While the DOJ Appeals the Preliminary Injunction on President Trump’s TikTok Ban, the Administration’s National Security and Privacy Concerns Seem Unfounded Posted on October 20, 2020 On October 8, the U.S. Department of Justice appealed the lower court’s decision—to grant a preliminary injunction blocking part of the Trump administration’s ban on the video-sharing company TikTok from U.S. app stores—to the D.C. Circuit. In his September 27 order, D.C. District Court Judge Carl Nichols held that the administration likely exceeded its authority by infringing on American citizens’...
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Empower Texans, Inc. v. Geren: First Amendment Allegations Dismissed in Federal Court Posted on October 20, 2020 Empower Texans, Inc. v. Geren, No. 19-50577 (5th Cir. Oct. 5, 2020) On October 5, 2020, the United States Court of Appeals for the Fifth Circuit filed an opinion in Empower Texans, Inc. v. Geren vacating a previous judgement and remanding the case to the lower court to be dismissed. Empower Texans initially filed the lawsuit against Charlie Geren, the...
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Reed v. Bernard: Third Circuit Finds No First Amendment Right to Verbatim Record of Judicial Proceedings Posted on October 20, 2020 Reed v. Bernard, No. 20-1632 (3d Cir. Sep. 29, 2020) The First Amendment right of access to judicial proceedings does not require courts to release or allow creation of verbatim recordings of their hearings, the U.S. Court of Appeals for the Third Circuit ruled on September 29, 2020. Reversing an earlier district court decision, the Third Circuit held that journalists...
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ACLU v. Clearview: ACLU Challenges Mass Facial Recognition Service Under Illinois Biometric Privacy Law Posted on October 20, 2020 Complaint for injunctive and equitable relief, ACLU v. Clearview AI Inc (Circuit Court of Cook County, Illinois, May 28, 2020)(No. 9337839), complaint hosted by the ACLU. The ACLU is suing Clearview, a facial recognition company, under the Illinois Biometric Information Privacy Act (BIPA). The suit raises the issue of privacy as facial recognition technology grows increasingly sophisticated and ubiquitous. Clearview...
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USPTO v. Booking.com: SCOTUS Expands Trademark Registration Options for Online Corporate Branding Posted on October 11, 2020 United States Patent and Trademark Office v. Booking.com B. V., No. 19-46 (June 30, 2020). On June 30, 2020, Booking.com, a travel-reservation website, prevailed against the U.S. Patent and Trademark Office (“USPTO”) as the U.S. Supreme Court opened the door to a new class of trademarks derived from generic terms. The 8-1 decision followed the Court’s first-ever telephonic oral arguments...
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FTC v. Qualcomm: FTC Seeks En Banc Hearing After Unanimous Ninth Circuit Court of Appeals Loss to Qualcomm Posted on October 11, 2020 F.T.C. v. Qualcomm, 411 F.Supp.3d 658, (N.D. Cal. 2019). On September 25, the Federal Trade Commission (FTC) requested a rehearing en banc from the Ninth Circuit Court of Appeals in an antitrust case against Qualcomm. A common challenge for those in the patent licensing business is patent exhaustion. Qualcomm’s solution to patent exhaustion is their decision not to license their...
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Striking down #Privacy Shields, Schrems II leaves uncertainty for international transfer of personal data out of the E.U. Posted on October 10, 2020 In Schrems II, the Court of Justice for the European Union (CJEU) struck down the E.U.-U.S. Privacy Shield but upheld the validity of standard contractual clauses (“SCCs”). The Privacy Shield authorizes companies to transfer data from E.U. to the U.S; SCCs offer acceptable additional safeguards for the transfer of personal data to processors established in third countries. C-311/18, Data Protection...
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FTC issues guidelines to minimize opportunities for bias in AI use Posted on October 10, 2020 Realizing the potential consumer risks of artificial intelligence (“AI”) technology permeating many businesses today, the Federal Trade Commission (“FTC”) issued guidelines last April for companies using automated decision-making algorithms in their platforms. In crafting its guidelines, the FTC, which is tasked with protecting consumers and competition against unfair, deceptive, and anti-competitive business practices, drew from its long history of managing...
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Rojas v. Moore: Immigrants and the First Amendment Posted on October 10, 2020 Claudio Marcelo Rojas v. Marc J. Moore, No. 1:19-CV-20855-JLK (S.D. Fla. Apr. 29, 2019), order hosted by Courthouse News. On September 22, 2020, the United States Court of Appeals for the Eleventh Circuit heard oral argument in the case of Claudio Marcelo Rojas. Rojas, an Argentinian immigrant and activist who has been in the U.S. for twenty years, was arrested...
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The Center for Investigative Reporting v. Southeastern Pennsylvania Transportation Authority (SEPTA): Free Speech Protections for Political Ads Upheld in 3rd Circuit Court Posted on October 10, 2020 Ctr. for Investigative Reporting v. Se. Pa. Transp. Auth. (SEPTA), No. 19-1170 (3d Cir. Sept. 14, 2020), brief hosted by Reporters Committee for Freedom of the Press. On September 14, 2020, the United States Court of Appeals for the Third Circuit ruled in favor of the Center for Investigative Reporting (“CIR”) in a case brought against Southeastern Pennsylvania Transportation Authority...
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