A student-run resource for reliable reports on the latest law and technology news
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Privacy Concerns in the Sharing Economy: The Case of Uber 

By Sabreena Khalid – Edited by Insue Kim

Recent revelations about Uber’s disconcerting use of personal user information have exposed the numerous weaknesses in Uber’s Privacy Policy. The lack of regulation in the area, coupled with the sensitive nature of personal information gathered by Uber, makes the issue one requiring immediate attention of policy makers.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

San Francisco Court Considers Google’s Search and Ad Services Free Speech

By Jens Frankenreiter – Edited by Henry Thomas

A San Francisco court dismissed a lawsuit against Google, treating Google’s search and advertisement services as constitutionally protected free speech. The lawsuit alleged an antitrust violation based on unfavorable treatment of a website in Google’s search results, and on the withdrawal of third-party advertisement from the website. In throwing out the lawsuit, the court applied California’s “anti-SLAPP” law, which allows quick dismissal of lawsuits against acts protected as free speech.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

EU Unitary Patent System Challenge Unsustainable: Advocate General

By Saukshmya Trichi – Edited by Ashish Bakshi

The Advocate General of the Court of Justice of the European Union has rendered an opinion on Spain’s challenges to regulations implementing the European Unitary Patent System. The Advocate General opines that the challenges must be dismissed as the system is intended to provide genuine benefit in terms of uniformity and integration, and safeguard the principle of legal certainty, while the choice of languages reduces translation costs considerably.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

California Sex Offender Internet Identification Law Held Unenforceable

By Jesse Goodwin – Edited by Michael Shammas

The 9th Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction prohibiting of the Californians Against Sexual Exploitation (“CASE”) Act. In a unanimous ruling, a three-judge panel held that requiring sex offenders provide written notice of “any and all Internet identifiers” within 24 hours to the police likely imposed an unconstitutional burden on protected speech.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Congress Fails to Pass Act Limiting Collection of Phone Metadata

By Henry Thomas – Edited by Paulius Jurcys

The Senate failed to reach closure and bring the USA FREEDOM Act to a vote. The Act would have extended provisions of the Patriot Act, but would have sharply curtailed the executive’s authority to collect phone conversation metadata. While the bill had broad popular support, the vote failed largely along party lines, passing the onus of drafting and approving a new bill onto the next congressional session.

Read More...

D.C. Circuit Denies FCC Jurisdiction to Mandate Net Neutrality
By Tyler Lacey – Edited by Jad Mills

Comcast Corp. v FCC, No. 08-1291 (D.C. Cir., Apr. 6, 2010)
Slip Opinion

The United States Court of Appeals for the District of Columbia Circuit vacated an order issued by the Federal Communications Commission (FCC), which had asserted jurisdiction over Comcast’s network management policies and had ordered Comcast to cease discriminating against peer-to-peer network traffic.

The D.C. Circuit held that the FCC does not have ancillary jurisdiction over Comcast’s Internet service under the language of the Communications Act of 1934, which grants the FCC the power to “perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with [the Act], as may be necessary in the execution of its functions.” 47 U.S.C. § 154(i). The Court did not find a sufficient statutory basis in the FCC’s mandate to provide “rapid, efficient” communications services to authorize it to regulate the behavior of Internet service providers.

Internet Evolution describes the Court as having “managed to completely destroy the very foundation upon which the FCC has based its net neutrality rules” and questions the necessity of any internet regulation at all. The Wall Street Journal argues that this decision “deal[s] a blow to big Web commerce companies and other proponents of ‘net neutrality.’” However, Wired reports that the FCC remains optimistic that it can still achieve its goal of “preserving an open internet” because the “court in no way disagreed with the importance of preserving a free and open internet [n]or did it close the door to other methods for achieving this important end.” Comcast responded to the Court’s decision by declaring that it “remains committed to the FCC’s existing open Internet principles, and . . . will continue to work constructively with this FCC as it determines how best to increase broadband adoption and preserve an open and vibrant Internet.” (more…)

Posted On Apr - 11 - 2010 Comments Off READ FULL POST

Second Circuit Affirms Dismissal of Tiffany’s Trademark Infringement Claim Against eBay
By Dmitriy Tishyevich – Edited by Jad Mills

Tiffany Inc. v. eBay Inc., Case No. 08-3947 (2d Cir., Apr. 1, 2010)
Slip Opinion

On April 1, the Second Circuit largely affirmed the holdings of the district court in the Southern District of New York. The court concluded that despite the evidence that eBay had general knowledge that some of its customers had used its website to sell counterfeit Tiffany merchandise, eBay itself could not be held liable for direct or contributory trademark infringement or for trademark dilution. It remanded the case, however, to determine whether eBay could be held liable for false advertising.

Eric Goldman, who had previously commented on the district court opinion, provides a summary of the Second Circuit’s decision.  Larry Downes for the Stanford Law School Center for Internet and Society views the decision “a matter of economic necessity,” arguing that placing the burden on online marketplaces rather than on manufacturers “would effectively mean the end of eBay and sites like it.” Rebecca Tushnet comments on the opinion, focusing on the false advertising holding. Ron Coleman of the Likelihood of Confusion blog provides some additional commentary and criticism.

(more…)

Posted On Apr - 9 - 2010 1 Comment READ FULL POST

Panel Criticizes Bilski Machine-or-Transformation Test
By Kathryn Freund – Edited by Ryan Ward
Editorial Policy

On Thursday, April 1st, JOLT hosted a panel discussion at Harvard Law School on the impact of In Re Bilski, a 2008 en banc decision by the Court of Appeals for the Federal Circuit holding that the machine-or-transformation test is the proper method for determining patent-eligible subject matter. Digest previously covered the Bilski decision here. The case was appealed to the Supreme Court, which heard oral arguments in November 2009.

The three panelists, Don Steinberg, Professor Kevin Collins of the University of Indiana Maurer School of Law, and Professor Michael Meurur of Boston University School of Law, examined the Bilski holding from different litigation and economic perspectives, and wagered predictions on the forthcoming Supreme Court decision. The panelists agreed that the Bilski machine-or-transformation test rightly excludes software and business method patents, but fails as a useful test. They went on to agree that the Supreme Court will likely strike down the Bilski patent, but is unlikely to provide a concrete new test for courts to follow.

(more…)

Posted On Apr - 6 - 2010 1 Comment READ FULL POST

The JOLT Digest is proud to introduce our newest feature, Digest Reporter!  In addition to our coverage and commentary on the latest law and technology news, the Digest will now periodically report on important technology-related events at Harvard Law School and other events that may be of interest to the law and technology community.  These pieces are written entirely by members of our staff, on topics and events they choose to cover.

While the Digest provides hosting for Digest Reporter, the opinions expressed in the Reports are those of the Authors or named participants alone, and do not reflect any position of the Harvard Journal of Law & Technology, the JOLT Digest, or the Harvard Law School.

– The Digest Staff Editors

Posted On Apr - 6 - 2010 1 Comment READ FULL POST

District Court Limits the Use of State Secrets Privilege in Warrantless Wiretapping
By Kathryn Freund – Edited by Davis Doherty

Al-Haramain Islamic Found., Inc. v. Obama, No. 07-0109 (N.D. Cal., Mar. 31, 2010)
Memorandum of Decision and Order
(hosted by Electronic Frontier Foundation)

The District Court for the Northern District of California granted summary judgment for the plaintiffs, the defunct Al-Haramain Islamic Foundation and the charity’s two attorneys, finding that they presented sufficient non-classified evidence to hold the government liable for electronic surveillance without a warrant in violation of the Foreign Intelligence Surveillance Act (“FISA”).  50 U.S.C. §§ 1801–71.

Chief Judge Walker rejected the government’s argument that the Executive can invoke the State Secrets Privilege (“SSP”) to conceal the existence of a FISA warrant, and thus preclude a case the Executive believes would compromise national security. Instead, the government bore the burden of proving the existence of a FISA warrant once the plaintiffs established sufficient evidence of electronic surveillance. The court argued that Congress enacted FISA to impose judicial review of surveillance that the Executive cannot avoid by invoking the SSP.  In addition, Congress established a procedure under section 1806(f) allowing the government to show the legality of particular instances of surveillance — a procedure the government did not use in this case.

The San Francisco Examiner and Electronic Frontier Foundation provide an overview of the case and the Terrorist Surveillance Program under which the National Security Agency wiretapped Plaintiffs. The New York Times Editorial page views the court’s holding that FISA preempts the SSP as a step in the right direction in the fight against warrantless wiretapping. Wired questions whether the decision will be upheld if appealed. (more…)

Posted On Apr - 4 - 2010 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
91ea09a6535666e18ca3c56f731f67ef_400x400

Privacy Concerns in

By Sabreena Khalid – Edited by Insue Kim Following scandals earlier ...

free-speech

San Francisco Court

By Jens Frankenreiter – Edited by Henry Thomas S. Louis Martin ...

European union concept, digital illustration.

EU Unitary Patent Sy

By Saukshmya Trichi – Edited by Ashish Bakshi Advocate General’s Opinion ...

computer-typing1

California Sex Offen

By Jesse Goodwin – Edited by Michael Shammas Doe v. Harris, ...

nsa-tracking-phone-records-325x337

Congress Fails to Pa

By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...