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

Flash Digest: News in Brief

By Daniel Etcovitch – Edited by Emily Chan

Florida Judge Rules Bitcoin Is Not Equivalent to Money

Illinois Governor Signs Bill Restricting Use of Stingrays

DMCA DRM Circumvention Provision’s Constitutionality Being Challenged

Read More...

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

Federal Circuit Flash Digest

By Yuan Cao – Edited by Frederick Ding

Mere Commercial Benefit Not Enough to Trigger The On-Sale Bar

Technology-Based Software Solution Can Be Patentable 

Patent Disputes about Siri, iTunes, Notification Push, and Location

Read More...

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

Sixth Circuit Finds Privacy Interest in Mugshots under FOIA

By Filippo Raso – Edited by Ariane Moss

A split en banc Sixth Circuit reversed the lower courts’ ruling, holding individuals have a privacy interest in their booking photos for the purposes of Exemption 7(C) of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. In so doing, the Court overruled Circuit precedent established two decades ago. The case was remanded with instructions to balance the public interests against the individual’s privacy interest.

Read More...

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

The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.

Read More...

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

By Jaehwan Park – Edited by Kayla Haran

Bipartisan Lawmakers Introduce Bill Encouraging U.S. Government Agencies to Use the Cloud as a Secure Alternative to Legacy Systems

Snapchat Accused of Violating Illinois Biometric Information Privacy Act

The Office of the U.S. Trade Representative Announces New Policy Group to Promote Global Digital Trade

Read More...

Written by: Michelle Sohn

Edited by: Olga Slobodyanyuk

Emulsion: A mixture of two or more liquids that are normally immiscible (nonmixable or unblendable).

-Wikipedia

 I.               UberX D.C. as Case Study in the Local Sharing Economy

If states are laboratories of democracy, then cities are the experiments. A new experiment has bubbled up in cities across the world, reaching a boiling point. The experiment? The local sharing economy. In May, amidst accusations that many of its users were violating New York’s illegal hotels law, Airbnb agreed to release redacted user data to New York’s Attorney General. In early June, the Commonwealth of Virginia Department of Motor Vehicle Services issued cease-and-desist letters to Uber and Lyft, ride-on-demand mobile app services. Weeks later, taxicabs caravanned into Washington, D.C. in protest, bringing traffic to a standstill. They demanded that the D.C. City Council also issue cease-and-desist letters. While Virginia has since lifted the ban on Uber and Lyft, other states and cities have continued to fight.

Heretofore, much of the debate has centered around two competing narratives: According to some, the Uber story (and more broadly, the local sharing economy story) is one that pits ham-handed regulation against innovation, protecting entrenched and outmoded industries. Others argue that the case against Uber is fair, and that to compete all services should play by the same rules. While politics and fears of disruption certainly play large roles in this regulatory drama, this comment points to a larger legal controversy at work—the increased emulsification of commercial and private uses. Although the focus of this comment is on Uber and D.C., the larger goal is to identify major regulatory tensions with the local sharing economy by examining actual and proposed municipal regulations and laws. (more…)

Posted On Aug - 31 - 2014 1 Comment READ FULL POST

By Olga Slobodyanyuk

ICANN responds to terrorism victims by claiming domain names are not property

The Internet Corporation for Assigned Names and Numbers (“ICANN”) has asked a D.C. Circuit Court to prevent the handover of country code top-level domain names (“ccTLD”) to plaintiffs of Ben Haim et al. v Islamic Republic of Iran et al., who have been trying to collect their $109 million damages award from Iran for the 1997 suicide bombing. The plaintiffs have had limited success with seizing Iranian assets located in the U.S., including cultural artifacts held by Harvard University and Chicago’s Field Museum, reports Arstechnica. They have recently obtained writs of attachment against ICANN, ordering it to “hold” the ccTLDs of Iran, Syria and North Korea for seizure, liquidation or transfer. According to the Volokh Conspiracy, ICANN has responded in its motion to quash these writs by claiming that “a ccTLD is not ‘property’; even if you think its property, it’s not property ‘belonging to’ the defendant governments; even if you think it’s property belonging to the defendant governments, it’s not within ICANN’s control; and even if you think it’s property belonging to the defendant governments that is within ICANN’s control, it’s not ‘located in the United States’ and therefore not subject to seizure by a U.S. federal court.” The Volokh Conspiracy notes that, although a ccTLD is like a label to a series of interlocking relationships, the theory that domain names are property has been successfully used by the Department of Homeland Security to seize websites allegedly involved in copyright infringement.

(more…)

Posted On Aug - 6 - 2014 Comments Off READ FULL POST

By Amanda Liverzani – Edited by Mengyi Wang

Digitech Image Technologies, LLC v. Electronics For Imaging, Inc., 2013-1600, -1601, -1602, -1603, -1604, -1605, -1606, -1607, -1608, -1609, -1610, -1611, -1612, -1613, -1614, -1615,  -1616, -1617, -1618 (Fed. Cir. July 11, 2014) 

Slip Opinion

In Digitech Image Technologies, LLC v. Electronics For Imaging, Inc., the Federal Circuit embraced the opportunity to apply the Supreme Court’s recent decision regarding the patentability of abstract ideas in Alice Corp. v. CLS Bank Int’l, 573 U.S. ___, No. 13-298 (June 19, 2014) to resolve a question of subject matter eligibility under 35 U.S.C. §101. Digitech Image Technologies (“Digitech”) filed infringement suits against 32 defendants in the U.S. District Court for the Central District of California alleging infringement of a patent “directed to the generation and use of an ‘improved device profile’ that describes spatial and color properties of a device within a digital image processing system.” 2013-1600, -1601, -1602, -1603, -1604, -1605, -1606, -1607, -1608, -1609, -1610, -1611, -1612, -1613, -1614, -1615,  -1616, -1617, -1618 (Fed. Cir. July 11, 2014). Slip op. at 56. Several defendants filed for summary judgment on the basis that the asserted claims of the Patent-in-SuitU.S. Patent No. 6,128,415 (“the ‘415 patent”)were invalid under Section 101. Id. at 6. The district court granted the motions, finding that the claims were subject matter ineligible. Id.

The ‘415 patent claims a “device profile” and a method for creating an improved device profile for use in digital imaging. Id. at 4. A digital image is typically captured by a “source device,” like a digital camera, and then transferred to an “output device,” like a monitor or printer. Id at 5. In the transfer process the image is distorted because of the differences in information, such as color ranges, stored by the source device and readable by the output device. Id. The ‘415 patent proposed a “device independent solution” to the distortion issue through the generation of device profiles containing information about both source and output devices. Id. Unlike prior art which only described device profiles covering color ranges, the ‘415 patent discloses device profiles consisting of color ranges and spatial properties. Id. at 56.

On appeal, Digitech argued that the district court erred in finding that the device profile claim was “directed to a collection of data that lacks tangible or physical properties” and that the method claims “encompass an abstract idea.” Id. at 6. The Federal Circuit rejected both arguments by Digitech, affirming the district court’s decision in an opinion authored by Circuit Judge Reyna. Id. at 7.

(more…)

Posted On Aug - 5 - 2014 Comments Off READ FULL POST

By Kellen Wittkop – Edited by Insue Kim

On July 25, 2014, the House passed bill S517, the Unlocking Consumer Choice and Wireless Competition Act. This legislation was designed to make it legal for consumers to circumvent copy protection mechanisms for cell phone software when changing service providers—a practice known as “unlocking,” which had been illegal under the recommendation of the Library of Congress in the Digital Millennium Copyright Act (“DMCA”).

The new bill was originally introduced by Senator Patrick Leahy [D-VT] on March 11, 2013, and it has not been amended since its introduction. The House originally passed a version of the bill that included controversial language which would still outlaw unlocking in bulks. After consumer group backlash, however, the Senate passed a version without the controversial language, and the House agreed to approve this version. The new bill essentially aims to increase consumer choice, allowing consumers to unlock their phones freely, as long as their device is fully paid for. Now that President Obama has signed the bill into law, it is now easier for cell phone users to change their phone service provider without having to purchase a new device.

A summary of the history surrounding the bill is available here. The Washington Post discusses the future implications of its passage. PC, Ars Technica, and the National Journal provide additional commentary.

(more…)

Posted On Aug - 5 - 2014 Comments Off READ FULL POST

By Kellen Wittkop – Edited by Travis West

In the Matter of a Warrant for All Content and Other Information Associated with the Email Account xxxxxxx@gmail.com Maintained at Premises Controlled by Google, Inc., Case 1:14-mj-00309-UA (S.D.N.Y. Jul. 18, 2014) Memorandum Opinion

A Southern District of New York Magistrate Judge granted the government’s application for a search warrant in a money laundering investigation to obtain emails and other information from a suspect’s Gmail account, conflicting with the opinions of several other judges.

The SDNY magistrate judge addressed the conflicting opinions, disagreeing with the central issues in both a DC District Court and a District of Kansas opinion. The magistrate concluded that these courts too narrowly interpreted the Fourth Amendment’s particularity requirement, and also that the reasonableness standard of the Fourth Amendment does not require the court to place protocol on how the government conducts its search. In granting the warrant, the magistrate opened the door for government search and seizure of massive amounts of email information, spurring a controversial debate over privacy concerns.

IT World, Reuters, and Tech Times provide an overview of the case. Slate criticizes the decision, stating that the magistrate “furthered an alarming trend” with the decision. Tech Law discusses reactions to the ruling.

(more…)

Posted On Aug - 5 - 2014 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
Unknown

Flash Digest: News i

By Daniel Etcovitch - Edited by Emily Chan Florida Judge Rules ...

hammer

Federal Circuit Flas

By Yuan Cao - Edited by Frederick Ding Mere Commercial Benefit ...

3293465641_b6c5081e87_q

Sixth Circuit Finds

By Filippo Raso – Edited by Ariane Moss Detroit Free Press, ...

free-speech

The EFF Challenges t

By Priyanka Nawathe – Edited by Kayla Haran 17 U.S.C § ...

Unknown

Flash Digest: News i

By Jaehwan Park - Edited by Kayla Haran Bipartisan Lawmakers Introduce ...