A student-run resource for reliable reports on the latest law and technology news
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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

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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

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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.

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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.

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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

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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

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

United States v. Turner, No. 11-196-cr (2nd Cir. June 21, 2013)
Slip Opinion

In a 2-1 decision, the United States Court of Appeals for the Second Circuit affirmed the District Court for the Eastern District of New York’s conviction of Harold Turner, an internet radio host and blogger. Turner was convicted of “threatening to assault or murder [federal] Judges Frank Easterbrook, William Bauer, and Richard Posner” on the basis of his blog posts and commentary about a decision the three had made in a Seventh Circuit case regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld the finding that Turner’s conduct constituted “a true threat . . . [that] was unprotected by the First Amendment.” Id. at 16.

The Chicago Tribune and the New York Law Journal provide overviews of the case. The Constitutional Law Prof Blog critiques the decision for giving too little weight to the passive grammatical construction of Turner’s posts, while Jonathan Turley expresses concern that the Second Circuit  “lacks [a] firm idea where to draw a line between opinion and threat.” (more…)

Posted On Jun - 30 - 2013 Comments Off READ FULL POST
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