Flash Digest - News in Brief Electronic Frontier Foundation Sues FBI Over Warrantless “Best Buy Informant” Searches An indictment in California regarding a doctor’s possession of child pornography on his computer has raised unique legal questions implicating privacy and government informants. The illegal content was discovered by Best Buy “Geek Squad” employees who were working on the computer with the doctor’s permission but were allegedly being...
Continue reading
FOIA Privacy First Amendment
[Digest Note] Predatory innovation: A response to Suzanne Van Arsdale & Cody Venzke Predatory innovation – which is defined as the alteration of one or more technical elements of a product to limit or eliminate competition – is arguably one of the most important subjects faced by antitrust law in the context of the New Economy.[1] Predatory innovation encompasses all practices that, under the appearance of genuine innovations, are anti-competitive strategies aimed at...
Continue reading
Digest Note
[Digest Note] Decrypting Apple: Making Technology Companies the Referees of Law Enforcement on Privacy Introduction On February 16, 2016, United States magistrate judge Sheri Pym of United States District Court for the Central District of California ordered Apple Inc. (“Apple”) to create software enabling the Federal Bureau of Investigation (‘FBI”) to bypass the security encryption of an iPhone belonging to Syed Farook, the San Bernardino shooter. The FBI did not clearly state what information...
Continue reading
Digest Note
Microsoft v. DOJ: Court Rules Microsoft May Challenge Constitutionality of SCA Gag Orders Microsoft Corp. v. U.S. Department of Justice, 16-cv-00538 (W.D.Wash., Feb. 08, 2017). Order (hosted by Politico). On February 8, 2017, U.S. District Judge James Robart ruled that Microsoft may move forward with its challenge to the constitutionality of §§ 2703 and 2705(b) of the Stored Communications Act (“SCA”), 18. U.S.C. §§2701–2712. Those provisions of the SCA allow the government to...
Continue reading
Privacy First Amendment Fourth Amendment
Opperman v. Path: Privacy Class Action Against Twitter, Yelp, Instagram, Foursquare May End in $5.3 Million Settlement In 2012, The New York Times and others reported that Silicon Valley companies had been accessing iOS address books without users’ knowledge or consent. These practices raised questions and concerns in Congress and at the Federal Trade Commission  – and also caught the attention of customers. The FTC filed a complaint, charging that the user interface in mobile social media network Path's...
Continue reading
Privacy
Star Athletica v. Varsity Brands: Supreme Court Issues Landmark Ruling on Fashion and Design Copyright Star Athletica L.L.C. v. Varsity Brands, Inc., 580 U.S. ___, 197 L. Ed 2d 354 (2017). The U.S. Supreme Court, in a 6-2 opinion drafted by Justice Thomas, affirmed a 6th Circuit decision regarding whether features incorporated into the design of a useful article are eligible for copyright protection. The Court clarified the rule by creating a two-part test, holding...
Continue reading
Copyright Supreme Court Fashion
Flash Digest: News in Brief New York Court of Appeals Rules Against Facebook Challenge to Warrants             Since 2013, Facebook has been fighting broad search warrants issued by the Manhattan District Attorney's office pursuant to the Federal Stored Communications Act, requesting private messages, friend lists, and other non-public content from 381 Facebook accounts. The warrants relate to a disability fraud scheme involving more than 10...
Continue reading
Flash Digest
Lexmark International v. Impression Products: Supreme Court Hears Case on Patent Exhaustion Doctrine and Post-Sale Restrictions Last week, the Supreme Court heard oral arguments in their review of the Federal Circuit’s decision in Lexmark Int’l Inc. v. Impression Products, Inc., No. 2014-1617, 2014-1619 (Fed. Cir. Feb. 12, 2016) hosted by scotusblog.com. Lexmark, a large manufacturer and distributor of printers and toner cartridges, sells some of its cartridges with a single-use or no-resale restriction, requiring that customers return...
Continue reading
Patent Supreme Court Circuit Decisions