A student-run resource for reliable reports on the latest law and technology news
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The Court of Justice of the European Union Finds the Harbor No Longer Safe

Written by: Ann Kristin Glenster - Edited by: David Nathaniel Tan

This fall, the Court of Justice of the European Union delivered a landmark ruling,  holding that the Safe Harbor Agreement on the handling of personal data by U.S. companies in Europe was invalid. This article will give a brief overview of the case, and explore the salient issues to which the European Court took umbrage. Finally, it will attempt to sketch out some possible consequences of the ruling, and the options that now face E.U. and U.S. legislators.

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Flash Digest: News in Brief

By Yiran Zhang – Edited by Olga Slobodyanyuk

Senators Introduce a Bill which Requires Social Media Companies to Report Terrorist Activity

New EU Copyright Rules Left Possibility for Google Tax

COP21 Reached an “Ambitious and Balanced” Deal on Climate Change

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Flash Digest: News in Brief

By David Nathaniel Tan – Edited by Adi Kamdar

Software Pirate Settles Suit Via YouTube

After Paris Attacks, FCC Chairman Calls for Expanded Wiretap Laws

Hoverboards Declared Illegal in New York City

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Belgian Court Demands that Facebook Stop Tracking Non-Members

By Mila Owen – Edited by Kayla Haran

The Belgian Privacy Commission requested a cessation order against Facebook regarding their practice of placing “datr” cookies on devices of non-Facebook users to track activity on other Facebook pages or on pages containing the “like” or “share” button. The court ruled that this tracking violates the Belgian Privacy Act because it amounts to the collection and “processing of personal data.”

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Facebook not liable for discrimination against Sikhs in India

By Ann Kristin Glenster – Edited by Yaping Zhang

By dismissing Sikhs for Justice Inc.’s case against Facebook for discrimination by blocking the group’s page in India, the United District Court of Northern California maintains the neutrality of interactive online providers and exempts them from liability under Title II of the Civil Rights Act.

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By Travis West – Edited by Husam El-Qoulaq

Photo By: Jeremy KeithCC BY 2.0

A document leaked by Edward Snowden shows that the Australian Signals Directorate (“ASD”) spied on communications between the Indonesian government and a US law firm that the foreign government had retained for assistance in trade negotiations. When the ASD sought advice from the National Security Agency (“NSA”) about continuing to report on the Indonesian communications, the NSA’s Office of the General Counsel “provided clear guidance,” possibly regarding the reporting of “information covered by attorney-client privilege.” The document states that the ASD was able to continue covering the talks between the Indonesian government and its US counsel and that it had provided “highly useful intelligence for interested US customers.”

The New York Times broke the story and posted an excerpt of the leaked document. The Chicago Tribune reports a response from Mayer Brown, the law firm advising Indonesia at the time of the document’s publication in an NSA monthly bulletin. Ars Technica and the ABA Journal provide additional commentary. The Guardian further reports on the ASD’s surveillance of Indonesia, as well as the NSA’s involvement in helping the ASD to crack Indonesian encryption.  Lawfare Blog views the document as a sign of the tight cooperation between the NSA and ASD and criticizes the New York Times for overselling the story. (more…)

Posted On Mar - 3 - 2014 Comments Off READ FULL POST

By Geng Chen – Edited by Ashish Bakshi

Elcommerce.com, Inc. v. SAP AG , No. 2011-1369 (Fed. Cir. Feb. 24, 2014)
Slip opinion

Photo By: Brian TurnerCC BY 2.0

The United States Court of Appeals for the Federal Circuit affirmed in part and vacated in part the United States District Court for the Eastern District of Pennsylvania’s grant of summary judgment in a patent infringement suit filed by elcommerce against SAP AG and SAP America, Inc. (“SAP”). Elcommerce.com, slip op. at 1–3. The district court held that the method claims in elcommerce’s U.S. Patent No. 6,947,903 (“the ‘903 patent”) were not infringed and that the system claims were invalid for indefiniteness under 35 U.S.C. § 112. Id. at 3. The Federal Circuit affirmed the noninfringement holding but vacated the invalidity holding, id., stating that SAP had failed to meet its evidentiary burden because its indefiniteness argument was not supported by the testimony of “technical experts who meet the Daubert criteria,” id. at 29.

Bloomberg provides an overview of the case. PatentlyO features a thorough analysis of the decision.

(more…)

Posted On Mar - 2 - 2014 Comments Off READ FULL POST

By Corey Omer – Edited by Kim Meyer

Federal Communications Commission, Statement on Critical Information Needs Study (Feb. 28, 2014)
FCC Statement

Photo By: JasonParisCC BY 2.0

The Federal Communications Commission (“FCC”) has reversed course on a plan to ask media owners, news directors, and reporters invasive questions about editorial judgment and journalistic practices. A field study of the survey was scheduled to begin in South Carolina this spring, but on February 28, 2014, the agency issued a two-sentence statement laying the study to rest.

The Multi-Market Study of Critical Information Needs (“CIN Study”)—officially aimed at identifying “barriers that may prevent entrepreneurs and small business from competing in the media marketplace”—came under intense scrutiny from members of the news media and lawmakers after it was criticized by Republican FCC Commissioner Ajit Pai in a February 10, 2014 op-ed in The Wall Street Journal. Pai suggested that the impugned survey was an attempt by the agency to “thrust the federal government into newsrooms across the country,” “wade into office politics,” and “meddle[] in news coverage.”

Among others, the Wall Street Journal, AdWeek, and Fox News have all reported on the FCC’s recent decision to cancel the CIN Study. Fox News also suggested possible ties between the study and billionaire investor George Soros. (more…)

Posted On Mar - 1 - 2014 Comments Off READ FULL POST

By Mengyi Wang – Edited by Elise Young

Ring & Pinion Service Inc. v. ARB Corporation Ltd., No. 2013-1238 (Fed. Cir. Feb. 19, 2014)
Slip Opinion

Photo By: Tristan FerneCC BY 2.0

The United States Court of Appeals for the Federal Circuit reversed the United States District Court for the Western District of Washington’s grant of summary judgment, finding that Ring & Pinion Service Inc.’s (“R&P”) Ziplocker product did not infringe ARB Corporation Ltd.’s (“ARB”) U.S. Patent No. 5,591,098 (“the ’098 patent”). Ring & Pinion Service Inc., slip op. at 2.

In a unanimous opinion, the Federal Circuit agreed with the lower court that the foreseeability of a cylinder equivalent at the time the patent was filed did not limit the application of the doctrine of equivalents. The doctrine of equivalents accommodates future changes in technology, thus allowing for the continued relevance of a patent despite changes in language or concepts. At issue in this case was whether foreseeability at the time the patent was filed prevented the application of the doctrine of equivalents, and therefore might support a finding a non-infringement. In addition to finding that foreseeability did not limit the doctrine, the court determined that, the district court improperly applied the doctrine of claim vitiation in finding non-infringement. Id. at 8–9.

Patently-O summarizes the decision and comments on the underlying policy rationales. (more…)

Posted On Feb - 27 - 2014 Comments Off READ FULL POST

By Mark Verstraete – Edited by Michael Shammas

Photo By: Nate GriggCC BY 2.0

On February 12, 2014, Senators Rockefeller (D-WV) and Markey (D-MA) introduced a bill that would require data brokers—companies that collect and sell consumer information to third parties—to be more transparent about their practices. The Data Broker Accountability and Transparency Act, S. __, 113th Cong. (Feb. 12, 2014) (“DATA Act“), represents an attempt to empower consumers to regain some control over their personal information.

In reality, the transparency and control offered by the DATA Act is limited. (more…)

Posted On Feb - 27 - 2014 Comments Off READ FULL POST
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