A student-run resource for reliable reports on the latest law and technology news
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Flash Digest: News in Brief

By Anne Woodworth

UK Court Allows Safari Users to Sue Google over Privacy Settings

FTC Responds to Allegations that it Ignored Staff Recommendations to Sue Google

Citigroup Report Criticizes Law Firms for not Reporting Hacking

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Federal Circuit Rejects En Banc Review of Infringement Willfulness Standard

By Paulius Jurcys – Yaping Zhang

The Federal Circuit rejected a motion for en banc review of a patent infringement case evaluating the willfulness standard and whether the standard should be changed in order to meet the interpretation provided by the Supreme Court in the Octane decision.

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The FCC’s Net Neutrality Rules on Protecting and Promoting Open Internet

By Shuli Wang – Edited by Yaping Zhang

Two weeks after voting on regulating broadband Internet service as a public utility, on March 12, the Federal Communications Commission (”FCC”) released a document (the FCC Order and Rules) on net neutrality, which reclassifies high-speed Internet as a telecommunications service rather than an information service, thus subjecting Internet service providers (ISPs) as common carrier to regulations under Title II of the Communications Act of 1934. The purpose of the new rules is to ensure the free flow of bits through the web without paid-for priority lanes and blocking or throttling of any web content.

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White House releases administration discussion draft for Consumer Privacy Bill of Rights Act of 2015

By Lan Du – Edited by Katherine Kwong

On February 27, 2015, President Obama released an administration draft of a proposed Consumer Privacy Bill of Rights Act. The proposed bill’s stated purpose is to “establish baseline protections for individual privacy in the commercial arena and to foster timely, flexible implementations of these protections through enforceable codes of conduct developed by diverse stakeholders.”

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Federal Circuit Flash Digest: News in Brief

By Patrick Gallagher

Federal Circuit Affirms Denial of AT&T Motion to Extend or Re-open Filing Period for Appeal in Patent Infringement Suit

In Patent Suit Against Apple, Federal Circuit Affirms in Part, Reverses in Part

Federal Circuit Reverses DNA Sequencing Technology Patent Construction

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By Michelle Sohn

Flash DigestNorthern District of California Court Strikes Down National Security Letter Statute

On Friday, the District Court for the Northern District of California struck down 18 U.S.C. § 2709 due to its failure to meet First Amendment standards, reports the Electronic Frontier Foundation (“EFF”). The statute is known as one of the “National Security Letter” (“NSL”) statutes, which allows the FBI to issue requests for subscriber information from Internet service providers, telephone companies, and others. The ruling was a response to the EFF’s 2011 petition challenging the constitutionality of the 2709(c) “gag” provision, which prohibits companies from disclosing that they have received an NSL as well as the judicial review provisions of 18 U.S.C. § 3511 (b). District Court Judge Susan Illston’s decision to bar NSLs differs from a prior ruling on the issue from the Second Circuit. The Second Circuit, in Doe v. Mukasey, approved NSLs as long as the FBI took voluntary measures to protect against abuse. Unlike the Second Circuit, Judge Illston’s decision held that since the gag provision was meant to work in concert with the rest of the statute, the power granted to the FBI to compel subscriber information from providers also be struck down. The District Court’s decision is likely to be appealed to the Ninth Circuit Court of Appeals.

Social Media Added Fuel to the Fire in Stuebenville Rape Case

Two Ohio high school football players accused of raping a 16-year old girl were convicted Sunday, reports USA Today. The case was largely driven by and followed in social media. Throughout the trial, texts and videos from Twitter, Instagram, and Facebook were used to incriminate the accused. The episode even got the attention of hacktivist group, Anonymous, which made public a private video of students joking about the incident. On Monday, two Ohio girls were arrested after making threats against the victim on Facebook and Twitter.

Presidential Commission Concludes Anthrax Vaccine Testing on Children Unethical without Further Research

The Presidential Commission for the Study of Bioethical Issues released a report Tuesday warning against a government proposal to test anthrax vaccines on children without conducting more preliminary research, NPR reports.  The proposal for testing is rooted in two major concerns: first, the likelihood that anthrax would be the weapon of choice in a bioterrorist attack, and second, the uncertainty that the vaccine would work effectively in children. To date, the anthrax vaccine has been given to more than one million adults in the military, but the vaccine’s effects on children are not known. The Commission’s report concluded that more research would have to show that testing would pose no more than a minimal risk to children. The report also suggests testing on animals and young adults first. The Department of Health and Human Services, the agency that charged the Commission with evaluating the proposal, will have the final say in whether to go ahead with the experiment.

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

Radio Systems Corp. v. Lalor
By Craig Fratrik – Edited by Kathleen McGuinness

Radio Systems Corp. v. Lalor, No. 2012-1233, 2013 WL 811757 (Fed. Cir. Mar. 6, 2013)
Slip opinion

The Court of Appeals for the Federal Circuit affirmed in part, reversed in part, and remanded the decision of the Western District of Washington, which had ruled that Tom Lalor and Bumper Boy (“Bumper Boy”) were barred under equitable estoppel from bringing certain patent infringement claims and that none of Radio Systems’ other designs were infringing.

Agreeing with the lower court, the Federal Circuit held that Bumper Boy’s four years of silence after sending a letter claiming infringement prevented them from bringing claims based on the patent referred to in the letter. However, in a divided opinion, the court reversed the lower courts and held that equitable estoppel would not apply to a continuation-in-part patent that Bumper Boy received after it sent its initial letter.

Writing for the Law Technology & Arts Blog, Aaron Orheim provides a good overview of the case. At Patently-O, Dennis Crouch considers how the decision might have changed with different facts and how patentees might change their behavior. (more…)

Posted On Mar - 23 - 2013 Comments Off READ FULL POST

SOFA Entm’t, Inc. v. Dodger Prods., Inc.
By Erica Larson – Edited by Alex Shank

SOFA Entm’t, Inc. v. Dodger Prods., Inc. No. 2:08-cv-02616 (9th Cir. Mar. 11, 2013)
Slip Opinion

Photo By: bagaballCC BY 2.0

The Ninth Circuit affirmed the decision of the District Court for the Central District of California to grant summary judgment and award attorneys’ fees to Dodger Productions, Inc. (“Dodger”) in its suit against SOFA Entertainment, Inc. (“SOFA”).

In an opinion by Judge Trott, the court concluded that Dodger’s unlicensed use of a clip from the Ed Sullivan Show fell squarely within the fair use exception. In so holding, the court stated that the use was transformative and the clip used was not at the core of the copyrighted work. In addition, the court awarded attorneys’ fees to Dodger, on the grounds that SOFA should have known that it had little chance of success.

Dan Levine, writing for Thomson Reuters, offers a concise overview of the case. All Media Law provides a more detailed discussion. In her blog, Rebecca Tushnet focuses on the court’s use of fees to send a message about the purposes of copyright. (more…)

Posted On Mar - 19 - 2013 Comments Off READ FULL POST

By Samantha Rothberg

Flash DigestReuters Employee Indicted for Conspiring with Anonymous to Hack News Site

A federal grand jury indicted Reuters’ deputy social media editor Matthew Keys for allegedly conspiring with the hacking group Anonymous, Reuters reports. The indictment claims that in 2010, shortly after being fired from his job with a Sacramento television station owned by the Tribune Company, Keys gave Anonymous members a username and password linked to the company’s server. A hacker nicknamed “Sharpie” then used the log-in credentials to hack the Los Angeles Times website, changing the text and headline of a news story. Keys has been charged with three criminal counts, including conspiracy to cause damage to a protected computer, and faces a maximum sentence of up to 25 years in prison and up to $750,000 in fines.

Federal Judge Allows FTC to Serve International Defendants via Facebook

A U.S. District Judge granted the FTC’s request to serve documents via email and Facebook to defendants in India who are accused of scamming U.S. consumers, reports Evan Brown at internetcases. In his opinion granting the request, Judge Paul Engelmayer noted that service by email and Facebook is not prohibited by international agreement. Furthermore, Judge Engelmayer found that service by email and Facebook comports with due process requirements in this case because it is “reasonably calculated” to provide the defendants with notice, particularly given evidence showing that the Facebook and email accounts in question are actually owned and used by the defendants. While Judge Engelmayer noted that courts must be open to the possibility of “service via technological means of then-recent vintage,” he also expressed skepticism that service via Facebook alone would be sufficient to meet due process requirements.

D.C. Circuit Reinstates ACLU Lawsuit Seeking Information on CIA’s Role in Drone Strikes

The U.S. Court of Appeals for the District of Columbia reinstated an American Civil Liberties Union lawsuit seeking CIA documents relating to the agency’s drone program, Bloomberg reports. The ACLU filed a Freedom of Information Act request in 2010 for records disclosing the legal basis for the use of drones to kill civilians abroad, and the CIA argued that to confirm or deny the existence of the drone program would pose a threat to national security. A district court accepted the CIA’s reasoning and dismissed the case in 2011, but the appeals court rejected their argument and sent the case back to the district court for further proceedings. The court ruled that since the drone targeting program had been publicly acknowledged by senior administration officials, including President Barack Obama, former Defense Secretary Leon Panetta, and current CIA Director John Brennan, the agency had waived its right to withhold the information.

Google Settles Street View Lawsuit, Acknowledges Privacy Violations

Google has settled a lawsuit brought by 38 states regarding privacy violations by its Street View team, reports the New York Times. Google acknowledged that its Street View mapping vehicles violated people’s privacy by secretly collecting personal information from millions of unprotected wireless networks across the country. The settlement requires Google to pay a modest $7 million fine and meet several specific privacy benchmarks, including setting up a privacy program within six months, offering privacy certification and training programs for its employees, and launching a comprehensive effort via YouTube, online ads, and newspaper ads to educate consumers about easy ways to encrypt their wireless networks.

 

Posted On Mar - 18 - 2013 Comments Off READ FULL POST

United States v. Cotterman
By Casey Holzapfel ­– Edited by Jessica Vosgerchian

United States v. Cotterman, No. 09-10139 (9th Cir. March 8, 2013)
Slip opinion

In an en banc decision, the United States Court of Appeals for the Ninth Circuit reversed a decision of the District Court of Arizona suppressing evidence found in a laptop seized by border agents.

The Ninth Circuit held that comprehensive searches of electronic devices must meet a standard of reasonable suspicion of criminal activity, extending the standard for searches conducted away from the point of entry to forensic examinations of computers carried out as part of a border search. The Ninth Circuit reversed the district court after finding that the agents did meet that standard.

Wired comments on the authorization of “blank check” search rules for electronics by the executive branch. Ars Technica and Politico provide a comprehensive overview of the dissenting opinions. (more…)

Posted On Mar - 15 - 2013 Comments Off READ FULL POST
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