MEDIA, COMMUNICATIONS & NET NEUTRALITY

1. FCC Sued For Ignoring FOIA Request Investigating Fraudulent Net Neutrality Comments
2. Ajit Pai’s plan to lower broadband standards is “crazy,” FCC Democrat says: “This is crazy. Lowering standards doesn’t solve our broadband problems.”
3. Mission Accomplished: Ajit Pai’s FCC Declares Wireless Competition Issues Fixed: from the ignore-a-problem-and-it-goes-away,-right? dept
4. Ajit Pai should be fired, petition says before Senate re-confirmation vote: Senate Democrats plan “very loud” debate on vote to give Pai a new term.
5. To save net neutrality rules, senator tries to get Ajit Pai off FCC: Pai accused of ignoring “public interest” but will likely get new term on FCC.
6. FCC declares that USA’s wireless competition problem has been solved: Ajit Pai’s FCC says mobile market is competitive, in change from Obama years.
7. Joly’s Challenge: Digital Cancon Without New Digital Tax Dollars (Michael Geist)
8. How to build an effective digital Cancon strategy on the cheap (Michel Geist)
9. Not Just Netflix: Government Asks the CRTC To Conduct a Review of Changing Broadcast Models (Michael Geist)
10. Bell Calls for CRTC-Backed Website Blocking System and Complete Criminalization of Copyright in NAFTA (Michael Geist)
11. ‘Radical and overreaching’: Bell wants Canadians blocked from piracy websites – Company says a federal agency like the CRTC should create a blacklist of sites
12. European Commission Backed Study Confirms Canada Among the Most Expensive for Broadband Internet Access (Michael Geist)
13. Mysterious Apocalyptic Message Interrupts TV Broadcasts in California: ‘Violent Times Will Come’
14. Report: T-Mobile, Sprint finally figuring out this merger thing – T-Mobile owner would take majority stake; US would be left with 3 big carriers.
15. Prepare For An Epic BS Sales Pitch For The Competition-Killing Sprint, T-Mobile Merger
16. Verizon backtracks—but only slightly—in plan to kick customers off network: Rural users with no other options can switch plans but can’t get unlimited data.
17. Cox starts charging data cap overage fees in California: A new group of Cox customers gets a 1TB data cap and $10 overage fees.
18. The Soaring Cost Of Sports Programming Is Simply Not Sustainable
19. Global BC (CHAN-DT) re Global News Hour at 6 & Global News at 11 – Abbotsford school stabbing
20. CTV Vancouver (CIVT-DT) re CTV News at 6 – Abbotsford school stabbing CBSC Decision 16/17-0554 2017 CBSC 9 September 26, 2017     

DIGITAL

1. Russian operatives used Facebook ads to exploit divisions over Black Lives Matter and Muslims
2. Facebook’s Frankenstein Moment
3. Facebook Can Absolutely Control Its Algorithm
4. Facebook revamps political-ad rules after discovering Russian ad buys: Shadowy Russian group spent $100,000 on political ads during the 2016 election.
5. Mark Zuckerberg Is Still Pissed That We Know About His Army of Handlers
6. Shareholders force Zuckerberg to give up plan for non-voting shares: The plan would have further cemented Zuck’s total control over Facebook.
7. Facebook will target ads to people based on store visits, offline purchases, calls to businesses: Facebook is using its online-to-offline ad measurement tools for offline-to-online ad targeting.
8. Facebook’s Ad Scandal Isn’t a ‘Fail,’ It’s a Feature (Zeynep Tufekci)
9. Could public pressure cause Facebook to regulate itself?
10. Facebook’s Crackdown Ahead Of German Election Shows It’s Learning
11. How Germany’s far right took over Twitter – and tilted the election: A sophisticated and tightly organised troll army has spent the last three months championing a ‘patriotic revolution’. Boosting the AfD’s power is just the start
12. Iceland authorities weighing options after neo-Nazi site registers there: The racist site has been at a .is domain for more than a week.
13. Reddit’s campaign against hate speech worked: Even when users stuck around, they started watching their words more carefully.
14. Jared Kushner conducted White House business with personal e-mail: Kushner lawyer says it was “fewer than a hundred e-mails.”
15. Members Of Trump’s Admin Team Using Private Email Accounts Because Of Course They Are
16. How One Syrian Fought To The Death For A Free Internet
17. Judge spanks Mugshots.com hard for charging for photo removal: Lawsuit claims one arrestee was told it would cost $15k to have profile removed.
18. EU Buried Its Own $400,000 Study Showing Unauthorized Downloads Have Almost No Effect On Sales
19. EU study finds piracy doesn’t hurt game sales, may actually help: Results suggest a positive effect, but there’s a huge margin of error.
20. German Court: Thumbnail Images In Search Engines Not A Copyright Violation
21. German Federal Court of Justice rules that GS Media presumption of knowledge does not apply to Google Images
22. Twitter testing shift from 140 to 280 characters: Twitter thinks 140 characters might be too constraining for English writers.
23. Framing It Another Way: Tweets, Copyright and the De Minimis Doctrine
24. Google Pulls YouTube From Amazon Echo: All About Control Or Just More Corporation On Corporation Violence?
25. Ninth Circuit Blesses Amazon’s Terms of Service
26. British News Channel Touts Amazon Bomb Materials Moral Panic That Ends Up Being About Hobbyists And School Labs
27. Eros Beats Investor Suit Over Statements About Streaming Platform: The company touted 30 million users for Eros Now. The judge rules it was never said they were “meaningful” users.
28. In my opinion, this is an opinion
29. Fordham University Named in Class Action Lawsuit by Blind Individuals, Alleging Fordham.edu Website is Inaccessible
30. Contact Lens Seller Agrees To $7 Million Settlement Over Search Ads
31. U.S. Floats Nafta Proposal That Could Erode Copyright-Liability Protection: Language in the trade talks could weaken internet companies’ liability protections for pirated content
32. NAFTA 2.0 and Intellectual Property Rights: Insights on Developing Canada’s Knowledge Economy
33. FTC serves health-app maker massive slice of humble pie—and $1.5M bill: The app was meant to motivate users to go to the gym, eat veggies. It went very wrong.
34. FTC clarifies influencer guidelines: Federal Trade Commission warns that platforms’ built-in disclosure methods aren’t sufficient, reviews of products given for free must be marked as ads
35. The FTC, Like, Revises Its Social Media Endorsement Guides, Bruh!
36. Disney’s New, Influencer-Led Mickey Mouse Club Releases Music Video For First Original Song
37. Another Student Athlete Facing Scrutiny From NCAA For Budding YouTube Presence
38. Emojis Head to a Courthouse Near You
39. Victory for YouTubers as New York District Court rules “reaction video” is fair use
40. Fair use is never simple 
41. Vimeo To Acquire Livestream, Launches ‘Vimeo Live’ Pro Broadcasting Product
42. Verizon Reveals The Secrets Of Yahoo Search
43. Facebook, NFL Back In Business Again With Programming Partnership
44. Canon Virtual Camera System Enables Fans To Watch From Any 3D Angle
45. Block The Pirate Bay Within 10 Days, Dutch Court Tells ISPs
46. Company CEO Pleads Guilty After Forging Judge’s Signatures On Bogus Court Orders Sent To Google
47. More Thoughts On The Senate’s SESTA Hearing
48. My Senate Testimony on SESTA + SESTA Hearing Linkwrap (Eric Goldman)
49. Google Will Survive SESTA. Your Startup Might Not.
50. SESTA Is Being Pushed As The Answer To A Sex Trafficking ‘Epidemic’ That Simply Doesn’t Exist 
51. New Essay: The Ten Most Important Section 230 Rulings (Eric Goldman)
52. Rohingya Ethnic Cleansing (Once Again) Demonstrates Why Demanding Platforms Censor Bad Speech Creates Problems
53. London regulator announces Uber ban: Uber has 21 days to appeal the ruling, which could affect 40,000 drivers.
54. Uber CEO apologizes for “mistakes” in London: Uber has vowed to appeal a decision banning the company from London.
55. Uber really doesn’t want its drivers to be considered employees: O’Connor v. Uber one of 11 cases heard together at 9th Circuit.
56. Waymo to judge: We want Uber to pay “only” $1.86 billion: Waymo says big numbers are based on Uber’s own calculations.
57. ISIS Launches The Spelling Teacher, A New App For Kids
58. Dispute Between Roberto Escobar And Netflix Over ‘Narcos’ Gets Weird: Licensing Talks And A Dead Location Scout
59. What Netflix’s Congenial Trademark ‘Threat Letter’ Says About Everyone’s Tolerance For Trademark Bullying
60. Why Big Tech Is Clashing With Internet Freedom Advocates
61. Mattress Startup Casper Sued a Mattress Review Site, Then Paid for Its Acquisition
62. Machine-learning cloud platforms get to work: Analytic platforms as a service (PaaS) could shorten machine-learning learning curve.
63. Self-Driving Cars Will Kill People. Who Decides Who Dies?
64. When Websites Design Themselves 
65. Bill Gates Says We Shouldn’t Panic About Artificial Intelligence
66. Robots have already taken over our work, but they’re made of flesh and bone: Many jobs in the modern economy have been sapped of their humanity. How should we resist the rise of ‘digital Taylorism’? (Brett Frischmann &Evan Selinger)
67. BCSC Grants Bitcoin Investment Fund Manager Registration 
68. If Bill Gates really thinks ctrl-alt-del was a mistake, he should have fixed it himself: You can’t pin the blame for this one on IBM.
69. 4K titles on iTunes can only be streamed, not downloaded: You also can’t stream 4K videos from YouTube either.
70. YouTube Revamps Analytics Reports To Help Creators Better Understand Subscription Traffic
71. YouTube’s Technology Can Now Spit Out Thousands of Different Video Ads at Once: And target them based on apps that consumers have downloaded
72. New French Law Orders Video Services Like YouTube, Netflix To Pay 2% Tax On Local Revenues
73. Instagram now has 800 million monthly and 500 million daily active users
74. Twitter explains why Trump can use site as venue for violence, hate: Announcement comes as social media is under pressure to remove hate-based accounts.
75. Twitter sold enough ads to support all the live video shows it was pitching: Twitter is moving forward with 16 live video shows and features it said it wanted to stream.
76. Vice Ramps Up Original French Content With Three New Shows
77. Report recommends new legal approaches to online defamation
78. Ivanka Trump: Computer science education a new “priority” – “We do have a major diversity problem in the tech industry,” president’s daughter adds.

CREATIVITY

1. University Defeats Cyberbullying Lawsuit Related to Yik Yak–Feminist Majority v. UMW (Eric Goldman)
2. What the Constitution says Berkeley can do when controversial speakers come knocking: The rules governing the right-wing “Free Speech Week” showdown.
3. Italian Supreme Court confirms availability of copyright protection to TV formats
4. The Grinch loses and protection of parody wins 
5. Osaka Court’s Ruling Helps Destroy Tattoos In Japan 
6. Turkish President Claims Jailed Journalists Are Actually Terrorists: From the wobbles-so-much-you-can’t-even-call-it-‘spin’ dept
7. Kim Jong-Un Calling Trump A ‘Dotard’ Gave The Internet A Language Lesson 
8. Furie-ous creator of Pepe the Frog determined to use copyright to get his green creation back
9. Is the alt-right’s use of Pepe the Frog “fair use?”: Is Pepe like Luke Skywalker—or just super-chill frog anyone can use?
10. Penguin Random House LLC v. Frederick Colting d/b/a Moppet Books: District court finds that child-focused literary guides infringed copyrights in four famous novels and that literary guides did not qualify as fair use, granting summary judgment in favor of owners and exclusive licensees of copyrights in novels.
11. Saudi minister fired after textbook shows Yoda at UN signing ceremony: Begun, the textbook scandal has.
12. How The RIAA Helped Pave The Way For Spain To Undermine Democracy
13. Appeals Court Limits Ability of Patent Trolls to File Suit in Far-Flung Districts
14. Appeals Court Tells Patent Trolls’ Favorite Judge He Can’t Just Ignore The Supreme Court To Keep Patent Cases In Texas
15. Instagram rolls out comment-control, puts onus on user to filter trolls
16. “Comic-Con” trademark may have to activate superpowers to survive attack – Epic intellectual property battle: San Diego Comic-Con versus Salt Lake Comic Con.
17. Challenge on offensive trademarks could bring clarity
18. Velcro’s Hilarious Trademark Lesson Video Actually A Good Lesson In Just How Stupid Trademark Law Has Become
19. Velcro’s anti-genericide song is big, bold and brash – but critics question whether it will actually be effective
20. Scientific Publishers Want Upload Filter To Stop Academics Sharing Their Own Papers Without Permission
21. Burger King is Trying to Ban It In Russia For the Most Insane Reason
22. The very dirty history of on-demand video technology: In the early 1970s, hotels experimented with new video delivery systems for X-rated movies.
23. Netflix Pulls Cartoon Episode After Mom Spots Stealthy NSFW Drawing
24. Netflix Sends Cease-and-Desist to “Stranger Things”-Themed Bar
25. A Brief History of Hiding Dicks in Cartoons
26. Police: Armed Robber Dressed As Coke Bottle – Costumed perp held up eatery manager at Kentucky Rally’s
27. Project Jengo Strikes Its First Targets (and Looks for More)
28. Copyright’s Framing Problem (Margot Kaminski & Guy Rub)
29. Is the First Amendment Obsolete? (Tim Wu)
30. Response to Tim Wu’s piece on First Amendment obsolescence (Rebecca Tushnet)

SURVEILLANCE & PRIVACY

1. Bill C-58’s Order-Making Powers: A Huge Disappointment (Teresa Scassa)
2. Justice Department goes nuclear on Google in search warrant fight: Google’s conduct is a “willful and contemptuous disregard of various court orders.”
3. Report Details The NSA’s Decade-Long Abuse Of Its Surveillance Powers
4. US Homeland Security Will Start Collecting Social Media Info on All Immigrants October 18th
5. DHS To Officially Require Immigrants’ Files To Contain Social Media Info
6. WhatsApp Reportedly Rejected UK Government Demand For Encryption Backdoor
7. UK Man Gets 12-Month Sentence For Refusing To Turn Over Passwords To Police
8. Another court tells police: Want to use a stingray? Get a warrant – DC Court of Appeals: Even if you know the police can track you doesn’t mean they should.
9. Judge overturns local law that effectively banned drones over small town: Newton, Mass. wanted drone pilots to get permission to fly at or below 400 feet.
10. Deloitte Hit By Cyberattack That Compromised Client Information & Decided To Basically Tell Nobody At All
11. Deloitte hit by cyber-attack revealing clients’ secret emails: Hackers may have accessed usernames, passwords and personal details of top accountancy firm’s blue-chip clients
12. Password-theft 0day imperils users of High Sierra and earlier macOS versions: Rogue apps can exfiltrate all plaintext passwords, no master password required.
13. CCleaner Hack May Have Been A State-Sponsored Attack On 18 Major Tech Companies
14. CCleaner malware outbreak is much worse than it first appeared: Microsoft, Cisco, and VMWare among those targeted with additional mystery payload.
15. CCleaner backdoor infecting millions delivered mystery payload to 40 PCs: Samsung, Asus, Fujitsu, Sony, and Intel among those infected.
16. How Malware Keeps Sneaking Past Google Play’s Defenses
17. SEC Chairman reveals financial reporting system was hacked: EDGAR system data may have been used for “illicit gain through trading.”
18. Man held website hostage for $10,000, failed, redirected it to porn, got busted: After plea deal, DOJ says: “this appears to be a one-time lapse in judgment.”
19. All The Ways Equifax Epically Bungled Its Breach Response
20. After huge Equifax breach, CEO “retires”: Board is “deeply concerned about and totally focused on the cybersecurity incident.”
21. New York Governor Cuomo Directs NYDFS to Make Credit Reporting Agencies Comply with the State’s Cybersecurity Regulation
22. NSA-Developed Crypto Technology No Longer Trusted For Use In Global Standards
23. More Government Agencies Filing Lawsuits Against Public Records Requesters
24. Released Snowden Doc Shows NSA Thwarting Electronic Dead Drops By Using Email Metadata
25. Internet Explorer bug leaks whatever you type in the address bar: All your private addresses and search queries are belong to us.
26. In a first, Android apps abuse serious “Dirty Cow” bug to backdoor phones: The critical Linux vulnerability is exploited on Android 1 year after coming to light.
27. In spectacular fail, Adobe security team posts private PGP key on blog: Since deleted, post gave public and private key for Adobe incident response team.
28. Do Tech Companies Really Need All That User Data?
29. Cross-Border Data Access Primer
30. Don’t Rely On An Unlock Pattern To Secure Your Android Phone
31. How Much Do Your Dating Apps Know About You?
32. One Tinder user’s data request turned into 800 pages of probing info: Yet another reminder that when a service is free, you are the product.

Jon

MEDIA, COMMUNICATIONS & NET NEUTRALITY

1.  TV Ad Spend To Remain Flat Through 2021 As Cord-Cutting Surpasses Projections (Report)
2. More on Media Deregulation – Chairman Pai Speaks to NAB Radio Show and Promises to Propose the Repeal of a Rule Each Month 
3. Comcast Whines That The Net Neutrality Debate It Keeps Rekindling Is A Lot Like ‘Groundhog Day’
4. Comcast Continues To Insist Its Sneaky, Misleading Fees Are Just The Company’s Way Of Being ‘Transparent’
5. Comcast Sues Vermont, Insists Having To Expand Broadband Violates Its First Amendment Rights
6. Comcast raises sports and TV fees again, says it’s about “transparency”: Charges fees even in areas where Comcast owns local sports networks.
7. Comcast puts YouTube in its TV boxes to entice would-be cord-cutters: YouTube follows Netflix to a prime spot on Comcast’s X1 set-top boxes. 
8. Senators Blast The FCC For Weakening The Definition Of Broadband To Try And Hide The Industry’s Lack Of Real Competition
9. AT&T’s John Stankey hopes to avoid a disconnect in merger with Time Warner
10. This Sinclair-Tribune merger is a rotten deal for America: What’s to be done about “the most dangerous company most Americans haven’t heard of?”
11. New analysis suggests Fox News is working, shifting votes to R column: Research relies on Americans being too lazy to keep channel surfing.
12. Dirty, big secrets: Why won’t CNN and Fox account for their mistakes? 

DIGITAL

1. Why Has the Government Failed to Act on Copyright Notice-and-Notice When Internal Docs Raise Abuse and Fraud Concerns? (Michael Geist)
2. RT, Sputnik and Russia’s New Theory of War: How the Kremlin built one of the most powerful information weapons of the 21st century — and why it may be impossible to stop.
3. The Fake Americans Russia Created to Influence the Election
4. Russia’s Facebook Fake News Could Have Reached 70 Million Americans: Facebook acknowledged that Russian propagandists spent $100,000 on election ads. It neglected to mention how many millions of people those ads reached.
5. Russian-made Facebook page invited Americans to protest “upsurge of violence”: Effort to unmask the Kremlin’s propaganda campaign takes a dark turn.
6. I Bought a Russian Bot Army for Under $100
7. Facebook May Have More Russian Troll Farms To Worry About
8. Russia Piracy Blocking: Four Thousand ‘Pirate’ Sites Blocked… Along With Forty Thousand Sites Worth Of Collateral Damage
9. Kaspersky software banned from US government agencies: Kaspersky: We have “never helped, nor will help, any government with cyberespionage.”
10. Social influence and political mobilization: Further evidence from a randomized experiment in the 2012 U.S. presidential election (Jason J. Jones, Robert M. Bond, Eytan Bakshy, Dean Eckles & James H. Fowler)
11. How Facebook Changed the Spy Game: I fought foreign propaganda for the FBI. But the tools we had won’t work anymore.
12. Facebook Wins, Democracy Loses
13. Why it’s so hard to trust Facebook
14. Facebook will ban monetizing on violence and tragedy, even for news and awareness
15. Facebook Sets Guidelines To Dictate What Types Of Content It Won’t Monetize
16. The Terrifying Power of Internet Censors
17. Facebook’s Failed $608 Million Bid For Cricket Rights Sends Strong Signal
18. Facebook To Spend $1 Billion On Original Content For ‘Watch’ Through 2018 
19. Make Mark Zuckerberg Testify
20. Facebook Wins Appeal Over Allegedly Discriminatory Content Removal–Sikhs for Justice v. Facebook (Eric Goldman)
21. The Fake News Pipeline: How A Small-Time Clickbait Farmer Is Spreading the Gospel of Big Oil
22. America Is a Cyberpunk Dystopia
23. Adding a “disputed” label to fake news seems to work, a little. But for some groups, it actually backfires: Labeling only some fake news stories as fake can make some people more likely to believe other fake news that aren’t labeled.
24. China’s Social-Media Smoke Screen
25. 1st Amendment wins in self-proclaimed e-mail inventor’s Techdirt libel suit: The truth, whatever that may be, is the best defense to defamation.
26. Texas AG’s office accuses ‘reputation management company’ of procuring fraudulent libel takedown lawsuits
27. Texas Attorney General Issues Complaint Against Reputation Management Company For Bogus Lawsuits
28. Blacklock’s Loses Appeal of Justice Barnes’ Costs Order: Dismissed from the Bench
29. Patent Trolls’ Favorite Judge Comes Up With Test To Keep Patent Cases In East Texas, No Matter What SCOTUS Said
30. The Latest Scam To Protect Sketchy Patents From Patent Office Review: Sell To Native Americans
31. YouTube stream-ripping site for the masses dead in wake of RIAA suit: Youtube-mp3.org facilitated 40% of illegal stream-ripping from YouTube globally.
32. Digital Network Collab Launches New Rights Management Tool
33. Facebook Testing ‘Instant Videos’ Feature That Enables Offline Viewing
34. The no-sports streaming bundle is coming soon from Viacom, Discovery, and others: The entertainment-focused service could cost less than $20 per month.
35. Verizon customers can sue ad company over “zombie” cookies, judges rule: Judges say ad company can’t use Verizon’s arbitration clause to avoid lawsuit.
36. Uber is apparently facing a third federal criminal investigation: Uber allegedly created fake Lyft accounts to gather data on drivers and prices.
37. The first man at trial over a “gig economy” job got dismantled on cross-examination
38. Amazon’s 1-Click Patent Is About To Expire. What’s The Big Deal?
39. Canadian cities jump at chance to play host to massive Amazon HQ
40. Amazon’s New Headquarters Should Be in Hell
41. White Supremacist Threatens to Sue News Outlet Over Photoshopped Gun (That He Tweeted a Month Earlier)
42. PewDiePie Draws More Ire By Using N-Word During Live Stream
43. PewDiePie Uses Racial Slur In Livestream, Game Dev Says He’s “Worse Than A Closeted Racist”: The super-popular streamer has found himself in hot water, again.
44. PewDiePie Is Inexcusable but DMCA Takedowns Are Not the Way to Fight Him
45. PewDiePie racial slur sparks backlash from Campo Santo, Simogo: Prominent YouTube streamers brace for fallout from “liability” PewDiePie’s actions
46. Why was it so easy to weaponize copyright against PewDiePie?
47. Let’s Play Copyright Threat Raises Questions About The Law And How To Use It
48. Campo Santo legally able to file DMCA against PewDiePie over racial slur: But court costs to enforce could be “well over six figures” so dangerous defence for indies and smaller studios
49. Here’s what the law says about PewDiePie’s fight with Campo Santo: Game company wants to take down YouTube star’s livestreams after n-word incident.
50. As PewDiePie Offers Apology For Racial Slur, YouTube’s ‘Let’s Play’ Gamers Worry About Financial Fallout
51. Ted Cruz Liked a Porn Tweet and I Can’t Even Decide Which Joke to Say 
52. Cruz blames ‘staffing issue’ for porn video ‘liked’ on his Twitter account
53. No “Contract By Tweet” for Plaintiff Who Pitches Movie Idea via Social Media (Eric Goldman)
54. Congress Is About To Eviscerate Its Greatest Online Free Speech Achievement (Eric Goldman)
55. Why Has the Government Failed to Act on Copyright Notice-and-Notice When Internal Docs Raise Abuse and Fraud Concerns?
56. LinkedIn’s efforts to stop the bots
57. Bitcoin investors could lose all their money, FCA warns: UK financial watchdog spells out risk for those participating in initial coin offerings using cryptocurrencie
58. CSA Staff Narrow the Path for Cryptocurrency Offerings
59. A Debate about Google and Its Critics: Recent allegations stoke growing ‘antitrust sentiment’ about Google.
60. Can You Get Addicted to Trolling?: It’s becoming increasingly evident that, for some people, trolling isn’t just playing an a—-le on the internet.
61. News Use Across Social Media Platforms 2017 (Pew Research Center)
62. A tech critic on the sham populism of Silicon Valley: Ex-New Republic editor Franklin Foer on the expansive power of big tech.
63. There’s Blood In The Water In Silicon Valley: The bad new politics of big tech.
64. Conservatives, liberals unite against Silicon Valley: The fading of the tech industry’s bipartisan glow in Washington puts it at risk for tighter regulations.
65. Tech Is Public Enemy #1. So Now What?: If tech wants to reverse the crushing tide of negative public opinion, it must start creating public good commensurate with its extraction of private profit.
66. Teen Girls With Smartphones Flirt Most With Depression and Suicide: A spike in the teen suicide rate parallels almost exactly the rise of smartphone use, especially among teen girls, who are the most vulnerable to cyberbullying and alienation.
67. Searching For Help: She turned to Google for help getting sober. Then she had to escape a nightmare.
68. Terms Of Service Aren’t Just Annoying—They’re A Failure
69. Phones Are Changing How People Shoot And Watch Video
70. Attacked by Rotten Tomatoes
71. Hollywood’s Movies Suck, and It Doesn’t Want You to Know
72. Lawyer who sued Gawker and Techdirt has a new target: Jezebel – “Whatever he says, goes,” former Superstar Machine member “Poppy” told Jezebel.
73. AG Szpunar advises CJEU on cloud-based recording and private copying exception
74. iPhone X: Software leak appears to confirm name, features, and specs – Meanwhile, iPhone 8 is an updated iPhone 7 with a glass back, and wireless charging.
75. The Biggest IPhone Leak Yet Won’t Bruise Apple
76. How Apple Finally Made Siri Sound More Human
77. Apple, Facebook And Disney To Shake Up Video Streaming With Original Content
78. Apple strikes deal with Warner Music, looks to pay labels lower rates: More paid subscribers means less money directly out of Apple’s pocket.
79. Should Spotify Try to Become the ‘Netflix Of Music’? Not So Fast
80. Disney To Move Marvel, ‘Star Wars’ Films From Netflix To Its Own Streaming Service
81. Disney is pulling Star Wars and Marvel films from Netflix: In 2019, you’ll have to subscribe to Disney’s service to stream these movies.
82. H3h3productions Raises Over $100,000 With Twitch Live Stream To Support Hurricane Harvey Relief
83. Artificial Intelligence’s Fair Use Crisis (Benjamin L. W. Sobel)
84. For Superpowers, Artificial Intelligence Fuels New Global Arms Race
85. Putin says the nation that leads in AI ‘will be the ruler of the world’: The Russian president warned that artificial intelligence offers ‘colossal opportunities’ as well as dangers
86. Elon Musk: Competition for AI Superiority at National Level Will Be the “Most Likely Cause of WW3”
87. Following Elon Musk Letter, UK Government Plans to Ban Fully Autonomous Weapons
88. Elon Musk auto-magically extended the battery life of Teslas in Florida to help drivers evacuate
89. MIT, IBM team up on $240 million effort to rule the AI world: The open-ended research will explore consumer tech, health, and security applications
90. Apple’s ‘Neural Engine’ Infuses The Iphone With AI Smarts
91. Brain-Machine Interface Isn’t Sci-Fi Anymore
92. How Seoul Is Reinventing Itself As A Techno-Utopia
93. Every NFL Football Will Have A Data Tracking Chip This Season
94. Are Your Jokes Always Bombing? This App Crowdsources Them
95. It Took A Natural Disaster For Me To Understand Snap Map
96. The Music Industry Bands Together To Finally Get Paid Online
97. Inside Juicero’s Demise, From Prized Startup to Fire Sale: The shuttering of the much-ridiculed Silicon Valley startup was the culmination of unsustainable costs, slow sales and unflattering media reports.
98. Before trying robot judges, let’s learn from robot referees: Automated rulings in sports can help inform the development of criminal justice tech.
99. How Indian Smartphone Makers Lost the War Against Chinese Companies
100. In Irma prep, GasBuddy downloads increased 10x, nuclear reactors stayed online
101. Tesla remotely extends the range of some cars to help with Irma: An over-the-air software update temporarily unlocks spare battery capacity.
102. Hurricane Irma took 7 million cable and wireline subscribers offline: Comcast, AT&T, other ISPs try to get customers online as power outages persist.
103. How Silicon Valley is erasing your individuality
104. Whose record is it anyway? Musical ‘crate digging’ across Africa
105. Are nonprofit news sites just creating more content for elites who already read a lot of news?
106. Internet Archaeology
107. The History Of The Music Industry’s First-Ever Digital Single, 20 Years After Its Release 

CREATIVITY 

1.  Judge throws out 57-year-old copyright on “We Shall Overcome”: Pete Seeger asked for his name to be removed from the copyright in 1994.
2. Monkey selfie case settles out of court 
3. Lawsuit settled over rights to monkey’s selfie photo
4. PETA drops lawsuit arguing animals have right to own property: Naruto can beat his chest: Monkey’s habitat wins 25% stake in the selfies.
5. Monkey Selfie Case Reaches Settlement — But The Parties Want To Delete Ruling Saying Monkeys Can’t Hold Copyright
6. 9th Circuit’s VidAngel decision vindicates lawful video filtering service
7. Federal Court Says Utah Theater Can Serve Up Beer And R-Rated Movies Simultaneously
8. Another Craft Beer Brand Gets Bullied To Death Over Shaky Trademark Claims
9. Why Is This Peppa Pig Cartoon Banned In Australia?
10. Can a tattoo on human flesh be copyrighted? We’ll soon find out: Is the human body a protectable medium of expression for purposes of copyright?
11. Is Moviegoing Dead? Lessons Learned From The Worst Summer At The B.O. In Over A Decade
12. America’s local newspapers might be broke – but they’re more vital than ever: Local journalism is doing great work across the country while fighting cutbacks and tight budgets.
13. Intellectual Property and Architecture
14. Boats Are Art; Is Fashion?
15. Who Cares Whether Cake-Baking Is “Expressive”? The Doctrinal Costs of Focusing on Private Burdens Rather Than Governmental Purpose
16. UGC Uncertainty Consternation Continues 
17. Pop Stars or Porn Stars? ‘Blurred Lines’ Book Examines Music’s Role In Sexual Assault on Campus
18. Dr. Phil Misuses Copyright In A False Imprisonment Claim
19. Police Chief Says He’ll Decide Who Is Or Isn’t A Real Journalist
20. Effectively Regulating E-Cigarettes and Their Advertising—and the First Amendment (Eric Lindblom)
21. How Don Hewitt Invented 60 Minutes And Changed Journalism Forever
22. Why the Fall TV Season is Like Your Junk Drawer
23. Nicolas Cage Believes His Scrapped Superman Movie Is Better Than Man of Steel, Because It Exists Only in Our Minds
24. Imagination is ancient: Our imaginative life today has access to the pre-linguistic, ancestral mind: rich in imagery, emotions and associations

SURVEILLANCE & PRIVACY

1. Judge won’t release man jailed 2 years for refusing to decrypt drives: Kid-porn suspect to remain jailed pending 5th Amendment appeal to Supreme Court.
2. Remember the artist whose iPhone was searched at border? He’s suing the feds: “The border doctrine does not say that the Constitution doesn’t exist at the border.”
3. MA SJC Ruling on Bail Instructive Re: Algorithms and Criminal Justice
4. NSA Broke The Encryption On File-Sharing Apps KAZAA And EDONKEY
5. What you should know about privacy and Apple’s FaceID on iOS 11: Your rights may differ if phone is locked via biometrics compared to a passcode.
6. New AI can guess whether you’re gay or straight from a photograph: An algorithm deduced the sexuality of people on a dating site with up to 91% accuracy, raising tricky ethical questions
7. So, Equifax says your data was hacked—now what?: 143 million now face identity theft threat, so here’s what to do if you’re one of them.
8. Why the Equifax breach is very possibly the worst leak of personal info ever: Consumers’ most sensitive data is now in the open and will remain so for years to come.
9. Equifax Breach Response Turns Dumpster Fire
10. Equifax Security Breach Is A Complete Disaster… And Will Almost Certainly Get Worse
11. Why Some Are Recommending ‘Credit Freezes’ in the Wake of the Gigantic Equifax Data Breach
12. Are you an Equifax breach victim? You could give up right to sue to find out: Visiting Equifax site to see if you’re a victim can require you to waive lawsuit rights.
13. Failure to patch two-month-old bug led to massive Equifax breach: Critical Apache Struts bug was fixed in March. In May, it bit ~143 million US consumers.
14. Don’t waste your breath complaining to Equifax about data breach (Bruce Schneier)
15. Apple’s IOS 11 Will Make It Even Harder For Cops To Extract Your Data
16. It’s about to get tougher for cops, border agents to get at your iPhone’s data
17. The DNC’s Technology Chief Is Phishing His Staff. Good.
18. Mandatory Data Breach Reporting One Step Closer with Publication of Proposed Regulations

Jon

MEDIA, COMMUNICATIONS & NET NEUTRALITY

1.  AT&T’s slow 1.5Mbps Internet in poor neighborhoods sparks complaint to FCC: AT&T refusal to boost Internet speed violates discrimination ban, complaint says.
2. EFF, Others Think It Would Be Cool If The FCC Stopped Hiding 47,000 Net Neutrality Complaints
3. Why Net Neutrality Matters Even In The Age Of Oligopoly
4. Net neutrality comment deadline is tomorrow; 21.9 million comments in so far
5. Even Many ISP-Backed Allies Think Ajit Pai’s Attack On Net Neutrality Is Too Extreme
6. A Title II opponent explains why Ajit Pai’s plan won’t protect net neutrality: Pai says antitrust will protect net neutrality—here’s why it probably won’t.
7. 98.5% of unique net neutrality comments oppose Ajit Pai’s anti-Title II plan: Besides form letters, ISP-funded study finds almost no support for repealing rules.
8. AT&T absurdly claims that most “legitimate” net neutrality comments favor repeal: AT&T ignores finding that 98.5% of unique comments favor net neutrality rules.
9. Junk call nightmare flooded woman with hundreds of bizarre phone calls a day: Kim France gets a lot of calls – but nothing prepared her for receiving 700 a day.
10.  ‘It was premeditated’: ‘FOX LIES’ guy speaks!
11. Fox News lies about Bolling: ‘None of these women’ have come forward — except one of them has
12. NPR Gives Up On News Comments; After All, Who Cares What Your Customers Have To Say?
13. British Regulator Submits New Report to Government on Fox-Sky Takeover
14. Paradigm Shift: Why Radio Must Adapt To The Rise Of Digital

DIGITAL

1. Appeals Court Upholds Injunction Against VidAngel’s Streaming Service: “Star Wars is still Star Wars, even without Princess Leia’s bikini scene,” states the opinion.
2. Selling alterable versions of Star Wars is still infringement, court says: “Star Wars is still Star Wars, even without Princess Leia’s bikini scene.”
3. Suit blaming iPhone for student’s death by texting driver is defeated by Apple: Judge agrees with Apple that it has no legal duty to combat distracted driving.
4. Horrible or non-existent Mayweather-McGregor fight streams prompt lawsuit: Showtime “knowingly failed to disclose that its system was defective,” suit says.
5. Mayweather V. McGregor: Showtime Got Injunctions On Pirate Stream Sites Which Didn’t Work & Neither Did Their Own Stream
6. Reaction video deemed fair use in YouTuber court battle: The pair behind the YouTube channel H3H3 Productions wins copyright lawsuit.
7. Why the H3H3 YouTube victory could mark a major turning point for the site: The husband-and-wife team triumphed in a copyright and defamation lawsuit, with huge implications for “fair use” on YouTube
8. ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein
9. YouTube Personality Upset About Criticism Of His Video Loses Infringement/Defamation Lawsuit
10. Suing critics using copyright doesn’t workHosseinzadeh v. Klein, No. 16-cv-03081 S.D.N.Y. Aug. 23, 2017 (Rebecca Tushnet)
11. Copyright Suit Requires Fair Use Analysis: A fair use analysis is required before a copyright suit against “appropriation artist” Richard Prince can be dismissed, a New York federal court judge decided this week, declining to grant a quick win.
12. Ingrid Goes West revels in everything wrong with Instagram celebrities: Aubrey Plaza is terrific as a social media addict in search of viral fame.
13. Insights: Who’s An Influencer When You Can Buy Fake Online Love?
14. Snapchat Looks To Win Over Influencers As Many Of Them Head To Instagram
15. YouTube’s Redesign Makes It Easier To Watch All The Videos
16. How Youtube Perfected The Feed: Google Brain gave YouTube new life
17. Amazon lures YouTube influencers
18. Google And Walmart’s Big Bet Against Amazon Might Just Pay Off
19. Amazon Prime members will get even deeper discounts at Whole Foods: Beef, salmon, avocados, and more will be cheaper for everyone starting next week.
20. The Real Price of Those Cheaper Avocados: In the Amazon era, Whole Foods is already getting cheaper. But there’s a potential price for those discounted groceries.
21. Cortana and Alexa are coming together in surprising Microsoft-Amazon partnership: You’ll be able to tell Cortana to talk to Alexa and vice versa.
22. German Court Says Ad-Blocking is Liberation, Not Extortion
23. After Previously Claiming the Economics Would Never Work, HBO Streaming Now A Major Windfall
24. Dark web finds bitcoin increasingly more of a problem than a help, tries other digital currencies
25. Magic Leap settles bitter legal battle with executives who started its Silicon Valley office
26. NFL Deal In China Means Big Things For Social Media Streaming
27. NFL Sets Kickoff of Twitter Live Show for 2017-18 Season
28. Homeowners Can’t Sue Over Low Zestimates–Patel v. Zillow (Eric Goldman)
29. Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church (Eric Goldman)
30. Backpage Executives Must Face Money Laundering Charges Despite Section 230–People v. Ferrer (Eric Goldman)
31. California Case Against Backpage Moves Forward Over Money Laundering Claims
32. The Ten Most Important Section 230 Rulings (Eric Goldman)
33. Violent Alt-Right Chats Could Be Key To Charlottesville Lawsuits
34. DreamHost takes a beating after hosting racist Daily Stormer: The neo-Nazi site has struggled to find a domain registrar.
35. The far right is losing its ability to speak freely online. Should the left defend it?: Free speech was the left’s rally cry. But the fate of the Daily Stormer, a hate site ‘kicked off the internet’, signals the increasing irrelevance of the first amendment
36. A Hunt for Ways to Combat Online Radicalization
37. Nazis, The Internet, Policing Content And Free Speech
38. Trump’s Latest Nonsensical Announcement About Censoring The Internet
39. Convicted felon Martin Shkreli finds novel way to be a jerk online: He has offered to sell a New York Post reporter’s domain name for $12,000.
40. James Damore Case Could Spawn More Legal Headaches For Google
41. Google-funded think tank fires prominent Google critic: Think tank boss allegedly accused scholar of “imperiling funding for others.”
42. Would You Doxx a Nazi?: The dangers of revealing the names and identities of white supremacists
43. Facebook has hired former NYT public editor Liz Spayd as a consultant in a ‘transparency’ effort: She has also worked at the Washington Post and Columbia Journalism Review as a top editor.
44. The Scale Of Moderating Facebook: It Turns Off 1 Million Accounts Every Single Day
45. Supreme Court of Canada challenges the idea of state sovereignty
46. Snapchat Is Adding Manual Controls for Advertisers Concerned About Brand Safety: Buyers can limit which content categories ads appear in
47. Uber board has a surprise new CEO pick: Expedia’s Dara Khosrowshahi: Board reportedly took a last-minute turn away from HP Enterprise CEO Meg Whitman.
48. Uber drivers have made more than $50M in the first month of tipping: Company tries to keep drivers happy while it awaits a new CEO.
49. Major Uber investor tells Benchmark: Drop your lawsuit against ex-CEO Kalanick – VC: Benchmark Capital “is trying to use the courts… to take over this company.”
50. Engineer whose blog post caused a storm at Uber has filed a Supreme Court brief: Fowler files a determined defense of employee-driven class-action lawsuits.
51. Uber to stop tracking customers after ride is over: Uber app was programmed to monitor riders for five minutes after trip was done.
52. Win for ex-Grubhub driver in pending trial may profoundly impact “gig economy”: “This trial is a milestone because similar cases have settled or been dismissed.”
53. Copyright Troll Insists Septuagenarian Is An Enormous Copyright Infringer, Then Runs Away After Backlash
54. Supreme Court Has Another Chance To Help Take Down The Patent Trolls
55. Kaspersky Lab turns the tables, forces “patent troll” to pay cash to end case: “Why don’t you pay us $10,000?”
56. Samsung’s boss is sentenced to prison: Unlike other jailed chaebol bosses, he may not be pardoned
57. Samsung heir convicted, sentenced to 5 years on corruption charges: Scandal was connected to a move to strengthen control of Samsung Electronics.
58. Apple will build new data center in Iowa, get $200M in tax breaks: Cheap energy, open land, and tax breaks are making Iowa a go-to for data centers.
59. More Than 180,000 iPhone Apps Won’t Be Compatible With iOS 11
60. Merlin Has Paid Out $1 Billion To Indie Labels: Merlin, the global digital music rights agency for 20,000 indie labels and distributors from 53 countries, has announced its billionth dollar in distributions, since launching in May of 2008. With all of its payments coming from music streaming, this milestone points to a promising future for independent music companies.
61. Dystopian What Happened To Monday?may hint at Netflix’s film priorities: One actor in many roles, a population-controlled future—so Hunger Games plus Orphan Black?
62. For Netflix, ‘The Defenders’ Is A Market Research Goldmine
63. Can ‘Star Trek: Discovery’ Help CBS Boldly Go Into a Streaming Future?
64. Why HBO was right to stand its ground against Game of Thrones hackers: As the network appears to emerge unscathed from a major cyber attack, experts say that hackers misjudged their leverage 
65. With the USS McCain collision, even Navy tech can’t overcome human shortcomings: One mistake can cascade into a disaster in heavy marine traffic, regardless of tech.
66. Feds: Son teaches dad how to sell drugs on AlphaBay, they both get busted – From his iPad, son allegedly searched “safest wallet to transfer tumble.”
67. New Mini-Antennae Could Pave the Way for Brain-Computer Interfaces
68. Who Owns the Internet?: What Big Tech’s monopoly powers mean for our culture.
69. The ‘Distracted Boyfriend’ Meme’s Photographer Explains All
70. All The Gear You Need To Record A Hit Song On Your iPhone
71. Turnaround artists: How companies can catch up to the digital revolution – Latecomers can succeed at digitization if they take these five steps.
72. What We Get Wrong About Technology
73. #BotSpot: Twelve Ways to Spot a Bot: Some tricks to identify fake Twitter accounts
74. The age of AI surveillance is here
75. Do We Need A Speedometer For Artificial Intelligence?
76. In the AI Age, “Being Smart” Will Mean Something Completely Different
77. Artificial Intelligence Policy: A Roadmap (Ryan Calo)
78. How Copyright Law Can Fix Artificial Intelligence’s Implicit Bias Problem (Amanda Levendowski)
79. The New Governors: The People, Rules, And Processes Governing Online Speech (Kate Klonick) 

CREATIVITY

1.  Palin v. NYT dismissed
2. Judge Tosses Sarah Palin’s Defamation Suit Against The New York Times, Says No Actual Malice
3. A chicken sandwich cannot be copyrighted, court rules: Man who put chicken inside a bun sought $10 million for theft of creative work.
4. Village Roadshow Promises To Mete Out Its Brand Of Justice As Inequitably As Possible
5. General Mills loses bid to trademark yellow color on Cheerios box: Cereal maker claimed consumers identified “yellow” with “the Cheerios brand.”
6. Cheerios’ Failed Case for Yellow Shows Why It’s So Hard for Brands to Trademark Colors: General Mills’ defeat illustrates one of branding’s trickiest tasks
7. Comparison to former licensor’s products isn’t trademark infringement: Alpha Pro Tech, Inc. v. VWR Int’l, LLC, No. 12-1615, 2017 WL 3671264 E.D. Pa. Aug. 23, 2017 (Rebecca Tushnet)
8. Is a ban on the words “climate change” in grants consistent with Tam? (Rebecca Tushnet)
9. 4th Cir. holds certification nonprofit’s self-promotion to retailers is commercial speech: Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, — F. Appx. – 4th Cir. Aug. 22, 2017 (Rebecca Tushnet)
10. State Courts Do Nominative Fair Use Tooz: Instant Infosystems, Inc. v. Open Text, Inc., 2017 WL 3634547, No. B276691 Cal. Ct. App. Aug. 24, 2017 (Rebecca Tushnet)
11. On Remand, Ninth Circuit Says Robins Satisfied Article III Standing
12. Copyright Consternation & Confusion on Canadian Campuses as York Cogitates its Appeal
13. A Tee, A Tweet And Frank Ocean: Some Copyright Lessons
14. What Business Insider’s rambling hatchet job gets wrong about my work on copyright: A recent piece in Business Insider insults Rebecca Giblin’s academic integrity. Here is where it goes so horribly wrong.
15. President Trump Banned From Reading InfoWars, Including These Vital Stories of the Week
16. How Conservatives Manipulated the Mainstream Media to Give Us President Trump: A new report shows how conservatives are winning a war that the rest of us don’t even know we’re fighting.
17. How Trump Is Creating a Propaganda State: The president is taking conservative media to its evolutionary endpoint. Is there any way to stop him?
18. Chelsea Clinton defends Barron Trump after conservative site criticizes his clothes
19. Daily Caller slams Barron Trump for dressing like a normal kid sometimes: The right-wing rag the Daily Caller goes after the president’s 11-year-old son for dressing down — like a kid
20. Fake News: It’s Mostly a Right-Wing Phenomenon
21. Alec Baldwin’s Trump Impression Is A Technical Marvel
22. IP lawyer who represented TiVo is Trump’s pick as USPTO chief: Andrei Iancu has enforced patents for TiVo and Immersion Corp.
23. TV Station Falls For Pranksters; Sues Them For Fraud
24. The Seattle Times Bans Sportswriters from Local Radio, TV
25. How to Get Ripped Off While Trying to Book Your Favorite Rapper: Over a few months, one tiny Atlanta-based company made $67,000 booking Migos and Rae Sremmurd concerts across the country that never actually happened. Their business model is surprisingly common in the live rap music industry.
26. Dinwoodie & Dreyfuss on Brexit & IP
27. Wonder Woman Is “A Step Backwards,” James Cameron Says; Director Responds
28. Patty Jenkins hits back at James Cameron: ‘He doesn’t understand Wonder Woman’ 
29. Twitter Did Not Hold Back in Responding to James Cameron’s Wonder Woman Criticism
30. Erasing Herself From The Narrative: Taylor Swift and the absence of intimacy in the launch of Reputation
31. Blame Taylor Swift’s New Song On The Internet
32. A Day After Being Uploaded To YouTube, Taylor Swift’s New Music Video Sets Record With 35 Million Views
33. Taylor Swift’s ‘Look What You Made Me Do’ Smashes YouTube’s 24-Hour Record, Crushing Psy
34. Former Band Member Sues The Roots
35. Marijuana-Themed Media Company Merry Jane Gets A Spark From Seth Rogen, Wiz Khalifa
36. Deputy Attorney General Trots Out All Sorts Of Silly Analogies About ‘Intellectual Property’
37. The Hitman’s Bodyguard Tops Worst Weekend Box Office In 16 Years: Lowest-grossing weekend since September 2001.
38. Free speech in the fog of scientific uncertainty (Jane Bambauer)
39. Primary-Market Auctions for Event Tickets: Eliminating the Rents of “Bob the Broker”? (Aditya Bhave & Eric Budish)

SURVEILLANCE & PRIVACY

1. cy pres-only settlement ok’d in Google privacy case In re Google Referrer Header Privacy Litigation, — F.3d —-, 2017 WL 3601250, No. 15–15858 9th Cir. Aug. 22, 2017 (Rebecca Tushnet)
2. Court Calls Out Government For The ‘General Warrant’ It Served To Facebook
3. Man in jail 2 years for refusing to decrypt drives. Will he ever get out?: Defendant to ask Supreme Court if compelled decryption is a 5th Amendment breach.
4. Feds: Man jailed for not decrypting drives has “chutzpah” to ask to get out – Prosecutors use Yiddish to describe man imprisoned 2 years for contempt of court.
5. No Immunity For Cops Who Arrested Man Recording Them For Obstruction
6. Some In Congress Don’t Get The “Gravity” Of Russian Election Meddling, Former CIA Director Said: John Brennan, CIA director under President Barack Obama, also bemoaned a “barrage” of “inaccurate and misleading” news reports. He made these statements in an internal memo to CIA employees obtained through a Freedom of Information Act lawsuit.
7. All The Ways Us Government Cybersecurity Falls Flat
8. Public should know how police are using high-tech spying tools
9. Once Again, New Zealand’s Spying On Megaupload Execs Found To Be Illegal
10. Megaupload execs’ extradition may be at risk after new spying revelations: GCSB couldn’t say more without jeopardizing the national security of New Zealand.
11. Canadian Courts Edging Towards A Warrant Requirement For Device Searches At Borders
12. Aetna Mailer Accidentally Reveals HIV Status Of Up To 12,000 Customers
13. New app scans your face and tells companies whether you’re worth hiring
14. CCTV + Lip-Reading Software = Even Less Privacy, Even More Surveillance
15. 465k patients told to visit doctor to patch critical pacemaker vulnerability: A year after calling advisory “false and misleading,” maker warns patients to patch.
16. IOT Devices Provide Comcast A Wonderful New Opportunity To Spy On You
17. Leak of >1,700 valid passwords could make the IoT mess much worse: List of unsecured devices lived in obscurity since June. Now, it’s going mainstream.
18. 711 million email addresses ensnared in ‘largest’ spambot: The spambot has collected millions of email credentials and server login information in order to send spam through “legitimate” servers, defeating many spam filters.
19. India’s Supreme Court Rules Privacy Is A Fundamental Right; Big Ramifications For The Aadhaar Biometric System And Beyond
20. MalwareTech’s legal defense fund bombarded with fraudulent donations: At least $150,000 in donations were from stolen or fake credit card numbers.
21. One of 1st-known Android DDoS malware infects phones in 100 countries: Move over, IoT. Attackers are abusing a new widely used platform to knock out sites.
22. Microsoft’s Bid To Save Powershell From Hackers Starts To Pay Off
23. Facebook Figured Out My Family Secrets, And It Won’t Tell Me How

Jon

MEDIA, COMMUNICATIONS & NET NEUTRALITY

1. Good Politics, Bad Policy: Melanie Joly Sends TV Licensing Cancon Decision Back to the CRTC (Michael Geist)
2. The Future of Canadian “TV”
3. Trump Cribbed His Charlottesville Press Conference Straight From Fox News
4. Fox News Host Files SLAPP Suit Against Reporter Who Exposed His Sexting
5. Alex Jones’ Infowars supplements are overpriced, mundane vitamins – watered down: BuzzFeed reports results after sending supplements to an independent lab for testing.
6. How a Conservative TV Giant Is Ridding Itself of Regulation
7. Ajit Pai accused of conflict for helping former client, a prison phone company: Pai should recuse himself from inmate calling decisions, prisoners’ advocate says.
8. FCC giving special help to right-wing TV news company, Democrats allege: Pai is helping Sinclair expand its reach into TV-owning homes, lawmakers say.
9. FCC Begins Weakening The Definition Of Quality Broadband Deployment To Aid Lazy, Uncompetitive ISPs
10. FCC faces backlash for saying Americans might not need fast home Internet: Everyone should have fast home Internet and mobile access, commenters tell FCC.
11. New FCC Broadband ‘Advisory Panel’ Stocked With Telecom Consultants, Allies & Cronies
12. GOP lawmakers shamed on billboards for trying to repeal net neutrality rules: Republicans want a “slower, censored, and more expensive Internet,” group says.
13. FCC seemingly forgot about a net neutrality complaint filed against Verizon: There’s only been one formal net neutrality complaint, and FCC hasn’t ruled on it.
14. One Man’s War Against Verizon’s Long History Of Lies, Anti-Competitive Behavior, And Nonsense
15. Mozilla Study: Zero Rating Isn’t The Miracle Broadband Duopolies And Facebook Pretend It Is
16. Broadband ISP Cox Will Now Charge You $50 More To Avoid Usage Caps, Overage Fees
17. The Nation’s Telcos Are Hemorrhaging Customers Because They Refuse To Upgrade Their Networks
18. Will radio kill the internet star?
19. Newspapers Essential To Community

DIGITAL

1. Tech Has The Tools To Fight Hate. It Just Needs To Use Them
2. Racist Daily Stormer moves to Russian domain after losing .com address: The site was barely offline for 24 hours.
3. GoDaddy Severs Ties With Daily Stormer After Charlottesville Article
4. Google Domains, GoDaddy blacklist white supremacist site Daily Stormer: Two domain registrars say the Daily Stormer violated their terms of service.
5. After Getting Its Website Banned, Neo-Nazi Site Daily Stormer Gets Kicked Off YouTube, Too
6. Racist Daily Stormer goes down again as CloudFlare drops support: Tech companies face intense pressure not to work with the hate site.
7. CloudFlare CEO says his Daily Stormer takedown was “arbitrary” and “dangerous”: “I woke up this morning in a bad mood and decided to kick them off the Internet.”
8. Why We Terminated Daily Stormer
9. The Daily Stormer’s Last Defender In Tech Just Dropped It
10. After losing Patreon account, crowdfunded anti-refugee ship is adrift—literally: “Defend Europe” ship rescued by refugee relief agency’s ship after engine trouble.
11. Charlottesville White Supremacists Begin to Lose Jobs, Web Hosting Platforms
12. Web hosting, CDN companies torn as to how to respond to racist websites: Dreamhost, meanwhile, “will host any website as long as its content is legal.”
13. Internet turns on white supremacists and neo-Nazis with doxing, phishing: Many fear being outed from photos, but now the real cyber game against “alt-right” begins.
14. Trump’s Retweets Were Especially Batty This Morning
15. Trump tweets cartoon of train hitting CNN reporter
16. One Twitter Account’s Mission To Make White Supremacists Very, Very Famous
17. The Online Radicalisation Of Young Men (Andres Guadamuz)
18. Nazi Crybaby Films His Own Meltdown After Threatening to Kill Charlottesville Counter-Protesters
19. Before Getting Banned From OkCupid, White Supremacist Chris Cantwell Wrote Tips for Dating Online
20. After Charlottesville, Grief And Humor Go Hand In Hand On Twitter
21. Did the Army Chief of Staff Just Subtweet President Trump?
22. Trump can block people on Twitter if he wants, administration says: As president, Trump can use Twitter however he sees fit, Justice Department says.
23. New Media And The Messy Nature Of Reporting On The Alt-Right
24. Intel CEO Brian Krzanich quits Trump manufacturing council: Intel boss says “divided political climate” is causing “serious harm.”
25. Social Media Efforts to Identify Charlottesville Marchers
26. Partisanship, Propaganda, and Disinformation: Online Media and the 2016 U.S. Presidential Election (Rob Faris, Hal Roberts, Bruce Etling, Nikki Bourassa, Ethan Zuckeman, Yochai Benkler)
27. Defending Hateful Speech Is Unpleasant But Essential, Even When Violence Is The End Result
28. Hacking Hate and Extremism
29. Perspectives on Harmful Speech Online (Berkman Klein Center)
30. Florida City Ignores All Legal Precedent As It Attempts To Silence & Identify Mild Critic
31. Saudi Government Looking To Jail More Citizens For ‘Harming Public Order’ With Their Religious Tweets
32. A Guide To Russia’s High Tech Tool Box For Subverting US Democracy
33. Biohackers Encoded Malware In A Strand Of DNA
34. Researchers encode malware in DNA, compromise DNA sequencing software: It’s a proof-of-principle, done after making DNA analysis software vulnerable.
35. The Ultimate Virus: How Malware Encoded In Synthesized DNA Can Compromise A Computer System
36. Google Abruptly Cancels Town Hall About That Memo
37. Google cancels all-hands diversity meeting over safety concerns: Google feared questioners would face threats if their names leaked online.
38. Fired Google Engineer James Damore Takes His Case to Reddit
39. The Actual Science Of James Damore’s Google Memo
40. Weekend ‘March on Google’ canceled, organizer says: Firing of engineer spurred calls for right-wing rally at Google offices; local counter-protest will go on as planned
41. We Need to Talk About Online Harassment: The public forum is taking place on social media, a place where women are being systematically silenced.
42. One Of Uber’s First Investors Sued Travis Kalanick For Fraud
43. Investors hit Uber ex-CEO hard, sue over alleged “gross mismanagement”: Before ouster, Travis Kalanick pushed for 3 new board seats—and he still controls them.
44. Before Getting Banned From OkCupid, White Supremacist Chris Cantwell Wrote Tips for Dating Online
45. In wake of lawsuit, Uber investors are now publicly sniping at each other: Shervin Pishevar, other investors worry of “escalation of this fratricidal course.”
46. The Uber Dilemma
47. FTC says Uber took a wrong turn with misleading privacy, security promises
48. Uber agrees to 20 years of privacy audits following FTC charges: News reports of Uber employees using “God View” got the feds’ attention.
49. Lawyers clash over an imaged hard drive as Waymo v. Uber hurtles toward trial: “He was ordered to come clean and did not come clean.”
50. The ‘corporate governance nightmare’ that is Snap: Social media company’s disregard of shareholder rights is wrong, says Peter Smith
51. Snapchat’s New Feature Stitches Together Concert Videos From Multiple Stories
52. 46% Of Influencers Say They Would Give Up Snapchat If They Were To Abandon One Platform
53. Everything About Disney and ABC’s ‘Pink Slime’ Settlement Should Scare the Hell Out of You
54. Social media use should comply with securities law
55. How Section 230 Helps Sex Trafficking Victims (and SESTA Would Hurt Them)
56. Appeals Court Mostly Fixes Bad CDA 230 Ruling Over Publicity Rights
57. Lawyer: Yahoo Lost Sec. 230 Immunity Because It Didn’t Hand Over Personal Info; Court: GTFO
58. What Does The New CDA – Buster Legislation Actually Say?
59. The MPAA Narrative About Piracy Flips To Danger From Pirate Sites Now That It Has Lost The Moral Argument
60. Judge Preska: Widespread Pirating Makes Music Price Fixing Case Unsuitable for Class Treatment
61. Apple going all-in on original programming, to the tune of $1 billion a year: Apple could “procure and produce” as many as 10 new shows next year.
62. Apple To Spend $1 Billion On Original Shows Over Next Year (Report)
63. Apple Takes Bite From Data Security False Ad Suit
64. London Mayor Fingers The Culprit In Increased Knife Crime: YouTube
65. Warner/Chappell Issues Copyright Claim Over YouTube Video Deliberately Containing None Of Its Music
66. How Cults Use YouTube for Recruitment
67. Once Again, Rather Than Deleting Terrorist Propaganda, YouTube Deletes Evidence Of War Crimes
68. Where is the YouTube left? There, elsewhere and unfocused: Not all mediums are created equal
69. Verizon Returns Its Ads To YouTube After A Five-Month Freeze
70. Elvis Presley Racks Up 2.8 Billion YouTube Hits To Eclipse Kanye West, Lana Del Rey
71. Nielsen To Incorporate Views On YouTube, Facebook, And Hulu Into Digital Ratings
72. The Toxic Drama on YA Twitter: Young-adult books are being targeted in intense social-media callouts, draggings, and pile-ons — sometimes before anybody’s even read them.
73. Investors rescue embattled SoundCloud with $170 million lifeline: The company laid off 40 percent of its workforce in July.
74. SoundCloud, now Vimeo of Sound, instead of YouTube of Sound?
75. CBS, Citing The NFL, Says Broadcasters And Streamers Can Coexist
76. As A Streaming Future Looms, ESPN Is Damned If It Does, Damned If It Doesn’t
77. Can Oath, The Arranged Media Marriage Of Yahoo And Aol, Avoid A Rough Divorce?: Can two once-great Internet behemoths come together harmoniously in an age of mergers, roll-ups, and distribution plays? The early returns suggests that Oath has some work cut out for itself.
78. Netflix lured TV superstar Shonda Rhimes away from ABC
79. How A.I. Is Creating Building Blocks to Reshape Music and Art
80. All This Bitcoin Stuff Is Fake
81. Bitcoin cash plunges as investors look to dump their coins
82. Should We Ban Bitcoin to Curb Illegal Activities?
83. Howard Marks, who has called past market bubbles, says ‘I don’t understand what’s behind bitcoin’
84. Bitcoin and the Uniform Commercial Code (Jeanne Schroeder)
85. New Civil and Criminal Consequences for ‘Revenge Porn’
86. Secret Service agent, corrupted by Silk Road case, cops to second heist: Shaun Bridges, who already was given 71 months in prison, awaits a new sentence.
87. American accused of faking eBay sales to fund US terror pleads guilty: It’s “first known time ISIS had given money to someone in the US for an attack.”
88. The quiet war against ownership: A major conflict is shaping up between the owners of smart devices and the companies that produced them.
89. Digital provisions turn farmers into hackers: Canada’s strict digital lock provisions mean farmers and other businesses cannot fully benefit from the market access provided by trade agreements.
90. How The DMCA’s Digital Locks Provision Allowed A Company To Delete A URL From Adblock Lists
91. Should Social Media Sites Be Forced To Pull Pastor Calling For War With North Korea?
92. Why Everyone Is Hating on IBM Watson—Including the People Who Helped Make It
93. Disney wants to make a huge shift in its business model — but it’s not ready to do it yet: Streaming movies to consumers is one thing. Streaming sports is something else. Bob Iger will wait on that one.
94. Disney’s Building Its Own Netflix. Everyone Else Might, Too
95. Disney and CBS mark milestones in streaming’s march to conquer cable
96. Netflix, Disney In “Active Discussions” About Streaming Rights To Future Marvel, ‘Star Wars’ Films
97. Netflix should be afraid of Disney’s OTT play
98. Star Wars and Iron Man may not disappear from Netflix in 2019 after all: Netflix and Disney are still having “active discussions.”
99. Ted Sarandos: Netflix’s Content Budget Will Ascend To $7 Billion In 2018
100. The Messy, Confusing Future of TV? It’s Here
101. Facebook’s original video platform will launch with Mike Rowe, MLB, and more: The new Watch platform will nurture original series and themed shows.
102. Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook (Eric Goldman)
103. Facebook Defeats Another Case Over Not Removing User Comments–La’Tiejira v. Facebook (Eric Goldman)
104. Facebook’s Hate Speech Policies Censor Marginalized Users
105. How Your Phone Number Became The Only Username That Matters
106. Patreon will help fans pay their favorite artists more than $140 million this year: CEO Jack Conte explains what’s next — and why he really, really hates the term “tip jar” 
107. SpaceX is launching a supercomputer to the International Space Station: “If this experiment works, it opens up a universe of possibility.”
108. AI and CGI will transform information warfare, boost hoaxes, and escalate revenge porn
109. If an AI creates a work of art, who owns the rights to it?
110. Nokia’s New Phone Ushers In The Unfortunate Era Of The ‘Bothie’
111. Mr. Nice Guy: Instagram’s Kevin Systrom Wants To Clean Up The &#%$@! Internet.
112. Your Instagram Posts May Hold Clues to Your Mental Health
113. Instagram photos reveal predictive markers of depression (Andrew Reece & Christopher Danforth)
114. Appeals court: Lawsuit over wrong info on Spokeo should move ahead – Search site must face allegations that it broke fair credit reporting laws.
115. Giving Legal Effect to Emails – Can Emails Satisfy the Requirements to Extend Limitation Periods Under The Limitations Act?
116. Great minds moji alike?
117. We’re rewiring the Internet for freedom.
118. Re-Shaming the Debate: Social Norms, Shame, and Regulation in an Internet Age (Kate Klonick)
119. Golf App Uses AI To Account For Wind In Making Distance Calculations
120. Robot Umpires Advocated By Chicago Cubs’ Ben Zobrist
121. Update gone wrong leaves 500 smart locks inoperable: Fatal error leaves customers scrambling for fixes that can take a week or longer. 

CREATIVITY

1. The Chilling Effects of Openly Displayed Firearms: Charlottesville marks a new era of even bolder assertion of the right to threaten violence for political purposes.
2. Lions denounce use of their logo by racists at Charlottesville rally
3. Taylor Swift Spoke Up. Sexual Assault Survivors Were Listening.
4. Kesha and Taylor Swift Find New Voices
5. Taylor Swift’s Best Comebacks During Her Cross-Examination at Her Sexual-Assault Trial
6. Jury Sides With Taylor Swift Over DJ In Groping Case
7. The Kardashian Decade: How a Sex Tape Led to a Billion-Dollar Brand
8. Hollywood’s China Money Heartbreak: Is the Love Affair Really Over? – Billions have been thrown into turmoil as Chinese regulators crack down on investments, Paramount’s backer skips a payment, and both Trump and some Dems adopt a protectionist stance.
9. DC’s transit agency rejected ads touting the First Amendment (really): The DC transit agency banned “issue ads.” It hasn’t gone well.
10. Bob Murray To Court: The ACLU Is Too Biased To File Its Brief
11. Court Sends John Oliver, HBO Back To State Court To Fight Bob Murray
12. Trademark Injunction Issued Against Print-on-Demand Website–Harley Davidson v. SunFrog
13. White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia (Eric Goldman)
14. Five Reasons NOT to Register Your Trademark
15. Lawsuits against media outlets are piling up
16. How Royalty Exchange Has Transformed the World of Music Publishing
17. Songwriter Groups Hit Out At RIAA For ‘Betrayal’ Over Moral Rights Issue
18. AMC Theaters Is Not Happy About the New Super Cheap MoviePass Service
19. The protection of the ‘eco-friendly’ Falabella bag by Stella McCartney in a recent decision of the Court of First Instance of Milan
20. HBO hackers release Curb Your Enthusiasm episodes: HBO reportedly offered hackers $250,000 as a “stall tactic.”
21. HBO Owns Itself in Latest Game of Thrones Leak
22. Public Consultation on Reform of the Copyright Board of Canada Launched 
23. How Canada Can Use NAFTA’s IP Chapter to Level the Innovation Playing Field (Michael Geist)
24. No Time for Tinkering: How a “more progressive” NAFTA could break the vicious circle of global inequities in the ownership of knowledge (Ariel Katz)
25. Intellectual Property in a Renegotiated North American Free Trade Agreement: A Canadian Perspective
26. Danish University And Industry Work Together On Open Science Platform Whose Results Will All Be Patent-Free
27. Tracking the spread of culture through folktales: Genomic, geographical, and cultural data join forces.
28. How Jeff Koons, 8 Puppies, and a Lawsuit Changed Artists’ Right to Copy 

SURVEILLANCE & PRIVACY

1. US government demands details on all visitors to anti-Trump protest website: Privacy advocates call warrant for IP addresses of 1.3 million people who visited inauguration protest website an unconstitutional ‘fishing expedition’
2. Feds Demand ‘1.3 Million IP Addresses’ Of Visitors To Trump Protest Website
3. Feds demand 1.3 million IP addresses of those who visited Trump protest site: DreamHost said the warrant is “a clear abuse of government authority.”
4. We Fight for the Users
5. DOJ Goes Way Overboard: Demands All Info On Visitors Of Anti-Trump Site
6. Building America’s Trust Act would amp up privacy concerns at the border: Civil libertarians tell Ars they’re worried about “mass surveillance expansion.”
7. Court Says CFAA Isn’t Meant To Prevent Access To Public Data, Orders LinkedIn To Drop Anti-Scraper Efforts
8. LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn
9. LinkedIn Connection Request Doesn’t Violate Non-Solicitation Clause—Bankers Life v. American Senior Benefits
10. Tech companies, law profs agree: The Fourth Amendment should protect data – Filings argue support for convicted robber’s position in Carpenter v. United States.
11. Russia’s ‘Fancy Bear’ Hackers Used Leaked NSA Tool To Target Hotel Guests
12. Russian group that hacked DNC used NSA attack code in attack on hotels: Fancy Bear used Eternal Blue 3 months after it was leaked by a mysterious group.
13. In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking
14. Ukraine malware author turns witness in Russian DNC hacking investigation: “Profexor” turns self in to Ukrainian authorities, assists FBI in DNC hack investigation.
15. Stories Claiming DNC Hack Was ‘Inside Job’ Rely Heavily On A Stupid Conversion Error No ‘Forensic Expert’ Would Make
16. Court Tells Government Sticking FOIA Waivers In Plea Agreements Is Probably A Bad Idea
17. Salesforce “red team” members present tool at Defcon, get fired: “Red Team” members were fired as they stepped off stage after presenting internal attack tool.
18. Researchers report >4,000 apps that secretly record audio and steal logs: SonicSpy family of apps pose as benign programs. Behind the scenes, they spy on users.
19. 3 Big COPPA Class Action Suits Prove Privacy Tsunami is Coming
20. VIZIO Can’t Switch Channel on Consumer Privacy Complaint
21. NAFTA, Trump and the cloud: What the negotiations mean for your personal data
22. How My Instagram Hacker Changed My Life
23. Researcher who neutralized WCry pleads not guilty to writing banking malware: Marcus Hutchins is accused of creating software that became the malware Kronos.
24. Verizon—Yes, Verizon—Just Stood Up For Your Privacy
25. “Pretty egregious” security flaw raises questions about Pacer: Is the service used by a million journalists and lawyers doing enough for security?
26. Mr. Know-It-All: When Someone Melts Down In Public, Can I Record It? (Please?)
27. Mental health and the media: when privacy trumps getting the story: At what point, when the initial story is over, do news outlets and social media need to continue to stalk, hound and dig for every tiny detail?
28. Those Free Stingray-Detector Apps? Yeah, Spies Could Outsmart Them
29. Former NSA Official Argues The Real Problem With Undisclosed Exploits Is Careless End Users

Jon