The Journalism Competition and Preservation Act: Opportunities and Risks for News Content Creators Posted on November 30, 2021 The troubles of modern news businesses are well publicized. Since 2004, more than 20% of US newspapers have closed and more than half of journalists working at US newspapers have been laid off. Even as a few national news organizations and broadcast television channels have increased subscriptions and grown their audiences, many counties have been left without any local paper...
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FTC Signals Move Towards Tighter Data Privacy for Healthcare Apps Posted on November 06, 2021 On September 15, 2021, the Federal Trade Commission (“FTC”) issued a policy statement clarifying that the 2009 Health Breach Notification Rule, 16 C.F.R. Part 318 (“the Rule”) covers health information collected by digital applications and wearable devices. Under the Rule, healthcare vendors must notify consumers if a data breach compromises “unsecured identifiable health information.'' The Rule was originally intended to...
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Tesla v. Rivian: Electric Competition Over Trade Secrets Posted on October 25, 2021 Tesla needs no introduction. Though the first electric cars were introduced more than a hundred years ago, Tesla was the first to prove their commercial viability. With $12 billion in revenues (as of June 30), they still lead the field by a wide margin. However, in recent years, Tesla has faced stiff competition from upstarts in China, the EU, and...
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Review of Cross-Border Tech Transactions Expands as Committee Struggles to Define Crucial Term Posted on October 22, 2021 In August 2020, President Trump ordered social media company ByteDance to divest from TikTok. The President’s action left many wondering, “Can he do that?” The order kicked off a flurry of legal battles, ultimately putting TikTok’s future in the US in an odd sort of holding pattern. The incident perhaps marked a low point in what was already rapidly shrinking...
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Lemmon v. Snap, Inc.: Ninth Circuit Chips Away at Tech Companies’ Section 230 Immunity Posted on October 20, 2021 This summer, Snapchat removed its built-in speedometer, known as the “Speed Filter,” from the platform. A recent Ninth Circuit ruling was likely a major reason why, and the court’s decision could have significant implications for the broad immunity from civil liability traditionally enjoyed by internet companies. Lemmon v. Snap, Inc was filed in the aftermath of a fiery high-speed car...
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Stalkerware: An Overlooked Harm Draws the Attention of the FTC Posted on October 16, 2021 The Stalking Prevention Awareness & Resource Center estimates that 1.5 million Americans are stalked through some form of technology every year. The term “stalkerware” has emerged to describe a particularly malicious type of software that can be used to secretly spy on someone’s device while remaining hidden in the background or disguised as something more mundane, like a calendar app...
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DNA-Encoded Music: Gesamtkunstwerk or Gimmick? Posted on September 21, 2021 Bristol-based Massive Attack has a well-deserved reputation for pushing the envelope due to its pioneering role in electronic music, herculean effort in almost single-handedly bringing trip-hop into the mainstream, experimental music videos, and biting social commentary. What’s more, Massive Attack is led by multi-instrumentalist Robert Del Naja, widely suspected as the true identity of Banksy or at least a close...
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Copyright Alternative in Small-Claims Enforcement (CASE) Act Posted on April 23, 2021 H.R.2426 — CASE Act of 2019 Full Text of Bill; GovTrack.us Summary On October 22, 2019, the House passed the Copyright Alternative in Small-Claims Enforcement (CASE) Act. In December 2020, the CASE Act was included as part of an omnibus COVID-19 Relief Bill, which was signed into law on December 27, 2020. The CASE Act created a three-judge tribunal, the...
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France.com, Inc. v. The French Republic: Fourth Circuit Holds France Immune From Trademark Infringement Claims Posted on April 11, 2021 France.com, Inc. v. The French Republic, No. 20-1016 (4th Cir. Mar. 25, 2021) On March 25, 2021, the U.S. Court of Appeals for the Fourth Circuit held that the French Republic was entitled to sovereign immunity against France.com, Inc.’s trademark infringement suit, reversing the District Court for the Eastern District of Virginia. The Fourth Circuit first stated that sovereign immunity...
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U.S. Fish and Wildlife Service v. Sierra Club: Impact on the scope of the Freedom of Information Act Posted on April 05, 2021 United States Fish and Wildlife Service v. Sierra Club, Inc. The Supreme Court held on March 4 that the Freedom of Information Act (“FOIA”) deliberative process privilege exemption protects federal agencies’ draft biological opinions prepared pursuant to the Endangered Species Act (“ESA”) that are “predecisional and deliberative,” from public eyes. In doing so, the court noted for the purpose of...
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