A student-run resource for reliable reports on the latest law and technology news
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On August 14, 2014, the U.S. Food and Drug Administration (FDA) issued Draft Guidelines on the direct de novo classification process, a means of accelerating the approval of new types of medical devices posing only low to moderate health risks.[1]  The FDA created de novo classification in 1997, but after the process failed to achieve its purpose of expediting approval, the FDA introduced an alternative de novo process called “direct” de novo.

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Insuring Patents

By Yaping Zhang – Edited by Jennifer Chung and Ariel Simms

Despite its increasing availability, patent insurance—providing defensive protection against claims of patent infringement and funding offensive actions against patent infringers—continues to be uncommon. This Note aims to provide an overview of the patent insurance landscape.

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Defend Trade Secrets Act of 2016 Seeks to Establish Federal Cause of Action for Trade Secrets Misappropriation

By Suyoung Jang – Edited by Mila Owen

Following the Senate Judiciary Committee’s approval in January of the Defend Trade Secrets Act of 2016, the Committee has released Senate Report 114-220 supporting the bill. The bill seeks to protect trade secret owners by creating a federal cause of action for trade secret misappropriation.

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Federal Circuit Flash Digest

By Evan Tallmadge – Edited by Olga Slobodyanyuk

The Linked Inheritability Between Two Regions of DNA is an Unpatentable Law of Nature

HP Setback in Challenging the Validity of MPHJ’s Distributed Virtual Copying Patent

CardPool Fails to Escape an Invalidity Judgment But Can Still Pursue Amended Claims

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Amicus Brief by EFF and ACLU Urging Illinois State Sex Offender Laws Declared Unconstitutional under First Amendment

By Yaping Zhang – Edited by Mila Owen

With the Illinois Supreme Court gearing up to determine the constitutionality of the state’s sex offender registration statute, two advocacy non-profits have filed amicus briefs in support of striking the law down.

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Written by Heather Whitney
Edited by Kassity Liu
Editorial Policy

United States v. Jones (U.S. Jan. 23, 2012)
2012 WL 171117; No. 10-1259

In a hotly anticipated decision, the Supreme Court unanimously found that the Government’s warrantless attachment of a Global Positioning System (GPS) tracking device to a vehicle to monitor its movement constituted a Fourth Amendment violation. While unanimous in judgment, the Court split on both its underlying reasoning and with regards to whether the tracking amounted to a search at all. The Court also did not reach the question of whether the search was reasonable. Due to the Court’s fractured analysis, it remains unclear when the Government must obtain a warrant to track a vehicle’s movements, particularly in the case of short-term monitoring. In concurrence, Justice Alito also suggests that if the public views the losses of privacy brought on by new technologies as inevitable, his Katz analysis would be different in future cases.  (more…)

Posted On Feb - 7 - 2012 Comments Off READ FULL POST

Megaupload.com indicted by Department of Justice
By Daniella Adler – Edited by Abby Lauer

U.S. v. Kim Dotcom et al., 1:12-cr-3 (E.D. Va.)
Indictment

The Department of Justice recently brought a criminal indictment against Megaupload.com and related websites in the Eastern District of Virginia on three different counts of copyright infringement as well as money laundering and racketeering.

The indictment calls the operators of Megaupload.com and its environs the “Mega-Conspiracy” and describes it as a “worldwide criminal organization.” The government estimates that $175 million in profits from subscriptions and advertising comes directly from the large volume of copyrighted material illegally posted on the website. Among the individuals indicted were Megaupload.com founder Kim Dotcom and several of the sites’ main employees and officers.

Currently, when users attempt to access any of the “Mega” sites, they are confronted with an FBI Piracy Warning, which explains that the domain has been seized, states that the “individuals and entities” associated with the crimes have been indicted, and lists the charges.  (more…)

Posted On Feb - 5 - 2012 1 Comment READ FULL POST

District Court Holds that Defendant Cannot Refuse to Decrypt Hard Drive under Fifth Amendment
By Brittany Horth – Edited by Abby Lauer

U.S. v. Fricosu, No. 10-CR-00509 (D. Colo. Jan. 23, 2012)
Slip Opinion hosted by Internet Cases

Judge Robert E. Blackburn of the United States District Court for the District of Colorado granted the government’s motion to compel Ramona Camelia Fricosu to provide an unencrypted copy of her hard drive for evidentiary purposes. The court considered whether the act of producing the unencrypted hard drive was privileged and not whether the contents of the hard drive were privileged.

Judge Blackburn held that the Fifth Amendment is not implicated by requiring Fricosu to provide the government with the unencrypted contents of her laptop pursuant to a valid search warrant.  He reasoned that Fricosu was not being compelled to self-incriminate because the government had already met its burden of proof by demonstrating that it knew of the location and existence of the relevant computer files and it knew that Fricosu was the sole or primary user of the laptop.  Additionally, the government offered immunity to Fricosu, under which it could not use her production of the unencrypted contents against her. The production of the unencrypted hard drive could thus not be incriminating in and of itself.

Time Techland provides a brief overview of the case. Internet Cases features a concise analysis of Judge Blackburn’s reasoning. The Electronic Frontier Foundation, who filed an amicus brief in the case, criticizes the court for “dodg[ing] the question of whether requiring Fricosu to type a passphrase into the laptop would violate the Fifth Amendment” and failing to recognize the potential testimonial value of the encrypted data. CNet News summarizes the long-debated issue of whether a defendant can legally be compelled to decrypt his or her computer files as well as the likelihood that the debate will continue.  (more…)

Posted On Feb - 2 - 2012 Comments Off READ FULL POST

By Susanna Lichter

Google Privacy Revisions Stir Debate
Google announced a new privacy policy last Monday, raising the concerns of privacy advocates, the Washington Post reports. The policy will allow the web giant to collect information across Google services including search, Gmail and YouTube. Google alleges that the changes will “provide, maintain, protect and improve” Google’s functionality as well as generate “more relevant search results and ads” for users. So far the policy has received mixed reviews. Digital rights organizations like Common Sense Media criticized the policy, calling it “frustrating and a little frightening,” and suggesting the inability to opt out of the policy may violate the company’s agreement with the FTC. However, the Telegraph reports that Viviane Reding, the European Commissioner for Justice, who advocates for laws on Internet privacy and data protection, made a statement praising the policy and commending Google’s forward thinking.

Facebook Prepares for IPO Filing
The WSJ reports that Facebook might file for an initial public offering as early as this week in what could be one of the biggest debuts for a U.S. company ever. The 7 year old website, which boasts 800 million members and was famously founded in a Harvard College dorm room, could raise as much as $10 billion and be valued upwards of $100 billion. According to the WSJ, Facebook Chief Executive Mark Zuckerburg had been reluctant to go public, fearing it would pose a distraction to the staff. Likely another factor that has kept the young company from going public is the public disclosure requirements. However, as the company fast approaches 500 shareholders, at which point the company would have to publicly report financial information anyway, public disclosure seems inevitable. Morgan Stanley is expected to underwrite the deal, beating out Goldman Sachs who appeared to have the edge on the underwrite a year ago. Morgan Stanley is the leader in Internet stock underwrites with clients including Groupon and LinkedIn Corp.

Feds Arrest Megaupload Execs, Anonymous Retaliates
Seven executives connected to the popular file sharing website Megaupload were arrested last week and the website was shuttered, Wired.com reports. The individuals were indicted on charges including criminal copyright infringement, conspiracy to commit money laundering and racketeering. The government says that the company facilitated in excess of $500 million in harm to copyright holders. Hacker collective “Anonymous” claimed responsibility for retaliatory attacks on the websites of the Justice Department, Recording Industry Association of America, and Universal Music that occurred shortly after Megaupload was taken down. Megaupload’s controversial founder, Kim Schmitz, aka Kim Dotcom, was among the arrests. The site’s chief executive, Swizz Beatz, was not implicated.

Posted On Feb - 1 - 2012 Comments Off READ FULL POST

Written by Susanna Lichter
Edited by Laura Fishwick
Editorial Policy

“CyberPatrol, ” “SniperSpy,” and “IamBigbrother” are the names of keyloggers that might be installed on your office computer. These easy to use and inexpensive hardware or software devices record keystrokes and allow a monitor to access email, and other password-protected accounts of an unsuspecting typist. Employers are using keyloggers more often in the workplace to oversee employees without their knowledge. Managers argue that computer surveillance is important to ensure productivity, but alternative tools like website blockers, remote desktop access and time audits allow employers to determine whether an employee deviated from her task without risking the same breach of trust or employee humiliation associated with keyloggers.

Although keyloggers facilitate a major invasion of privacy, they are legal in many jurisdictions. There is currently no federal law that has been interpreted to prohibit their surreptitious use. The Electronic Communications Privacy Act (ECPA), which includes the Federal Wiretap Act (FWA) and the Stored Communication Act (SCA), could potentially prevent keystroke theft, but thus far the protections it offers have not been extended to keyloggers. However, there is evidence that this may soon change. Several recent cases have suggested a broader interpretation of the ECPA than what has previously been held. Additionally, in the absence of a consensus about federal law prohibiting keyloggers, some courts have interpreted state statutes to protect the public from having their strokes stolen. The conflict of interpretations between jurisdictions leaves people in many states vulnerable to invasive employer spying. It also creates a lack of clarity for employers and employees regarding what is considered lawful conduct. The surreptitious use of keyloggers should be subjected to wider regulation by state or federal law. In a few cases courts have diverged from precedent and adopted this position.  (more…)

Posted On Jan - 30 - 2012 Comments Off READ FULL POST
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