A student-run resource for reliable reports on the latest law and technology news
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Google to Supreme Court: Snagging Data from Unsecured Wi-Fi is Perfectly Legal
By Michael Shammas – Edited by Mary Schnoor

Google has filed a petition for a writ of certiorari asking the Supreme Court to label its Street View cars’ collection of unencrypted Wi-Fi traffic legal, appealing the Ninth Circuit’s decision that Google may have violated the federal Wiretap Act. Google believes unencrypted Wi-Fi traffic should be classed as “radio communications” accessible to the public.

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Mozilla Announces Resignation of Recently Appointed CEO Brendan Eich Following Controversy over Gay Marriage Opposition
By Sheri Pan – Edited by Corey Omer

On April 3, Mozilla Corporation (“Mozilla”), a subsidiary of the non-profit Mozilla Foundation most widely known for producing the Firefox browser, announced that its CEO of less than two weeks, Brendan Eich, has resigned, after pressure from Mozilla employees, bloggers, and developers who opposed his appointment in light of a $1000 donation that he made in 2008 in support of Proposition 8, a ballot measure that sought to ban gay marriage in California.

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Flash Digest: News In Brief
By Emma Winer

Third Circuit Vacates Hacker Conviction for Improper Venue

French Unions and Employers Agree to Curb After-Hours Work Email

Limited Sale of Google Glass Slated For April 15

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Supreme Court Weighs Patent Eligibility of Software
By Mary Schnoor — Edited by Elise Young

The Supreme Court recently heard oral arguments in Alice Corp. v. CLS Bank Int’l, a case with the potential to determine whether, or when, computer-implemented inventions (i.e., software) are patent-eligible subject matter. Many commentators hope the Court will use this case as an opportunity to clarify what makes an invention an “abstract idea” that is ineligible for patenting.

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Flash Digest: News In Brief
By Corey Omer

Apple v. Samsung — Round 2

Block v. eBay — Misinterpreting Terms of Service

GrubHub Goes Public

Tweet Away, Turkey

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Agency for International Development v. Alliance for Open Society International, Inc.
By Andrew Spore – Edited by Samantha Rothberg 

Photo By: Dominic AlvesCC BY 2.0

Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., No. 12-10 (570 U. S. ___ June 20, 2013)
Slip Opinion

In a 6-2 opinion written by Chief Justice John Roberts, the Supreme Court ruled that requiring as a condition of funding that recipients of federal HIV/AIDS prevention funds have “a policy explicitly opposing prostitution” constituted an impermissible restriction on speech in violation of the First Amendment. Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., No. 12-10, slip op. at 15 (U. S. June 20, 2013). In doing so, the Court affirmed a 2011 decision by the U.S. Court of Appeals for the Second Circuit. Id.

SCOTUSblog and the New York Times provide overviews of the case. Reuters discusses the schismatic response in the legal and non-profit worlds. Harvard Law School Professor Noah Feldman, writing for Bloomberg, sees conservative political maneuvering behind the decision. In contrast, the Health Law Prof Blog speculates that the decision could lead to liberal outcomes in the battle over Planned Parenthood funding.

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Posted On Jul - 8 - 2013 Comments Off READ FULL POST

“Reclaim Your Name”
By Katherine Walecka – Edited by Natalie Kim

 

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Transcript of Keynote Address

On June 26, 2013 at her keynote address during the Computers Freedom & Privacy Conference, Federal Trade Commission (“FTC”) Commissioner Julie Brill announced a new “Reclaim Your Name” initiative. Under the proposed program, data brokers — businesses that collect consumer data for sale to other businesses — would be made accountable to consumers. Consumers would be able to access personally identifiable information that data brokers hold online through a single user-friendly online portal and regain control over their data. This would fulfill the FTC’s goals of establishing greater transparency and accountability. The consumer could choose to correct inaccurate information as well as request deletion of or cessation of certain uses of their data. Such data is increasingly important for “substantive decisions – like credit, insurance, employment, and other benefits,” according to Brill.

Brill describes “Reclaim Your Name” as a counterpart to the existing “Do Not Track” option for the Internet. Under the “Do Not Track” option, consumers can request on certain websites that their activities not be monitored for marketing purposes. “Reclaim Your Name” also mirrors the much-older Do Not Call Registry, an outgrowth of the Do-Not-Call-Implementation Act of 2003, which helped consumers avoid unsolicited telemarketing.

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Posted On Jul - 7 - 2013 Comments Off READ FULL POST

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

Wyeth v. Abbott Labs., Nos. 2012-1223, -1224, (Fed. Cir. June 26, 2013)
Opinion

On June 26, the U.S. Court of Appeals for the Federal Circuit upheld a lower court’s summary judgment of invalidity for nonenablement of certain patents relating to the use of rapamycin to treat restenosis, the renarrowing of an artery after the use of a balloon catheter. The court held that even “routine experimentation” to discover the working species of compounds within a claimed genus could constitute “undue experimentation,” given that chemical screening may require routine testing tens of thousands of compounds without any guidance from the patent.

Patently-O briefly explains the court’s decision. Patent Docs provides a detailed critique of the holding. Bloomberg summarizes the history of the litigation. (more…)

Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

Federal Trade Commission v. Actavis, Inc., No. 12-416 (570 U.S. ___ June 17, 2013)
Slip Opinion

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On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the United States Court of Appeals for the Eleventh Circuit’s dismissal of the case, resolving a circuit split.

JD Supra explains the Court’s holding. HealthAffairs describes the background of the industry and the history of the case. FDA Law Blog predicts its implications on future litigation. (more…)

Posted On Jul - 3 - 2013 Comments Off READ FULL POST

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

United States v. Turner, No. 11-196-cr (2nd Cir. June 21, 2013)
Slip Opinion

In a 2-1 decision, the United States Court of Appeals for the Second Circuit affirmed the District Court for the Eastern District of New York’s conviction of Harold Turner, an internet radio host and blogger. Turner was convicted of “threatening to assault or murder [federal] Judges Frank Easterbrook, William Bauer, and Richard Posner” on the basis of his blog posts and commentary about a decision the three had made in a Seventh Circuit case regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld the finding that Turner’s conduct constituted “a true threat . . . [that] was unprotected by the First Amendment.” Id. at 16.

The Chicago Tribune and the New York Law Journal provide overviews of the case. The Constitutional Law Prof Blog critiques the decision for giving too little weight to the passive grammatical construction of Turner’s posts, while Jonathan Turley expresses concern that the Second Circuit  “lacks [a] firm idea where to draw a line between opinion and threat.” (more…)

Posted On Jun - 30 - 2013 Comments Off READ FULL POST
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Google to Supreme Co

By Michael Shammas – Edited by Mary Schnoor [caption id="attachment_4353" align="alignleft" ...

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Mozilla Announces Re

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Flash Digest: News I

By Emma Winer Third Circuit Vacates Hacker Conviction for Improper Venue The ...

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Supreme Court Weighs

By Mary Schnoor — Edited by Elise Young [caption id="attachment_4322" align="alignleft" ...

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Flash Digest: News I

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