion.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...
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Digest Reports Patent
FTC v. AT&T: 9th Circuit Broadens FTC’s Regulatory Authority with Regards to the Common Carrier Exemption

By Nati Hyojin Kim – Edited by David Zhou
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...
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Digest Reports Privacy Telecommunications
Flash Digest – News in Brief

By Alicia Loh – Edited by Colette Ghazarian
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...
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Digest Reports First Amendment Flash Digest
Flash Digest – News in Brief

By Madeline Salinas – Edited by Ben Gunning
FCC Chairman Pai’s Strategy to Develop 5G Networks Requires Congressional Action On February 26, FCC Chairman Ajit Pai announced the Commission’s plan to escalate development of 5G spectrum in the United States. Developing 5G networks, the Chairman said, will enable the U.S. to remain competitive in the emerging industries that 5G deployment is expected to support, such as development of...
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Digest Reports Flash Digest Fourth Amendment
Campbell v. Facebook: California District Judge Approves Final Class Action Settlement Over Facebook’s Use of URL Data

By Ashwini Bharatkumar – Edited by Lilianna Rembar
Order Granting Final Approval to Class Action Settlement; Granting Motion for Attorneys’ Fees and Service Awards, Matthew Campbell, et al. v. Facebook, Inc., No. 13-cv-05996, (N.D. Cal. Aug. 18, 2017), hosted by JUSTIA. On August 18, 2017, Judge Phyllis Hamilton of the Northern District of California granted final approval of a class action settlement in a lawsuit filed against Facebook...
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Digest Reports Privacy
Rearden v. Walt Disney Co.: District Court Rejects Puzzling Copyright Allegation but Permits Patent and Trademark Claims to Move Forward

By Brian Kulp – Edited by Princess Daisy Akita
Rearden LLC v. Walt Disney Co., No. 17-cv-04006-JST (N.D. Cal. February 21, 2018) What if Disney, in creating its live-action Beauty and the Beast remake, did not own the intellectual property (“IP”) rights for its iconic Beast character? This was one of the many questions Judge Tigar of the US District Court for the Northern District of California was forced...
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Digest Reports Patent
Goldman v. Breitbart News Network: The Click Rule: Re-Examining Whether Embedding Copyrighted Material is Infringement

By Rex Bray III – Edited by L. Ash Smith
Goldman v. Breitbart News Network, No. 17-CV-3144 (KBF) (S.D.N.Y. Feb. 15, 2018), hosted by EFF.org. The U.S. District Court for the Southern District of New York held that websites embedding a tweet containing a copyrighted image violated copyright to the image. In so holding, the court rejected the Ninth Circuit’s “server test,” originally from Perfect 10, Inc. v. Amazon.com, Inc....
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Copyright Digest Reports