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

ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.

Read More...

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

Facebook’s experiment of emotional contagion raises concerns
By Jenny Choi – Edited by Sarah O’Loughlin

On June 17, 2014, Proceedings of the National Academy of Sciences released a study in which Facebook reduced positive and negative posts on News Feeds to observe any changes in the participants’ posts to test whether emotional states are contagious through verbal expressions. Many have criticized Facebook for the experiment,  finding that Facebook has deceived its users, violated past Consent Orders, and stretched the users’ terms of service agreements too far.

Read More...

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

Flash Digest: News in Brief

By Ken Winterbottom

Access to nude photos is a ‘perk’ of working at the NSA, Snowden says

Record label slams YouTube star with copyright infringement suit

Study shows women are still underrepresented among technology leaders

Read More...

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

SDNY Holds Bitcoins Fall Under Purview of Federal Money Laundering Statute

By Amanda Liverzani  Edited by Mengyi Wang

The debate surrounding the legal status of Bitcoins continued to heat up, as the Southern District of New York weighed in on whether the virtual currency could be used to launder money under 18 U.S.C. §1956(h). In a July 9, 2014 opinion penned by Judge Forrest in United States v. Ulbricht, the court held that exchanges involving Bitcoins constitute “financial transactions” for purposes of the money laundering statute, noting that “[a]ny other reading would—in light of Bitcoins’ sole raison d’etre—be nonsensical.”

Read More...

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

Aereo Struggles as Supreme Court Finds It Violated Copyright Law
By Jenny Choi – Edited by Sarah O’Loughlin

On June 25, 2014, in its 6-3 decision, the Supreme Court of the United States ruled against Aereo, Inc.  The U.S. Supreme Court held that Aereo violated the Copyright Act of 1976 for streaming TV shows shortly after they were broadcast without paying for the copyrighted works.  As a result, Aereo suspended its service and has struggled to find a way to re-operate its business. This decision has not come without criticism, however, as some warn this ad hoc decision could lead to uncertainty in the courts.

Read More...

Authors Guild, Inc., et al. v. Google Inc.
By Jonathan Sapp – Edited by Michelle Sohn

Photo By: Ian WilsonCC BY 2.0

Authors Guild, Inc., et al. v. Google Inc., 12-3200-cv, (2d Cir. July 1, 2013)
Slip Opinion

The United States Court of Appeals for the Second Circuit vacated and remanded the lower court’s certification of the plaintiff class. The Second Circuit held that class certification should not precede a determination of Google’s fair use defense. The determination of the defense will “necessarily inform and perhaps moot” the Second Circuit’s analysis of class certification issues. Author’s Guild, Inc. v. Google Inc., No. 12-3200-cv, slip op. at 4 (2d Cir. July 1, 2013). In so ruling, the court cited the Supreme Court’s decision in Dukes, which held that a “class cannot be certified on the premise that [a defendant] will not be entitled to litigate its statutory defenses to individual claims.” Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2561 (2011).

NBC News and Reuters provide overviews of the case. Lathrop & Gage, LLP’s “Media, Privacy & Beyond” blog speculates that the court’s ruling may place fair use as “an insurmountable hurdle to copyright class plaintiffs.” Paid Content notes that the ruling may create tension in the Circuit since it vacated the decision of Judge Denny Chin, who now sits on the Second Circuit. (more…)

Posted On Jul - 12 - 2013 Comments Off READ FULL POST

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.

(more…)

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

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

 

Photo By: CliffCC BY 2.0

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.

(more…)

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

Photo By: epSos .deCC BY 2.0

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
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
invisalign-braces

ITC’s review of an

ITC’s review of an ALJ’s order was not procedurally sound By ...

Photo By: mkhmarketing - CC BY 2.0

Facebook’s experim

Facebook’s experiment of emotional contagion raises concerns By Jenny Choi – ...

Icon-news

Flash Digest: News i

By Ken Winterbottom Access to nude photos is a ‘perk’ of ...

pic01

SDNY Holds Bitcoins

By Amanda Liverzani – Edited by Mengyi Wang United States v. Ulbricht, ...

aereo_antenna_array1

Aereo Struggles as S

Aereo Struggles as Supreme Court Finds It Violated Copyright Law By ...