​DOJ Tightens Requirements for Obtaining SCA Non-Disclosure Orders Posted on November 06, 2017 On October 19, 2017, Deputy Attorney General Rod Rosenstein issued a memorandum to United States attorneys and agents that directed their use of protective orders (also called non-disclosure orders) pursuant to 18 U.S.C. § 2705(b) of the Stored Communications Act (“SCA”). The SCA allows the government to issue subpoenas, search warrants, and court orders to retrieve information from companies that...
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McHenry Introduces PROTECT Act of 2017 to Require Credit Bureaus to Broaden Cybersecurity Supervision and Phase Out SSN Use Posted on November 02, 2017 PROTECT Act of 2017, H.R. 4028, 115th Cong. (2017). On October 12, 2017, Representative Patrick McHenry (R-NC) introduced H.R. 4028, the Promoting Responsible Oversight of Transactions and Examinations of Credit Technology Act of 2017 (“PROTECT Act”). The proposed legislation would amend the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. § 3301) by providing a “national framework” for...
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Senate Announces Bipartisan Bill to Regulate Online Political Ads Posted on November 01, 2017 Honest Ads Act, S. 1989, 115th Cong. (2017). On October 19, 2017, Senators Mark Warner (D-VA), Amy Klobuchar (D-MN), and John McCain (R-AZ) announced S. 1989 (“Honest Ads Act”) to regulate political advertisements on the internet. A direct response to disclosures of Russian meddling in the 2016 election, the bill would subject online advertising to the transparency rules that govern...
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Williams v. Gaye: “Blurred Lines” Appeal Hearing Centers on Admissibility of Evidence About Original Sound Recording Posted on October 31, 2017 Recording of Oral Arguments, Williams v. Gaye, No. 15-56880 (9th Cir. 2017), On October 6th, 2017, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in the appeal of the controversial “Blurred Lines” case. In the 2015 trial court proceedings, the jury rendered a verdict finding Pharrell Williams and Robin Thicke liable for copyright infringement, based on...
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Allergan, Inc. v. Teva Pharms.: Federal Court Invalidates Allergan Patents as Obvious Posted on October 30, 2017 Allergan, Inc. v. Teva Pharms. USA, Inc., No. 2:15-cv-1455-WCB (Fed. Cir. Oct. 16, 2017) hosted by ipwatchdog.com. Last week, the United States Federal District Court for the Eastern District of Texas invalidated four key patents held by Allergan for its best-selling dry-eye medication Restasis in Allergan, Inc. v. Teva Pharms. USA, Inc., No. 2:15-cv-1455-WCB (Fed. Cir. Oct. 16, 2017) hosted...
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EU-U.S. Privacy Shield Passes its First Annual Review Posted on October 29, 2017 Report from the Commission to the European Parliament and the Council on the First Annual Review of the Functioning of the EU-U.S. Privacy Shield, COM (2017) 611 final (Oct. 18, 2017), hosted by the European Commission. On October 18, 2017, the European Commission published its first annual report on the EU-U.S. Privacy Shield, a framework governing the exchange of personal...
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House Introduces Bill to Reauthorize and Reform FISA Section 702 Posted on October 23, 2017 USA Liberty Act of 2017, H.R. 3989, 115th Cong. (2017). On October 6, 2017, Representative Bob Goodlatte (R-VA) and other members of the House Judiciary Committee introduced H. R. 3989 (“the USA Liberty Act of 2017”) to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) Amendments Act for six more years. The bill also makes substantive adjustments to...
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MEC Resources v. Apple: Delaware District Court Vacates Patent Infringement Case due to Court Congestion Posted on October 22, 2017 MEC Resources, LLC v. Apple, Inc., No. 17-223 (D. Del. Sep. 15, 2017), court memorandum hosted by Google Scholar.    Since the Supreme Court’s ruling in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1219 (2017) in May of this year, patent infringement case filings in the District of Delaware have nearly doubled. Plaintiffs attempt to...
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DHS Expands Immigration Files to Collect and Store Social Media Information Posted on October 13, 2017 Notice of Modified Privacy Act System of Records, 82 Fed. Reg. 43,556 (Sep. 18, 2017)  On September 18, 2017, the Department of Homeland Security (“DHS”) published a notice in the Federal Register redefining the scope of records (so-called “A-Files”) the agency keeps on immigrants, aliens, and naturalized citizens to include social media information and other public-facing data. The notice officially...
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Flash Digest – News In Brief Posted on October 10, 2017 FAA Restricts Drone Flights near U.S. Landmarks On September 28, 2017, the Federal Aviation Administration (“FAA”) announced restrictions on drone flights around ten U.S. Landmarks in nine U.S. States, including such popular sites as the Statute of Liberty, Mount Rushmore, and the Boston National Historical Park. The FAA cited requests from national security and law enforcement agencies as the reason...
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