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 Elise Young – Edited by Kathleen McGuinness

European Proposal on Protection of Trade Secrets

European Commission, Proposal for a Directive of the European Parliament and of the Council on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) Against their Unlawful Acquisition, Use and Disclosure  (Nov. 28, 2013)
Proposed Directive

Photo By: Thomas QuineCC BY 2.0

On November 28th, the European Commission issued a proposed directive for greater and more uniform protection of trade secrets throughout the European Union. The goal of the proposal is to increase innovation by providing better protection for EU businesses’ trade secrets. Proposed Directive at 2. The Commission identified the currently irregular protection and enforcement of trade secrets within the EU as a significant factor inhibiting cross-border research and development and general innovation. Id. at 3. The proposal is one part of the EU’s “Innovation Union” and IP strategies, adopted in May 2011. Id.

The proposal and other documents related to the directive can be found here. The Commission additionally released a memorandum summarizing trade secret law, the directive, and the reason for its proposal. The New York Times and Bloomberg provide further commentary on the proposed directive. (more…)

Posted On Dec - 4 - 2013 Comments Off READ FULL POST

By Christopher A. Crawford – Edited by Abhilasha Nautiyal

AT&T shareholder proposal, hosted by Osc.state.ny.us
Verizon shareholder proposal, hosted by Aclunc.org
American Civil Liberties Union of Northern California Announcement

Photo By: Razor512CC BY 2.0

Last month, the American Civil Liberties Union of Northern California (“ACLU”), in collaboration with other shareholders, filed shareholder proposals with Verizon and AT&T to persuade the telecommunications companies to issue transparency reports disclosing data about customer information that was passed on to the National Security Agency. This new tactic in the privacy fight is designed to highlight what activists say are serious costs associated with the telecom companies’ lack of transparency.

The Wall Street Journal and Ars Technica, among others, have reported the filing of these shareholder proposals. (more…)

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

By Mark Verstraete – Edited by Thuy Nguyen

Press Release, U.S. Attorney’s Office, Southern District of New York (Nov. 15, 2013)

On Friday, November 15, 2013, Anonymous and Lulzsec-affiliated hacktivist Jeremy Hammond was sentenced to ten years in prison and three years of supervised release. During his supervised release period, Hammond is proscribed from using computer anonymity devices, such as Tor. See Ars Technica. Hammond was sentenced in a federal courtroom for the Southern District of New York with roughly one hundred supporters and friends in attendance. See RollingStone Politics.

Ars Technica and RollingStone Politics review the background of the case and the context of the sentencing. CNET provides additional background and commentary from supporters and others. (more…)

Posted On Nov - 26 - 2013 Comments Off READ FULL POST

By Mengyi Wang

Icon-newsHaitian Photographer Awarded $1.2M in Copyright Infringement Case

Last Friday, a federal jury awarded Daniel Morel $1.2 million, the maximum statutory damages allowed by law, after finding that Agence France-Presse (“AFP”) and Getty Images willfully violated the Copyright Act, Reuters reports. The story began in 2010 when AFP and Getty Images distributed the photos that Morel took in the aftermath of the Haiti earthquake without his permission. They subsequently filed a declaratory judgment lawsuit against Morel for noninfringement. In January, a New York District Court judge ruled that AFP was liable for copyright infringement. Agence France Presse v. Morel, No. 10-02730 (S.D.N.Y. Jan. 14, 2013). The jury trial was to determine whether AFP’s infringement was willful and the amount of damages. Further coverage can be found at ABC News.

UN Privacy Resolution Stays Strong Despite Orchestrated Challenges

The United Nations draft resolution calling for protection of digital privacy remains largely intact despite the United States, the United Kingdom, and Australia’s concerted efforts to dilute the language, The Guardian reports. The resolution was spearheaded by Germany and Brazil in the wake of recent revelations that the United States had tapped the phones of 35 world leaders. As ABC News explains, UN General Assembly resolutions, though not legally binding, hold moral and political sway. Last week, five international human rights and privacy rights organizations – Access
Now, Amnesty International,
 Electronic Frontier Foundation,
 Human Rights Watch, and
 Privacy International – signed an open letter urging that all states meeting at the UN General Assembly back the resolution. The Guardian and Reuters discuss the disagreements among states in greater detail.

China to Launch Crude Oil Futures Market

China, surpassing the United States as the world’s largest oil importer, is expected to introduce crude oil futures in the Shanghai free-trade zone shortly, Bloomberg reports. According to Reuters, the Shanghai Futures Exchange is proposing a yuan-denominated contract and would permit foreign investors without local subsidiaries to trade. The bourse has already established an international energy trading platform and is awaiting Beijing’s nod to launch the contract. Business Insider and South China Morning Post provide overviews of the development.

Posted On Nov - 25 - 2013 Comments Off READ FULL POST

Apple Inc. v. Samsung Elecs. Co.
By Amy Zhang – Edited by Elise Young

Apple Inc. v. Samsung Elecs. Co., Appeal No. 2013-1129 (Fed. Cir. Nov. 18, 2013)
Slip Opinion

Photo By: Kai HendryCC BY 2.0

On November 18th, the U.S. Court of Appeals for the Federal Circuit issued a ruling on the Northern District Court of California’s decision denying Apple’s request for a permanent injunction against Samsung for patent infringement. The ruling is the most recent move in the Apple v. Samsung smartphone saga.

The Federal Circuit affirmed the district court’s findings that Samsung did not infringe on Apple’s design patents and trade dress, and thus that Apple is not entitled to injunctive relief. However, the Federal Circuit vacated the district court’s denial of injunctive relief for Apple’s utility patents and remanded the case for further considerations. The circuit court’s decision turns on the requirements for showing causal nexus between ongoing infringement and irreparable harm necessary for obtaining injunctive relief.

Patently-O provides a brief overview of the case and Apple’s previous attempts to secure an injunction. Reuters also provides a summary of the case. (more…)

Posted On Nov - 24 - 2013 Comments Off READ FULL POST
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