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News of the Week; May 31, 2017

By Jon Festinger on June 19, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Can Cancon Compete?: A Response to the WGC on The Future of Canadian TV Production (Michael Geist)
  2. Victims Of Anti-Net Neutrality Identity Theft Demand Answers: An unknown party has been using names of real people to spam the FCC with fake comments against internet freedom
  3. People who were impersonated by anti-net neutrality spammers blast FCC: FCC should investigate and throw out fake comments, impersonation victims say.
  4. Congress Busted Using Cable Lobbyist Talking Points In Attacks On Net Neutrality
  5. Update – FCC Concludes that the Colbert Broadcast Did Not Violate FCC Indecency Rules 
  6. Republicans claim 1st Amendment right to send you robo-voicemails: GOP asks FCC to exempt direct-to-voicemail messages from robocall rules.
  7. Despite Claiming It’s Now On Par With Apple, Comcast’s Already Bad Satisfaction Ratings Are Actually Getting Worse
  8. Comcast customer satisfaction drops 6% after TV price hikes, ACSI says: Customers unhappy with Comcast TV and Charter’s Time Warner Cable Internet.
  9. Some Of The Best Net Neutrality Reporting Is… Coming From Sites Owned By Verizon?

DIGITAL

  1. Putin Hints at U.S. Election Meddling by ‘Patriotically Minded’ Russians
  2. How Twitter Is Being Gamed to Feed Misinformation
  3. Nearly Half Of Trump’s Twitter Followers Seem To Be Phony: Fake followers are flocking to Trump, far more than Obama, Clinton, and Pence
  4. Twitter Fails E.U. Standard on Removing Hate Speech Online
  5. The Internet Defines ‘COVFEFE’
  6. Trump has an iPhone with one app: Twitter – Trump retired his trademark Samsung device in March after taunting Schwarzenegger.
  7. Twitter and the BBC partner for the first time on live video
  8. Ukraine Just Tweeted a Simpsons GIF at Russia Because 2017 Is Weird As Hell
  9. Pornhub To Russia: Here’s Your Premium Access For Unblocking Us: A Russian regulator reportedly received a show of thanks, said he would donate free porn accounts to “charity”
  10. E-mails phished from Russian critic were “tainted” before being leaked: Campaign targeting more than 200 people also spread disinformation, report says.
  11. Florida GOP consultant admits he worked with Guccifer 2.0, analyzing hacked data: Voting models and other leaked data were “worth millions,” consultant told Guccifer 2.0.
  12. Facebook Wades Into Another Election
  13. Facebook Will Reportedly Pay Up To $250,000 Per Episode For Long-Form Content
  14. Facebook’s Not Designed to Create a “Global Community”
  15. Music Industry’s Canadian Copyright Reform Goal: “End Tech Companies’ Safe Harbours” (Michael Geist)
  16. Cloudflare gets another $50,000 to fight “new breed of patent troll”: Company also seeks state laws to limit attorney-owned patents.
  17. Cloudflare Ups The Ante In Search Of Prior Art To Invalidate ALL Patents From Patent Troll Blackbird Tech
  18. Creator of SecurID sues Apple, Visa over digital payment patents: A company that couldn’t strike a deal with Visa now seeks patent royalties.
  19. A legal tiptoe through the hot world of influencer advertising
  20. PayPal Sues Pandora Over Yawn-Inducing Logos And Tweets About People Opening The Wrong App
  21. Helping Platforms Protect Speech By Avoiding Bogus Subpoenas
  22. Uber Fired Its Robocar Guru, But Its Legal Fight With Google Goes On
  23. Google To Tell Advertisers How Often Their YouTube Spots Lead To Store Visits
  24. Inside Google’s Global Campaign to Shut Down Phishing
  25. Top 100 Most Subscribed YouTube Channels Worldwide • April 2017
  26. Text Mining, Non-Expressive Use and the Technological Advantage of Fair Use  (Matthew Sag)
  27. Are Copyright and Patent Overlapping or Mutually Exclusive in Protecting Software Innovations? (Pamela Samuelson)
  28. Analyzing Accessibility of Wikipedia Projects Around the World
  29. Wikipedians Join Push For Fair Use In Australia After Six Government Reports Recommend It
  30. Ars tests out Amazon’s first pick-up grocery store in the world: Easy and painless, so long as you like Amazon’s selection (and Prime-exclusive rules).
  31. Why Some Digital Companies Should Delay Profitability for as Long as They Can
  32. Mark Zuckerberg Should Really Listen to Himself
  33. Some starting questions around pervasive autonomous systems
  34. Normalisation of sexting: Kaspersky’s ad is criticised by the ASA and the NSPCC
  35. This Couple Just Got Hitched In A Surreal Virtual Reality Wedding: Avatars gathered to witness the first couple to legally say “I do” in their headsets. It got a little awkward
  36. Internet Trends 2017 – CODE Conference (Mary Meeker)

CREATIVITY

  1. Ariana Grande to hold benefit concert for Manchester victims: US pop singer whose show ended with a terrorist attack that killed 22 people says she plans to hold fundraiser in city
  2. Primavera De Filippi: “As an artist, I try to challenge the current state of the world…”
  3. Spinal Tap vs. Hollywood
  4. Everyone Wins When Politicians Body Slam Reporters
  5. ‘Citizens United,’ media corporations and other corporations
  6. LGBTQ Representation in Hollywood Is Still Scandalously Low
  7. Piracy Killing Hollywood So Bad That Disney Made More Money In 2016 Than Any Studio Ever
  8. Professional Cheerleader Case Presents Independent Contractor and Joint Employer Lessons 
  9. TV Networks Step Away From Pricey Originals Amid Saturation Of Shows 
  10. CNIB calls for federal accessible book production strategy
  11. Say goodbye to the video store, hello to the non-profit foundation: How one of the last video stores turned non-profit with an eye on preservation.
  12. The Force Will Be With Us. Always.: Star Wars And The Quest For The Forever Franchise
  13. The Life and Death of the Freestyle Mixtape: The freestyle mixtape wasn’t just a service to the fans, it was a representation of hip-hop’s core. Now it’s dead.
  14. How Intellectual Property Rights Shape Neuropsychological Demand for Orange Flavors 
  15. Unevenly Cooked: Raw Materials and Fair Use (Christopher Buccafusco)
  16. Raw Materials and the Creative Process (Andrew Gilden)

SURVEILLANCE & PRIVACY

  1. UK Government Using Manchester Attacks As An Excuse To Kill Encryption
  2. Why the NSA Makes Us More Vulnerable to Cyberattacks: The Lessons of WannaCry
  3. Is “I forget” a valid defense when court orders demand a smartphone password? 
  4. Samsung’s ‘Airtight’ Iris Scanning Technology For The S8 Defeated With A Camera, Printer, And Contact Lens
  5. Radio-controlled pacemakers aren’t as hard to hack as you (may) think: The four major makers aren’t properly securing critical cardiac devices, report says.
  6. Facial Recognition Cameras Are Now Watching Your Emotions: Systems originally developed to identify people from photos can now detect gender, emotions, and much more
  7. Google To Tell Advertisers How Often Their YouTube Spots Lead To Store Visits
  8. Cyber breach costs Target more than $220 million! 

Jon

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News of the Week; May 24, 2017

By Jon Festinger on May 29, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Canadian TV in the Netflix Age: In Defence of the CRTC Television Licensing Decision (Michael Geist)
  2. Diversity and competitive equity underline the CRTC’s recent decisions on television services operated by Canada’s large French- and English-language ownership groups
  3. Montreal Economic Institute isn’t ready for internet reality: No, cat videos aren’t going to interfere with self-driving cars and the internet of things. (Peter Nowak)
  4. Breaking down the FCC’s proposal to destroy net neutrality: The agency is asking if we even need any rules at all
  5. Net neutrality going down in flames as FCC votes to kill Title II rules: GOP’s 2-1 majority starts repeal process, with final vote coming later in 2017.
  6. The FCC Just Voted. They Are Going to Start Dismantling Net Neutrality.
  7. FCC Ignores The Will Of The Public, Votes To Begin Dismantling Net Neutrality
  8. FCC Commissioner Wants To Ban States From Protecting Consumer Broadband Privacy
  9. Internet Providers Insist They Love Net Neutrality. Seriously?
  10. Cable Companies Refuse To Put Their Breathless Love Of Net Neutrality Down In Writing
  11. Comcast vendor sent cease-and-desist to operator of anti-Comcast website: Net neutrality website stays online as Comcast agrees to take no further action.
  12. The FCC Doesn’t Care That Somebody’s Spamming Its Net Neutrality Proceeding With Fraudulent Comments
  13. FCC Refuses to Release Evidence of the ‘DDoS Attack’ on Its Website
  14. Examining the FCC claim that DDoS attacks hit net neutrality comment system: Attacks came from either an unusual type of DDoS or poorly written spam bots.
  15. Journalist allegedly “manhandled by FCC guards” for asking questions: FCC apologizes, says guards were on “heightened alert” due to threats.
  16. FCC Guards ‘Manhandle’ Reporter Just For Asking Questions At Net Neutrality Vote
  17. Senators ask FCC why reporter was “manhandled” after net neutrality vote – Senators to FCC: Don’t roughhouse journalists who are trying to ask questions.
  18. If Net Neutrality Dies, Comcast Can Just Block A Protest Site Instead Of Sending A Bogus Cease-And-Desist
  19. It’s Not Too Late to Save Net Neutrality From a Captured FCC: The Trump-appointed FCC chairman has ushered in a virulent strain of market libertarianism. He can and must be stopped.
  20. A Trump FCC advisor’s proposal for bringing free Internet to poor people: Trump advisor says net neutrality hindered free data services for the poor.
  21. California Noncommercial TV Station Licensee Faces $20,000 Proposed Fine for Public Inspection File and Related Violations
  22. Wireless Data Revenues Dip For First Time in Seventeen Years — Thanks To A Crazy Little Thing Called Competition
  23. Viacom wants to leave sports in the dust with future $20 “skinny” TV bundle: How many people really want cable TV with no live sports?
  24. The Worldwide Leader in Schadenfreude: For the first time in 40 years, people aren’t just criticizing ESPN. They’re savoring its decline.
  25. How Deregulation Gave Us FM Radio, HBO, and the iPhone
  26. What toppled Bill O’Reilly? A reporter’s hunch, a cold call, and a Pilates class.
  27. A Fox News Host Was Racist Enough to Actually Get Fired
  28. Roger Ailes, who built Fox News into a powerhouse, dies at 77
  29. Roger Ailes: Brilliant and Destructive – Fox News may be the greatest business investment Rupert Murdoch ever made. It was Roger Ailes who led it to massive success and controversy. Some think he destroyed sane, constructive political dialogue in America and gave birth to a sinister breed of news.
  30. Roger Ailes will be remembered as a lecherous, misogynistic and terrible boss — and that’s a good thing: Ailes spent his life fighting for a world where men are free to exploit women — and the good news is, he lost
  31. I’m Sorry To Report That Roger Ailes Ever Lived
  32. Alex Jones’ InfoWars Claims To Have White House Press Credentials: A guy who thinks Sandy Hook was a ‘hoax’ now has access to the same White House briefing room as ‘fake news’ outlets
  33. How the big TV networks are adapting to ad-skipping viewers … and Google, Snapchat and Facebook
  34. Upfronts week just concluded, which means it’s time to take stock of the TV business: Ratings are down, live events are up, and IP is more important than ever
  35. Federal Judge Triples Damages Against Dish In Telemarketing Lawsuit, Resulting in $61.34m in Damages
  36. Plot twist: Cheesy soap opera script is deceptive drug ad, doctors warn – General Hospital character gets rare disease. Drug company has just the pill for that.
  37. The Tricky Ethics of Big Pharma Soft-Selling on Soap Operas

DIGITAL

  1. Appeals Court Orders Expedited Hearing in ReDigi Case
  2. Apple and Nokia end their patent fight
  3. Lawsuits get settled, but what about the companies wielding Nokia patents?
  4. Titan Note Continues Trying To Sell Its Questionable Device; Its Own Actions Keep Raising More Questions
  5. Apple, Verizon Join Forces To Lobby Against New York’s ‘Right To Repair’ Law
  6. Terrorism victims can’t hold Facebook liable for Hamas’ use of the platform: Website immunity holds up against the US Anti-Terrorism Act.
  7. Facebook Defeats Lawsuit Over Material Support for Terrorists–Cohen v. Facebook (Eric Goldman)
  8. Turkish President Demands Google Delist A Bunch Of Websites Comparing Him To Hitler
  9. Malta’s Prime Minister Sues Panama Papers Journalist For Defamation; Gets Facebook To Delete His Reporting
  10. Revealed: Facebook’s internal rulebook on sex, terrorism and violence – Leaked policies guiding moderators on what content to allow are likely to fuel debate about social media giant’s ethics
  11. Facebook content rules leaked days after Tories vow tougher Internet laws: Facebook mod guidelines are OK with violent death, misogyny; but don’t threaten Trump.
  12. A Campus Murder Tests Facebook Clicks as Evidence of Hate
  13. EU fines Facebook 110 million euros over WhatsApp deal
  14. Facebook fined $122 million for misleading EU over WhatsApp deal: Facebook says it couldn’t automatically match WhatsApp accounts; EC disagrees.
  15. Mergers: Commission fines Facebook €110 million for providing misleading information about WhatsApp takeover (European Commission)
  16. European Union Proposes Rules To Hold Online Video Platforms Accountable For Hate Speech
  17. Social networks face tougher EU oversight on video content: Facebook, Twitter and others may have to abide by same regulations as broadcasters
  18. You won’t believe why Facebook will block this headline: Updates to news feed algorithms tweaked to catch spammy and deceptive headlines.
  19. How Facebook Sees The World: By acknowledging the existence of an editorial compass, the technology giant tacitly accepts its role as a de facto censorship power—and opens itself to government attack.
  20. Facebook Will Begin Streaming One Major League Baseball Game A Week On May 19
  21. Facebook Joins Twitter In Live Streaming Major League Baseball Games On Friday Nights
  22. ISIS Has A Strategy To Create A Media Frenzy And News Outlets Are Struggling To Disrupt It: Struggling to cover terror in the media age. (Zeynep Tufekci)
  23. Twitter And Tear Gas: How Social Media Changed Protest Forever (Zeynep Tufekci)
  24. Court of Appeal granted an appeal of the Federal Court’s decision allowing internet service provider to charge a fee for disclosure of suspected infringer
  25. Copyright Board Rules Whether YouTube Uploads Constitute “Publication” and “Making Available” Under Copyright Act
  26. Four copyright registrations expunged where Respondent was not the author and owner of the works
  27. Defense Against the Dark Arts of Copyright Trolling (Matthew Sag)
  28. Uber threatens to fire Levandowski if he doesn’t comply with court order: Can Uber engineer be forced to choose between the Fifth Amendment and his job?
  29. Objecting to sexual harassment got me fired, says ex-Uber employee
  30. The Taking Economy: Uber, Information, and Power (Ryan Calo & Alex Rosenblat)
  31. Paypal says Pandora’s logo infringes, starts trademark battle: “The similarities between the logos are striking, obvious, and patently unlawful.”
  32. Trademark Has Come To This: Tinder Opposes Dating App With Only One Lonely Dude On Its Dating Roster
  33. Shinder, Shinder, Shinder … will you ever be like Tinder?
  34. Did eBay Irreparably Injure Trademark Law? (Mark Lemley)
  35. How Not to Prove a Mark is Generic. Use of GOOGLE as a Verb Does Not Constitute Genericide
  36. A WannaCry Flaw Could Help Some Victims Get Files Back
  37. Windows XP PCs infected by WCry can be decrypted without paying ransom: Decryption tool is of limited value, because XP was unaffected by last week’s worm.
  38. Hackers Are Trying to Reignite WannaCry With Nonstop Botnet Attacks
  39. Windows 7, not XP, was the reason last week’s WCry worm spread so widely
  40. How I accidentally stopped a global Wanna Decryptor ransomware attack: A British security researcher found and pulled WannaCrypt’s kill switch.
  41. WannaCry Ransomware Cyberattack Raises Legal Issues
  42. NSA Was Concerned About Power Of Windows Exploit Long Before It Was Leaked
  43. There’s new evidence tying WCry ransomware worm to prolific hacking group: Common tools, techniques, and infrastructure make link “highly likely.”
  44. Inside Russia’s Social Media War on America
  45. Who Are the Shadow Brokers?: What is—and isn’t—known about the mysterious hackers leaking National Security Agency secrets
  46. The Seth Rich Conspiracy Theory: A Tale of Two Filter Bubbles
  47. Someone Is Trying to Scrub Trump’s Name From the Wikipedia Page of Lieberman’s Law Firm
  48. The Library of Congress Makes 25 Million Records From Its Catalog Free to Download
  49. Theresa May Plans To Regulate, Tax And Censor The Internet
  50. An EU text and data mining exception: will it deliver what the Digital Single Market Strategy promised?
  51. How a Chipmunk Emoji Cost an Israeli Texter $2,200
  52. A Pro Flag Football League Is Launching And It Might Be The Most High-Tech League In The World
  53. James Corden is getting his own Snapchat show, the first from CBS
  54. BostonGlobe.com disables articles when your browser’s in private mode
  55. Boston Globe Blocks Readers Using Privacy Modes In Browsers
  56. Amid YouTube Ad Plight, Patreon Says It Will Pay Creators $150 Million This Year
  57. The Most-Desired Career Among Young People Today Is ‘YouTuber’ (Study)
  58. Google Confirms Glass Team is Not Working With AR/VR Team
  59. Google’s New AI Is Better at Creating AI Than the Company’s Engineers
  60. Google Wants to Apply AI & Machine Learning to All Its Products
  61. Intel to make Thunderbolt 3 royalty-free in bid to spur adoption: And the company has promised to put Thunderbolt 3 controllers into its processors.
  62. Five Ways Elon Musk’s Brain-Computer Interface Could Transform the World
  63. Hear Me Out: Let’s Elect an AI as President
  64. How Artificial Intelligence will impact professional writing
  65. AI and Robots Will Change the Way We Create and Consume Content
  66. An AI invented a bunch of new paint colors that are hilariously wrong: Let’s just say this neural network won’t make you fear the robot uprising.
  67. We Are All Kasparov: When Deep Blue beat the world chess champion 20 years ago, we learned a huge lesson. Just not the one we thought.
  68. Why Humans Are So Terrified Of Robots With Feelings
  69. The value of robotic process automation
  70. How Copyright Law Creates Biased Artificial Intelligence (Amanda Levendowski)
  71. Plagued by high-profile flops, Kickstarter and Indiegogo are bringing in experts to help inventors fulfill their promises.
  72. The Barbarians Are at Etsy’s Hand-Hewn, Responsibly Sourced Gates: The ur-Brooklyn online craft marketplace is under pressure to start acting more like a conventional, shareholder-focused company.
  73. Conference Report – ‘Moral Rights and New Technologies: Authorship, Attribution and Integrity in a Digital World’
  74. Piece by Piece Review of Digitize-and-Lend Projects Through the Lens of Copyright and Fair Use (Michelle M. Wu)
  75. Netflix And Amazon Screenings Are Being Booed At The Cannes Film Festival
  76. The A-EON Amiga X5000: An alternate universe where the Amiga platform never died – A new Amiga computer emerges that is both modern and an Amiga.
  77. Employee misconduct and social media
  78. Eli Pariser Predicted the Future. Now He Can’t Escape It.: Six years after the Upworthy cofounder coined the term “filter bubble,” things are much worse.
  79. Tulips, Myths, And Cryptocurrencies

CREATIVITY

  1. Supreme Court to decide who owns the 38,000 stories of residential school survivors: The courts say it is up to the survivors to decide what happens to the accounts of their experiences. But a coalition representing the survivors’ children and grandchildren wants to save the stories.
  2. Why Is The Far-Right Attacking Ariana Grande After Manchester?: While the world grieves for Manchester, others are taking aim at the pop star’s personal beliefs in a disgusting way.
  3. Manchester was an attack on girls: The bombing — and the trolling that followed — show again how females are targeted
  4. The Meaning of Ariana Grande: She has one of the most loyal, dedicated fanbases in pop. She represents confidence, empowerment, sexiness, independence. Grownups may never understand, but young women do. Is that what terrorists are afraid of?
  5. Conan O’Brien Joke-Stealing Case Gets Green-Lit For Jury Trial
  6. A Brief Explainer About What the Heck Is Going On With Rebel Wilson’s Defamation Case
  7. Supreme Court urged to clarify law on journalist-source protection
  8. Judge Agrees Broadcasters Have First Amendment Right to Refuse Advertisements: SiriusXM wins a lawsuit against a dating company as a result.
  9. Music Performing Rights Organizations and the “Full-Work” vs. “Fractional” Licensing Dispute: Government Seeks to Overturn Fractional Licensing Decision
  10. RIAA Says Artists Don’t Need “Moral Rights,” Artists Disagree: Major entertainment industry associations often create the impression that they are fighting for the rights of smaller artists, not just their corporate overlords. However, responding to a US Government consultation, both sides are now going head to head over the “moral rights” issue.
  11. Sorry East Texas: Supreme Court Slams The Door On Patent Jurisdiction Shopping
  12. Supreme Court makes it much harder for patent trolls to sue in East Texas: Folks got sued in East Texas “just because they had a website.” Those days may be over.
  13. Lawyer who founded Prenda Law is disbarred: Twenty-one months later, an ethics complaint ends in disbarment.
  14. Japanese Music Collection Society Demands Copyright Fees From Music Schools For Teaching Music
  15. Trump Allegedly Wants FBI To Look Into Locking Up Journalists Who Publish Leaks
  16. News Coverage of Donald Trump’s First 100 Days
  17. Burna Boy allegedly stopped from working in US and Canada by New York Supreme Court
  18. The Fyre Festival Is Still a Damn Mess, and Now the FBI Is Involved
  19. The Fearless Girl who challenges the Charging Bull
  20. 17 charts that show the current state of the music industry
  21. Time Magazine Rips Off Mad Magazine?
  22. Spanish Supreme Court Rules on Originality for Architectural Works
  23. The Personal-Essay Boom Is Over
  24. The Mad King of Juice: Inside the Dysfunctional Origins of Juicero
  25. Is there copyright in the taste of a cheese? Sensory copyright finally makes its way to CJEU
  26. Does Fair Use Affect Academic Authors’ Incentive to Write? Some Lessons from Authors of Works from the GSU Course Reserves Case
  27. Seeing’s Insight: Toward A Visual Substantial Similarity Test For Copyright Infringement Of Pictorial, Graphic, And Sculptural Works (Moon Hee Lee)
  28. The Right to Attention in an Age of Distraction
  29. On Bias, Clickbait, And The Future Of Journalism: Insight And Advice From Staffers At The Washington Post

SURVEILLANCE & PRIVACY

  1. Russian Military Apparently Using Cell Tower Spoofers To Send Propaganda Directly To Ukrainian Soldiers’ Phones
  2. Wikimedia wins small victory in challenge to NSA “Upstream” spying: “This surveillance will finally face badly needed scrutiny in our public courts.”
  3. Appeals Court Revives Wikimedia’s Lawsuit Against The NSA
  4. “Yahoobleed” flaw leaked private e-mail attachments and credentials: Yahoo promptly retired ImageMagic library after failing to install 2-year-old patch.
  5. Vermont DMV Caught Using Illegal Facial Recognition Program: Local, state, and federal law enforcement were allowed to search DMV photo database, documents show
  6. Get Ready for the Next Big Privacy Backlash Against Facebook
  7. Google and Facebook lobbyists try to stop new online privacy protections: Lobbyists try to kill “opt-in” privacy standard before it can be implemented.
  8. Facebook whacked with piddly fine after breaching French data law: But free content ad network insists it complies fully with EU data protection rules.
  9. British Human Rights Activist Faces Prison For Refusing To Hand Over Passwords At UK Border
  10. New EU Lawsuit Claims Google Failed To Forget ‘Sensitive’ Information, Such As Their ‘Political Affiliation’
  11. Inspector General’s Report Shows Section 702 Isn’t The Only Thing Being Abused By The NSA
  12. Some Android Phones Keep Listening After ‘OK Google’ Is Disabled
  13. RNC, Chamber Of Commerce Want Robocallers To Be Able To Spam Your Voicemail Without Your Phone Ringing
  14. Something about Trump cybersecurity executive order seems awfully familiar: Trump’s cybersecurity order cribs from his predecessor, despite campaign bluster.
  15. GOP lawmaker who helped kill ISP privacy rules proposes new privacy rules: Bill requires opt-in consent, but prohibits states from imposing stricter rules.
  16. The everyday habits that reveal our personalities: From dining on spicy food to singing in the shower, seemingly innocuous behaviours may say a lot about your character.
  17. Ontario court finds Information and Privacy Commissioner’s decision to order disclosure of a commercial contract between bank and university reasonable
  18. Anti-Lawful Access Tide Continues: Security Consultation Finds Public Strongly Opposed to New Reforms (Michael Geist)
  19. Corporate Surveillance Is Turning Human Workers Into Fungible Cogs: Emerging technologies are enabling more invasive management practices.
  20. Tech Leaders Say You Could Be Storing Data in Your DNA in the Next 10 Years
  21. The Organization That’s Tracking People With Mental Illnesses: An experimental Florida program that aims to use big data to treat the mentally ill raises privacy questions
  22. Famed Hacker Kevin Mitnick Shows You How to Go Invisible Online

Jon

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News of the Week; May 17, 2017

By Jon Festinger on May 22, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Internet, TV providers focus on new video packages as 1 million Canadians watch unlicensed content on Android boxes
  2. FCC Temporarily Stops Taking Net Neutrality Comments So FCC Can ‘Reflect’
  3. The FCC Spent Last Week Trying To Make Net Neutrality Supporters Seem Unreasonable, Racist & Unhinged
  4. Flooded with thoughtful net neutrality comments, FCC highlights “mean tweets”: Facing extensive net neutrality support, FCC is ready to gut open Internet rules.
  5. Ajit Pai accidentally supports utility rules and open-access networks: Pai praises Clinton, whose FCC enforced open networks and boosted competition.
  6. Title II hasn’t hurt network investment, according to the ISPs themselves: ISPs continue to invest and tell investors that net neutrality hasn’t hurt them.
  7. Cable lobby conducts survey, finds that Americans want net neutrality
  8. Cable Industry’s Own Survey Shows Majority Support Net Neutrality Rules
  9. It’s Time For The FCC To Actually Listen: The Vast Majority Of FCC Commenters Support Net Neutrality
  10. Cisco And Oracle Applaud The Looming Death Of Net Neutrality
  11. Sprint sues government over elimination of broadband price caps: Business Internet price caps were removed by FCC despite lack of competition.
  12. Verizon outbids AT&T for nationwide “5G” spectrum: Verizon to buy Straight Path and its millimeter-wave spectrum for $3.1 billion.
  13. PSA Leads to Threatened Criminal Investigation for Arizona Radio Station
  14. The Widening Blast Radius of the Fox News Scandal: The metastasizing Ailes affair is spilling over into the politics of New York, Virginia and the White House.
  15. Canada’s Anti-Spam Legislation (CASL): A Statistical Analysis from the Canadian Radio-television and Telecommunications Commission (CRTC) 

DIGITAL

  1. WannaCry Ransomware That’s Hitting World Right Now Uses NSA Windows Exploit
  2. An NSA-derived ransomware worm is shutting down computers worldwide: Wcry uses weapons-grade exploit published by the NSA-leaking Shadow Brokers.
  3. Leaked NSA Hacking Tool On Global Ransomware Rampage
  4. Massive ransomware attack hits UK hospitals, Spanish banks: Ransomware attack appears to be targeting institutions in several European countries.
  5. Massive cryptocurrency botnet used leaked NSA exploits weeks before WCry: Campaign that flew under the radar used hacked computers to mine Monero currency.
  6. Fearing Shadow Brokers leak, NSA reported critical flaw to Microsoft: WaPo confirms long-held suspicions as NSA cyberweapons crisis threatens to grow worse.
  7. Two days after WCry worm, Microsoft decries exploit stockpiling by governments: Company president specifically notes role of NSA code used by Ransomware worm.
  8. Microsoft Is P___ED OFF At The NSA Over WannaCry Attack
  9. Microsoft Says The NSA Shares Blame For Ransomware Attacks: The WannaCry authors used a stolen NSA vulnerability to hurt Windows users — should the NSA take responsibility?
  10. The Ransomware Meltdown Experts Warned About Is Here
  11. Today’s Massive Ransomware Attack Was Mostly Preventable—Here’s How To Avoid It
  12. Global Ransomware Attack ‘Accidentally’ Halted But It’s Probably Not Over
  13. ‘Accidental hero’ halts ransomware attack and warns: this is not over – Expert who stopped spread of attack by activating software’s ‘kill switch’ says criminals will ‘change the code and start again’
  14. Hackers Behind Massive Ransomware Attack Have Made an Embarrassingly Small Amount of Money
  15. WCry is so mean Microsoft issues patch for 3 unsupported Windows versions: Decommissioned for years, Windows XP, 8, and Server 2003 get emergency update.
  16. FBI Gives Hollywood Hacking Victims Surprising Advice: “Pay the Ransom” – Netflix isn’t alone – Agencies and others are balancing demands for money against the fears of stolen data ending up online.
  17. New Netflix DRM Blocks Rooted Phone Owners From Downloading The Netflix App
  18. Two days after WCry worm, Microsoft decries exploit stockpiling by governments: Company president specifically notes role of NSA code used by Ransomware worm.
  19. The WannaCry Ransomware Hackers Made Some Real Amateur Mistakes
  20. Microsoft Says The NSA Shares Blame For Ransomware Attacks: The WannaCry authors used a stolen NSA vulnerability to hurt Windows users — should the NSA take responsibility?
  21. The WannaCry Ransomware Has a Link to Suspected North Korean Hackers
  22. What the Rise of Russian Hackers Means for Your Business
  23. Thailand Demands More Proxy Censorship From Facebook
  24. Well, Duh: Facebook’s System To Stop ‘Fake News’ Isn’t Working — Because Facebook Isn’t The Problem
  25. Abortion Pill Organization Temporarily Booted Off Facebook
  26. Austrian Court’s ‘Hate Speech’ Ruling Says Facebook Must Remove Perfectly Legal Posts All Over The World
  27. US Court Upholds Enforceability Of GNU GPL As Both A License And A Contract
  28. “Genericide” legal assault to nullify the Google trademark fails: Google doesn’t lose trademark even if it is a generic term for searching the Web.
  29. Google Gets Big Ninth Circuit Win That Its Eponymous Trademark Isn’t Generic–Elliott v. Google (Eric Goldman)
  30. A focus on digital habits could help news publishers fight Facebook
  31. Facebook’s plan to disrupt TV advertising may have hit a wall
  32. Bleacher Report CEO Dave Finocchio Doesn’t Buy That Facebook Isn’t Avid About Securing Sports Rights
  33. Texas Court Orders Sports Streaming Sites To Be Blocked In Anticipation Of Piracy
  34. Facebook Warrant Case: Stark Debate and a Divided Court
  35. The MP3 Is About As ‘Dead’ As Pepe The Frog
  36. Recording Industry Claims Imaginary Value Gap As A Bigger Threat Than Piracy (EFF)
  37. SoundExchange Acquires CMRRA
  38. The Real Threat to Our Government Is Tech Illiteracy
  39. Cambridge Analytica Explained: Data and Elections
  40. Media Manipulation and Disinformation Online
  41. The Apophenic Machine: The conspiratorial mode and the internet’s data hoard were made for each other (Molly Sauter)
  42. Maybe the Internet Isn’t Tearing Us Apart After All
  43. Can These Apps Really Help You Escape Your Filter Bubble?: New tech products offer some tiny first steps toward shaking up our social networks
  44. We Recorded VCs’ Conversations and Analyzed How Differently They Talk About Female Entrepreneurs
  45. Cloudflare, sued by its first “patent troll,” hits back hard: Blackbird Technologies, owned by its own lawyers, has filed over 100 lawsuits.
  46. Patent Trolling Lawyers May Have Picked With The Wrong Company To Shake Down: Cloudflare Hits Back
  47. Dear Google, You Could Start Fixing Content ID By Taking Down Dozens Of YouTube Videos On How To Defeat It
  48. YouTube still has full albums on its platform, and that’s a problem
  49. When a Picture is Worth… Thousands of Dollars: Ontario Court decides Ground-breaking Online Copyright Case
  50. The Kardashians Can’t Keep up with Copyright Law 
  51. Now Canceled Crowdfunding Project Sent DMCA Notice Following Skeptical Review
  52. Story About Ex-Sony Pictures Boss Magically Disappears From Gawker; His Lawyer Tells Reporters Not To Talk About It
  53. Class action against computer manufacturer proceeds
  54. MySpace Tries To Play Dead To Avoid Lawsuits
  55. Trademarks in a “Social” World: A Canadian Perspective
  56. Snap Blows First Earnings—But That’s Not the Whole Story
  57. Magic Leap settles discrimination lawsuit with former exec
  58. Magic Leap settles sexual discrimination case: Terms of the out of court settlement with Tannen Campbell were not disclosed
  59. Magic Leap, and the Troubles In Sexism Valley
  60. Clashing With Second Circuit, Court Orders Google to Turn Over Foreign-Stored Data
  61. Internet providers ordered to block streaming of Premier League
  62. Google’s Fight Against Uber Takes a Turn for the Criminal
  63. Judge refers Waymo v. Uber lawsuit to criminal investigators: Also, Uber’s bid to move the case into arbitration fails.
  64. Judge’s order bars Uber engineer from Lidar work, demands return of stolen files: “Misuse of that treasure trove remains an ever-present danger wholly at his whim.”
  65. Waymo and Lyft team up against Uber: In the self-driving world, the enemy of my enemy is my friend.
  66. Uber not just a dumb app, must comply with EU transport rules—top law adviser: Taxi-hailing app faces a tough ride from regulators in Europe.
  67. Lawsuit: VR Company Had a ‘Kink Room,’ Pressured Female Employees to ‘Microdose’
  68. Judge Alsup Threatens To Block Malibu Media From Any More Copyright Trolling In Northern California
  69. A new tool to further deter smartphone theft: “Think of it as Carfax for phones.”
  70. Spotify and – no joke – iTunes are coming to the Windows Store: Apple’s music app is a major get for Microsoft and Windows 10 S.
  71. One More Thing: Inside Apple’s Insanely Great (Or Just Insane) New Mothership
  72. 15-second ads coming to Amazon’s Alexa: Ads at the start and end of Alexa conversations, thanks to third-party company.
  73. Twitter, NFL Announce New Multi-Year Partnership To Include Live Pre-Game Coverage
  74. Lululemon Turns To Vice Media For Big Ad Push
  75. Vice Media Said to Be Raising More Cash as Prelude to Possible IPO
  76. How Amazon Go (probably) makes “just walk out” groceries a reality: Amazon’s new age grocery likely wasn’t possible even five years ago.
  77. Can Ticketmaster’s Anti-Bot Assault Fix Its Most Infuriating Problem?: “Verified Fan” fights scalper bots to make those Harry Styles tickets easier to snag—but there’s still room for improvement.
  78. Google Rattles the Tech World With a New AI Chip for All
  79. The Surprising Repercussions of Making AI Assistants Sound Human
  80. AI, Deep Learning, and Machine Learning: A Primer
  81. Autonomous Systems — Is it time for empirical research?
  82. Scientists 3-D Print Mouse Ovaries That Actually Make Babies
  83. Fashion visionaries are using 3D printing to create mind-bending textiles that are nearly impossible to wear.
  84. Archive digitization: a coordinated effort by CBC/Radio-Canada to preserve and showcase our heritage
  85. Startup culture’s obsession with “side hustle” gets more unsettling the closer you look
  86. Google’s AI Invents Sounds Humans Have Never Heard Before
  87. Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands (Martin Husovec & Lisa Van Dongen)
  88. Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? (Eleonora Rosati)
  89. How 4 Agencies Are Using Artificial Intelligence as Part of the Creative Process: Can algorithms replace humans?
  90. Sorry, Westworld: We Should Be Able to Torture Robots
  91. Cristiano Ronaldo Goes Shirtless On Instagram Live To Celebrate Hitting 100 Million Followers
  92. French Theater Owners Freak Out; Get Netflix Booted From Cannes Film Festival

CREATIVITY

  1. Conan O’Brien Will Go to Court Over Joke Theft Allegations: A lawsuit claims that the late night host stole five monologue jokes from a comedy writer’s blog.
  2. Conan O’Brien Headed to Trial Over Claims of Stealing Jokes: Alex Kaseberg overcomes a summary judgment motion and moves forward on jokes about Caitlyn Jenner, Tom Brady and the Washington Monument.
  3. Here we laugh again! The eternal controversy over parody scope in Copyright law
  4. Latest Attack On A Free Press: Reporter Arrested For Asking Questions To Trump Administration Officials
  5. Does the Media Have a Right to Private Communications?
  6. Cartoonist who claimed to be Kung Fu Panda creator jailed for two years: Jayme Gordon also ordered to repay $3m in legal fees to DreamWorks Animation after filing spurious copyright lawsuit in 2011
  7. Court Finds Infringement of THE KRUSTY KRAB Mark
  8. Paul Levy Hoping To Wake Up Maryland Courts To The Numerous Fraudulent Libel Lawsuits Filed There
  9. Mathew v. The Walt Disney Co.
  10. ITN Flix, LLC v. Univision Television Group, Inc.
  11. Higher Costs Awards for the Winning Party in Federal Court IP Cases
  12. How Pixar Lost Its Way: For 15 years, the animation studio was the best on the planet. Then Disney bought it.
  13. A Candid Conversation About Rap Culture’s Pervasive Disrespect Against Black Women: How do you cope when your social feed reflects how much the world devalues you?
  14. Marvel’s Cancelling Black Panther & The Crew, One of Its Most Important Comics Right Now
  15. Why Drag Is the Ultimate Retort to Trump: RuPaul versus the White House
  16. Kentucky court rejects government attempt to punish printer for refusing to print ‘Lexington [Gay] Pride Festival’ T-shirt
  17. KitKat loses bid to copyright four-finger chocolate bars
  18. Why Photos of President Trump Are So Aggressively Boring
  19. How Amanda Palmer Gave The Music Industry The Finger With Crowdfunding
  20. As Cannes turns 70, must cinema adapt to survive in new digital era?: Festival bosses are welcoming TV shows but have banned Netflix films from the Palme d’Or
  21. Are Your Nails Gucci? Why the Breakout Trend of the Moment Is a Logo Manicure
  22. Revising Non-compete Law to Eliminate Unfair Competition
  23. How Noncompete Clauses Keep Workers Locked In
  24. New Copyright Law declared constitutional (Brazil)
  25. Legal Guide to Music Licensing Contracts
  26. Osgoode Hall Law School appoints two Journalists in Residence

SURVEILLANCE & PRIVACY

  1. Latest FISA Court Order Details Why NSA Didn’t Get Any 702 Requests Approved Last Year
  2. NSA Boss: Section 702 Should Be Renewed Because It Helped Prove Russia Hacked Election
  3. Police Body Camera Giant Made Lawyers Sign Away Client Footage: Fearing for their clients, defense attorneys are refusing to hit ‘agree’ to access the company’s cloud-based body cam footage
  4. America Reloaded: The Bizarre Story Behind the FBI’s Fake Documentary About the Bundy Family
  5. Hollywood Helps China Set Up National Surveillance And Censorship System To Tackle Copyright Infringement
  6. Google collected NHS records of 1.6M patients on “inappropriate legal basis”: “We haven’t shared patient data with other Google products, services,” says DeepMind boss.
  7. Google Lens knows more about what’s in your photos than you do: What flower are you snapping a photo of? Google can tell you that.
  8. Here’s How Facebook Knows Who You Meet In Real Life: It may seem like Mark Zuckerburg is personally tracking your every move — but there’s another explanation for those creepy friend requests you’re getting
  9. Revisiting the Discoverability of Facebook Account Activity–Gordon v. TGR (Eric Goldman)
  10. HP laptops covertly log user keystrokes, researchers warn
  11. Cockpit access codes for United Airlines spill online: “The safety of our customers and crew is our top priority,” United says.
  12. Amazon’s Alexa Is Getting Smarter, But Potentially More Intrusive: Users will be able to opt-in to weather and news notifications with the A.I. home assistant
  13. EU regulators welcome stricter rules on cookies and direct marketing: The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses that engage in online commerce or electronic direct marketing.

Jon

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News of the Week; March 10, 2017

By Jon Festinger on May 15, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Lawsuit depicts Fox News as not just sexist. Not just misogynistic. Barbaric.
  2. FCC to investigate, ‘take appropriate action’ on Colbert’s Trump rant
  3. Opening up broadcast indecency
  4. The FCC ‘Investigation’ Into Stephen Colbert Is A Complete Non-Story
  5. FCC to Investigate Steven Colbert? – Much Ado About Nothing
  6. A John Oliver Net Neutrality Rant Has Crippled The FCC Website A Second Time
  7. FCC: John Oliver Didn’t Bring Down Our Site, Attackers Did – Just as the comedian sent a flood of people to support net neutrality, attackers brought commenting site down
  8. After net neutrality comment system fails, senators demand answers: John Oliver caused big comment increase, but FCC blames DDoS attacks.
  9. The FCC Claims A DDoS Attack — Not John Oliver — Crashed Its Website. But Nobody Seems To Believe Them
  10. The FCC has received 128,000 identical anti-net neutrality comments: There might be a bot faking widespread net neutrality opposition.
  11. The FCC Is Using Garbage Lobbyist Data To Defend Its Assault On Net Neutrality
  12. AT&T Takes Heat For Avoiding Broadband Upgrades For Poor Areas
  13. AT&T could be punished for unlimited data throttling after all: Ajit Pai cheers court decision, says case to overturn Title II is strengthened.
  14. Comcast, Charter Join Forces In Wireless, Agree Not To Compete
  15. Plan to kill municipal broadband fails in state legislature: Angry constituents convince Maine lawmakers to vote against Republican bill.
  16. UK’s New ‘Digital Economy’ Law Somehow Now Gives Police The Power To Remotely Kill Phone Service
  17. How the NFL is Crippling ESPN and Harming the Future of TV Sports
  18. Only Connect

DIGITAL

  1. Trump administration to Supreme Court: Don’t hear EFF “Dancing Baby” case: Copyright fight over 29 seconds of a toddler dancing to Prince is now a decade old.
  2. The Trump Admin’s Advice to Supreme Court in Copyright Case Is a True Mind-Bender
  3. Hackers Hit Macron With Huge Email Leak Ahead of French Election
  4. Evidence suggests Russia behind hack of French president-elect: Russian security firms’ metadata found in files, according to WikiLeaks and others.
  5. Dear France: You Just Got Hacked. Don’t Make The Same Mistakes We Did. – A brief guide to the information wars. (Zeynep Tufekci)
  6. Here’s How Far-Right Trolls Are Spreading Hoaxes About French Presidential Candidate Emmanuel Macron
  7. Why the Macron Hacking Attack Landed With a Thud in France
  8. Macron campaign team used honeypot accounts to fake out Fancy Bear: Digital team filled fake accounts with garbage data to slow information operation.
  9. A Last Minute Influence Op by Data DDoS: Where there’s smoke, there’s a smoke machine!
  10. As France becomes latest target, are election hacks the new normal?: After the hacking of the Democratic party in the US, governments have been braced for similar attacks. The onslaught has arrived
  11. The great British Brexit robbery: how our democracy was hijacked – A shadowy global operation involving big data, billionaire friends of Trump and the disparate forces of the Leave campaign influenced the result of the EU referendum. As Britain heads to the polls again, is our electoral process still fit for purpose?
  12. We are not done with state-sponsored hacking. Far from it.
  13. Russians Say They’re Sick Of Hacking Accusations
  14. China’s New Online Encyclopedia Aims To Surpass Wikipedia, And To ‘Guide And Lead’ The Public
  15. UK Parliament Takes First Step Towards Making Google & Facebook Censor Everything
  16. Dear Europe: Please Don’t Kill Free Speech In The Name Of ‘Privacy Protection’
  17. Cisco kills leaked CIA 0-day that let attackers commandeer 318 switch models: Fix neutralizes attack code that was put into the wild in early March.
  18. Trump’s Campaign Can’t Just Erase History on the Internet
  19. Activists Are Pushing Back Against Tech Platforms That Quietly Empower Hate Groups
  20. No More Trolls: Austria Rules Facebook Must Remove Hate Speech: An Austrian court case aimed at making Facebook responsible for policing vitriolic posts could have an international ripple effect.
  21. Will Facebook actually hire 3,000 content moderators, or will they outsource?: The company refuses to comment on where those 3,000 workers will be employed.
  22. Facebook Sees Video Views Rise By 32% In Q1 2017, Doubles Down On Long-Form Content
  23. Facebook’s Mark Zuckerberg: Paying For Live Sports Video Content Isn’t A ‘Long-Term Goal’
  24. How Sheryl Sandberg’s Sharing Manifesto Drives Facebook: The COO inspires her fans, and her employees, to talk about sadness, even tragedy, at work. That can be healing—and very good for business.
  25. Don’t Let Facebook Make You Miserable
  26. On Facebook: Why won’t the company let us truly filter our feeds?
  27. Facebook Tweaks News Feed to Crack Down on ‘Low Quality’ Sites
  28. Facebook takes to newspapers to teach UK users how to spot “fake news”: Social network claims to have killed “tens of thousands of fake UK accounts.”
  29. Ridiculous Lawsuit Looks To Hold Social Media Companies Responsible For The San Bernandino Shooting
  30. Norwich orders: who pays under the notice and notice regime? Voltage v Doe
  31. Microsoft’s bid to bring AI to every developer is starting to make sense: The APIs are getting good enough to be built into production systems.
  32. The Commodification of People
  33. Kodi: Open source TV app inspires full-blown copyright panic in the UK – Descended from Xbox Media Center software, it’s a crime wave to copyright cops.
  34. AG Szpunar says that Uber is a transport activity, not an information society service
  35. Warner Music Inks New Deal With YouTube, But Does Not Cease Its Complaints
  36. The Premier League Kindly Requests Google De-List All Of Facebook Over Copyright Infringement Claims
  37. Creator of infamous Playpen website sentenced to 30 years in prison
  38. Kardashian lumped with lawsuit over Instagram snap
  39. Third verse same as the first – Will Richard Prince’s transformation defense work yet again?
  40. 5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor
  41. Megaupload users still can’t get data back: The answer for users waiting five years for their seized data? Keep waiting.
  42. YouTube taps creators, celebrities for new original shows on ad-supported site: Fitness with Kevin Hart, behind-the-scenes with Ellen, and more.
  43. Lyor Cohen, YouTube’s music ambassador, makes his case to the big music labels: Warner Music Group signed a deal with YouTube and then complained about it. Here’s the video site’s response
  44. Maker Studios wrapped up in new, more ‘curated’ Disney YouTube network
  45. Disney rebrands all Youtube content under Disney Digital Network: Maker Studios output subsumed into new ‘Polaris’ channel
  46. Time Inc. To Launch ‘Sports Illustrated’ SVOD Service, Slew Of Social Video Brands
  47. What’s Wrong With Twitter’s Live-Video Strategy
  48. Anti-Authoritarian Book Club: Twitter And Tear Gas (James Grimmelmann)
  49. Report: Uber faces federal criminal probe over regulator-evading software
  50. Imagination Technologies can’t resolve Apple IP spat, opens formal dispute: Starting in 2019, Apple will no longer use firm’s designs.
  51. Tim Cook announces $1 billion investment in “advanced” US manufacturing: Apple also created a page highlighting the jobs it already supports in the US.
  52. When Internet Memes Infiltrate the Physical World: Deplorable frogs and “nasty women” aren’t just online for comic relief. They’re central to how people engage with political issues.
  53. What You Need to Know About Emoji Law (Yes, That’s a Thing)
  54. Surveying the Law of Emojis (Eric Goldman)
  55. Copyright Considerations for using Emoji in Commercial Ads
  56. Data is giving rise to a new economy
  57. Why Do Gas Station Prices Constantly Change? Blame the Algorithm: Retailers are using artificial-intelligence software to set optimal prices, testing textbook theories of competition; antitrust officials worry such systems raise prices for consumers
  58. SpaceX Just Laid out a Plan to Give Everyone Internet Access
  59. US Legislators Form VR-centric “Reality Caucus” to Guide Immersive Technology Policy
  60. Verizon Is Paying the NFL $21 Million for Exclusive Streaming Rights to One Football Game
  61. Premier League scores a big win against illegal streaming
  62. Snapchat lines up media companies to produce original shows for Snap TV: Could your next favorite show be a Snapchat exclusive?
  63. Amazon Alexa Will Now Wait On Seattle Mariners Fans In Private Suites At Safeco Field
  64. Alexa, is Amazon poised to control the connected ecosystem of the future?
  65. Social media and personal injury lawsuits
  66. Libel in the age of the Internet: click with caution
  67. Building a Better Loom: How technology might serve, rather than hinder, democracy
  68. How Vladimir Putin mastered the art of ‘online Judo’ – and why the west should be worried: Russia is using the internet’s idealistic freedom as a hybrid-warfare weapon against the west
  69. The inventor of the web Tim Berners-Lee on the future of the internet, ‘fake news,’ and why net neutrality is so important
  70. Google and Facebook aren’t fighting fake news with the right weapons
  71. Facing digital reality: Regulation, product complexity, and insurers’ large balance sheets have kept digital attackers from insurers’ gates. That is changing, but in ways incumbents should embrace. They can flourish in the digital age—if they move swiftly and decisively.
  72. The meaning of life in a world without work
  73. As technology renders jobs obsolete, what will keep us busy? Sapiens author Yuval Noah Harari examines ‘the useless class’ and a new quest for purpose
  74. University Of Alberta Develops Smallest-Ever Edmonton Oilers Logo Via Nanotechnology

CREATIVITY

  1. Spanish Citizen Sentenced To Jail For Creating ‘Unhealthy Humoristic Environment’
  2. Police Union Sues Toy Gun Maker For Not Doing Enough To Keep Cleveland Cops From Killing 12-Year-Old Boys
  3. Rome Court of Appeal confirms that mere indication of a work’s title is enough to trigger hosting provider’s liability
  4. CJEU to rule on enforceability of German press publishers’ right
  5. Molteni and Cassina duke it out over Gio Ponti chair design
  6. “Turn Down for What” Becomes Latest Target for “Blurred Lines” Lawyer
  7. US Entertainment Firm Milks Croatian Concert Promoter With Trademark Rights It May Never Have Owned
  8. Sad Raiders Fans Fail To Keep Team In Oakland By Squatting On Trademark
  9. A Photographer Sued a Student Over a School Project. Guess How That Turned Out–Reiner v. Nishimori (Eric Goldman)
  10. How Zeke Smith’s Being Outed as Trans May Have Gotten Him Kicked Off Survivor
  11. “Digital Is Cheaper” & Other Bogus Arguments
  12. Illinois right of publicity allows truthful statements about performers in ads (Rebecca Tushnet)
  13. Engineered To Deceive: Many of today’s visual artists are technological innovators, using advanced materials, industrial design, and sophisticated light manipulation to build experiences that trick your brain. Look inside their imaginations—and allow them to expand your own.
  14. Is It “Fake News” To Call The Media “Fake News?”
  15. The Local News Business Model
  16. Vogue India Celebrated Its 10th Anniversary by Getting Kendall Jenner Into Even More Trouble
  17. Coca-Cola and Music: A Case Study
  18. The New Intellectuals: Political wars on college campuses aren’t really about free speech. They’re about what it means to be a student.
  19. The Art Market’s Modigliani Forgery Epidemic: A skyrocketing interest in Amedeo Modigliani’s work is producing Picasso-level price tags, with major museum shows stoking the flame. Buyers are wary, though: the mystery surrounding one of the world’s most-faked artists has led to death threats, lawsuits, and hoaxes.
  20. Branding “Vaverisms”: All I Really Need To Know I Learned From His Quips 

SURVEILLANCE & PRIVACY

  1. Massive vulnerability in Windows Defender leaves most Windows PCs vulnerable: PCs can be compromised when Defender scans an e-mail or IM; patch has been issued.
  2. Google phishing attack was foretold by researchers—and it may have used their code: A potential threat from spoofing Google applications was cited in 2011.
  3. Security News This Week: Oh Good, Hackers Beat Two-Factor to Rob Bank Accounts
  4. Man: Border agents threatened to “be dicks,” take my phone if I didn’t unlock it – “I believe strongly in the Constitution and in my right to privacy.”
  5. Privacy, Poverty and Big Data: A Matrix of Vulnerabilities for Poor Americans
  6. How Privacy Became a Commodity for the Rich and Powerful
  7. Lawyers: How can we scrutinize surveillance records that remain sealed?: Stanford attorneys make unusual request to a federal court itself, DOJ opposes.
  8. Lawyer: Cops “deliberately misled” judge who seemingly signed off on stingray – “Any system that is not transparent is inherently corrupt.”
  9. Watch a cop’s staged body cam footage made “to look like it was done in real-time”: “The staging was done in such a way to make it look like it was done in real-time.”
  10. Ahead Of His Senate Hearing, James Comey Pushes His ‘Going Dark’ Theory
  11. James Comey Says Real Journalists Check With The Government Before Publication
  12. Feds propose heightened social media vetting of visa applicants: Plan applies to applicants “who have been determined to warrant additional scrutiny.”
  13. Investigatory Powers Act: Back doors, black boxes, and tech capability regs: Expert legal analysis of the UK’s spy law and what it could mean for end-to-end crypto.
  14. Hidden Cameras And Zoom Lenses: Meet The Voyeur Pornographers: Revenge porn gets all the attention, but other forms of nonconsensual adult content are thriving under the radar
  15. Is Facebook Taking Its First Steps Into VR Surveillance?: With new ‘Spaces’ app, privacy advocates warn it could one day offer a wealth of new data to advertisers
  16. More Android phones than ever are covertly listening for inaudible sounds in ads: Your Android phone may be listening to ultrasonic ad beacons without your knowledge.
  17. Your Keystrokes Can Reveal Who You Are — And How You Feel: An NYU researcher is using machine learning to show how easy it is to identify people and emotions from typing patterns
  18. Happy or sad? Your future car might know the difference: Using deep learning technology, Affectiva developed an emotion recognition engine, and it promises to make cars much more human.
  19. How Facial Recognition Will Help Doctors Take Better Care Of Babies: Medical researchers are developing facial analysis apps that diagnose genetic disorders and monitor babies’ pain
  20. Facial Recognition Helps Parents Find Son 27 Years After Abduction: Tens of thousands of Chinese children are kidnapped every year, but artificial intelligence is helping families reunite
  21. Internet Privacy – ISP Snooping and U.S. Surveillance Laws 

Jon

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News of the Week; March 3, 2017

By Jon Festinger on May 8, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Ex-CRTC commissioner claims victory following Federal Court ruling
  2. Why Canada’s Net Neutrality Commitment Places Consumers in Control (Michael Geist)
  3. Too little, too late? FCC wins net neutrality court case: Wheeler’s court win over ISPs reaffirmed, but Pai plans to overturn the rules.
  4. ISPs Lose En Banc Appeal, Current Net Neutrality Rules Remain Intact…For Now
  5. GOP’s “Internet Freedom Act” permanently guts net neutrality authority: ISPs would gain the freedom to block and throttle websites and applications.
  6. Don’t Get Fooled: The Plan Is To Kill Net Neutrality While Pretending It’s Being Protected
  7. F.C.C. Invokes Internet Freedom While Trying to Kill It
  8. Verizon and AT&T both launched misleading services this week — and it points to a larger problem
  9. Verizon’s bizarre claim that the FCC isn’t killing net neutrality rules: Verizon says it supports open Internet rules despite its role in ending them.
  10. New Verizon Video Blatantly Lies About What’s Happening To Net Neutrality
  11. Net neutrality rules took away your Internet freedom, FCC chair claims: It’s not clear exactly which “freedoms” ordinary consumers lost.
  12. Soundboard Technology Calls Qualify as Robocalls Under TCPA
  13. Google Fiber building in Louisville despite lawsuit from AT&T and Charter: Google Fiber filing permit to begin construction in Louisville.
  14. ESPN Axes Long-Standing Reporters, But Not The Execs That Failed To See Cord Cutting Coming
  15. How ESPN Became A Conservative Cause: Conservative media has seen ESPN’s business problems through the prism of politics. But the network’s struggles are much more straightforward.
  16. Choosing which cable channels to provide is speech, but offering Internet access is not
  17. Broadband Internet Service Providers In Regulatory Limbo After Repeal of FCC Privacy and Data Security Rules

DIGITAL

  1. Report: Facebook helped advertisers target teens who feel “worthless”: Leaked 2017 document reveals FB Australia’s intent to exploit teens’ words, images.
  2. Facebook Told Advertisers How It Could Target Vulnerable Teens: “Anxious” and “overwhelmed” Australians as young as 14 were swept up by algorithm, though Facebook said it was never used to target ads
  3. Facebook: leaking info about gender bias damages our ‘recruiting brand’ – Tech company is disputing analysis that female engineers have code rejected 35% more than male engineers and said such leaks make it harder to hire women
  4. Facebook To Target Fake News “Information Operations”: The social media giant is getting serious about its role in global civics
  5. Facebook enters war against “information operations,” acknowledges election hijinx: Facebook no longer wants to be a tool for enlisting “useful idiots.”
  6. Facebook will hire 3,000 more moderators to keep deaths and crimes from being streamed
  7. Response To Facebook Video Of Murder Is The Call For An Actual ‘Godwin’s Law’
  8. Mounting Privacy Problems In Europe For Facebook’s Acquisition Of WhatsApp
  9. The Age of Misinformation: Facebook, Twitter, Google, and Microsoft must recognize a special responsibility for the parts of their services that host or inform public discourse. (Jonathan Zittrain)
  10. A Look at Government Censorship in the Age of Facebook
  11. The Terrible History Of Using Biased Technology To Lock People Up: Courts are relying on racist algorithms in judicial decisions — apparently we’ve learned nothing from the rise and fall of the polygraph
  12. More penalties for digital “drip pricing” 
  13. New Tools Allow Voice Patterns To Be Cloned To Produce Realistic But Fake Sounds Of Anyone Saying Anything
  14. Zillow Sued By Homeowner Because Its Estimate Is Lower Than The Seller Wants To Sell The House For
  15. New Private Right of Action in Canada for False or Misleading Electronic Advertising
  16. Companies Don’t Really Want You to Read Their Terms of Service: As the uproar over Unroll.me shows, being opaque is part of their business model.
  17. Brands and Influencers Continue to Flout Disclosure Rules Despite FTC Warning
  18. Your Newest Instagram Follower, the FTC: Agency Reminds Endorsers and Marketers to #Disclose with Over 90 Warning Letters
  19. Website/App Provider in Hot Water for Ambiguous Privacy Policy
  20. Neo-Nazi website unleashed Internet trolls against a Jewish woman, lawsuit says
  21. Suing the trolls: A woman’s lawsuit against a neo-Nazi’s “troll storm” could change how to fight back against online harassment
  22. White Supremacists, Brought To You By Squarespace: Website building service Squarespace’s acceptable use policy bans bigotry. So why does it allow prominent white nationalists to use it to create their websites?
  23. ‘Troll Army’ Raises $24K In One Day For Neo-Nazi Leader’s Legal Fund: Andrew Anglin’s trolls are emptying their pockets to preserve his neo-Nazi blog
  24. 20,000 Chinese writers will create their own Wikipedia competitor
  25. Prior Exposure Increases Perceived Accuracy of Fake News (Gordon Pennycock, Tyrone Cannon, David Rand)
  26. Combating Fake News: An Agenda for Research and Action
  27. Copyright Troll Sends DMCA Notices Targeting Anti-Troll Websites & Lawyers
  28. DMCA and monitoring – damned if you do, damned if you don’t?
  29. Kodi: The copyright cops want to lock up this free and legal TV app – Fully loaded Kodi boxes, the future of home entertainment, are a thorn in the side of Big Content 
  30. Italian court finds Google and YouTube liable for failing to remove unlicensed content (but confirms eligibility for safe harbour protection)
  31. When a ‘Remix’ Is Plain Ole Plagiarism: Digital technologies make it easier for people to copy the work of other artists—yet the same tools make it more likely for them to get caught.
  32. Lawyering at the Edge of Innovation: A Conversation with Kent Walker, Google’s General Counsel and Senior Vice President
  33. Filmspeler, the right of communication to the public, and unlawful streams: a landmark decision
  34. You Can’t Be Fired For a Facebook Post Calling Your Boss a “LOSER”–NLRB v. Pier Sixty
  35. Google rater fired after speaking to Ars about work conditions: After public revelations, workers report chaos, layoffs, and at least one firing.
  36. Internal Uber e-mail reveals Levandowski stepping down from self-driving car job: “I will be recused from all LiDAR-related work and management at Uber.”
  37. Sent to Prison by a Software Program’s Secret Algorithms
  38. Washington State Enacts Law Defining Licensing Requirements for Transmitters of Money and Virtual Currency
  39. The Internet of Things Needs a Code of Ethics: Technology is evolving faster than the legal and moral frameworks needed to manage it.
  40. Catching Up On Some Recent Click Fraud Rulings (Eric Goldman)
  41. Will Technology Destroy Our Democracy–or Save It? A Series of Papers at The Atlantic (Eric Goldman)
  42. European Court Of Justice Tightens Screws On “Streaming”
  43. Twitter Goes Bigger On Video With 16 New Streaming Partnerships
  44. Twitter Announces New Sports Live Streaming Initiatives With 24-Hour Sports Channel, NFL, WNBA, PGA TOUR
  45. Hulu’s Live TV Service Launches To Save You From Your Cable Bill
  46. Hulu debuts $40-per-month live TV streaming service with over 50 channels: And it includes Hulu’s regular subscription content, too.
  47. Yik Yak is finally relegated to the dustbin of Internet history: Founders not totally closing up shop, will “start tinkering around” for a while.
  48. Why is Microsoft trying to turn its Surface business into the next Nokia?: Microsoft is developing a worrying habit of neglecting its hardware products.
  49. Samsung could displace Intel as the world’s biggest chip company in 2017
  50. Dating App Lets You Flirt With Coworkers On Slack: Feeld introduces a Slack bot to encourage workplace romances
  51. DARPA Is Planning to Hack the Human Brain to Let Us “Upload” Skills
  52. The Google Assistant SDK will let you run the Assistant on anything: Build your own Google Home out of whatever you want.
  53. YouTube Says Its Six-Second Ads Result In “Significant” Lift In 70% Of Cases
  54. Apple Music To Supply Songs For Musical.ly As Part Of Larger Partnership
  55. This Week In Creative Commons History 

CREATIVITY

  1. French Court Finds Jeff Koons Appropriated Copyrighted Photograph That “Saved Him Creative Work”
  2. Khloé Kardashian sued by paparazzi agency for copyright infringement
  3. Kardashian #copyright saga
  4. Andy Warhol Foundation Asks SDNY to Declare Prince Series Not Infringing
  5. The Michelle Obama Mural Controversy, Explained
  6. Myth: Fair use decimated educational publishing in Canada
  7. Can You Copyright Infringe Anonymously?
  8. This Is The Story About Robert Kraft’s Casino Holdings That Rupert Murdoch’s Paper Never Ran
  9. Game of Thrones-inspired SodaStream advert banned for being offensive
  10. Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy
  11. Australia’s Copyright Agency Keeps $11 Million Meant For Authors, Uses It To Fight Introduction Of Fair Use
  12. Hacker leaks Orange is the New Black new season after ransom demands ignored: Breach of post-production company poses potential threat to many networks’ shows.
  13. That Orange Is the New Black Leak Was Never Going to Pay Off
  14. Hacker Extortion Attempt Falls Flat Because Netflix Actually Competes With Piracy
  15. The Company Behind “The National Enquirer” Just Bought “Us Weekly” — Here’s Why That Matters: American Media — the company behind the National Enquirer, Radar Online, and a handful of others — recently acquired Us Weekly. Its editorial director, Dylan Howard, has an old-fashioned newfangled vision for the future of the tabloid in the era of Trump.
  16. Is ‘Wonder Woman’ receiving the same advertising treatment as her Justice League peers?
  17. Parody Protection For Fair Use Is Important: Taiwanese Man Faces Jail Time Over Parody Videos Of Movies
  18. Exclusive: The Leaked Fyre Festival Pitch Deck Is Beyond Parody – But it’s also the latest chapter in the battle between consumers and advertisers in the digital age.
  19. ‘Hot Girls Wanted’ Producers Deny Outing Sex Workers: They also mock their accusers and allege that sex workers were pressured into making claims against the Netflix series
  20. Mac DeMarco Tells Concert Goers To Go Pirate His Music
  21. The Reports Of The Record Industry’s Rebirth Are Greatly Exaggerated
  22. New York City’s Museum of Trash Rescued by a Sanitation Worker: Tucked away on the second floor of an East Harlem garage, the Treasures in the Trash Museum features items saved from the landfill over three decades by Nelson Molina.
  23. Could libel laws change under Trump?
  24. No, President Trump Isn’t Ditching The First Amendment, But He Is Undermining Free Speech
  25. Is It Time To Examine The Concept Of Originality In Musical Works? (Andres Guadamuz)
  26. Is Trademark Dilution a Unicorn? An Experimental Investigation (Barton Beebe, Roy Germano, Christopher Jon Sprigman & Joel Steckel)
  27. What does a counterfeit look like? (Rebecca Tushnet)
  28. US companies can be enjoined from false advertising in China (Rebecca Tushnet) 

SURVEILLANCE & PRIVACY

  1. Public Safety Committee Recommends Against Lawful Access Reforms (Michael Geist)
  2. MPs calling on federal government to boost protection of Canadian civil liberties: Liberals on the Commons public safety committee have made 41 recommendations designed to increase oversight.
  3. A Feast of Commons Reports: National Security Studies by ETHI and SECU Released (Craig Forcese)
  4. VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN
  5. Russian-controlled telecom hijacks financial services’ Internet traffic: Visa, MasterCard, and Symantec among dozens affected by “suspicious” BGP mishap.
  6. Russia Tries To Deliver The Killing Blow To VPN Use
  7. Personal Security Takes A Hit With Public Release Of NSA’s Hacking Toolkit
  8. Facebook Reports More Than Half Of Gov’t Demands For Content And Data Come With Gag Orders Attached
  9. US Intelligence “transparency report” reveals breadth of surveillance by NSA, others: Over 151 million call records collected to track 42 targets under new “limited” access arrangement.
  10. The Email Collection The NSA Shut Down Has Been Abused For Years
  11. Surprise: NSA Stops Collecting Americans’ Emails ‘About’ Foreign Targets
  12. The NSA’s 702 Shutdown Is Good News, But There Are A Whole Lot Of Caveats
  13. NSA ends spying on messages Americans send about foreign surveillance targets: FISA court narrows what NSA can collect, because NSA can’t stop “incidental” collection.
  14. Sextortion suspect must unlock her seized iPhone, judge rules: “For me, this is like turning over a key to a safety deposit box.”
  15. Sketchy Bogus Crowdfunding Campaigns To ‘Buy’ Congress’s Private Web Browsing… Only Now Realize That’s Impossible
  16. Punching holes in nomx, the world’s “most secure” communications protocol: Extraordinary claims require extraordinary proof, and nomx implodes under scrutiny.
  17. Miami sextortion case asks if a suspect can be forced to decrypt an iPhone: Does the Fifth Amendment mean you don’t have to hand over your password?
  18. A False Facial Recognition Match Cost This Man Everything: Denver resident Steve Talley files $10 million lawsuit after face-matching technology ruined his life
  19. All your Googles are belong to us: Look out for the Google Docs phishing worm: An e-mail disguised as a Google Docs share is ingenious bit of malicious phishing.
  20. Don’t trust OAuth: Why the “Google Docs” worm was so convincing – You really think someone would just go on the Internet and tell lies?
  21. The spammer who logged into my PC and installed Microsoft Office: Spam text made a tempting offer—so I let the spammer take control of my PC.
  22. A Cloud Over the Microsoft Warrant Case
  23. Babies and Baby-making, or Not… Privacy and Security Lessons for the Internet of Things

Jon

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News of the Week; March 26, 2017

By Jon Festinger on May 2, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. As US prepares to gut net neutrality rules, Canada strengthens them: Canada cracks down on zero-rating while FCC allows paid data cap exemptions.
  2. Canada Rushes To Defend Net Neutrality As The U.S. Moves To Dismantle It
  3. As U.S. gears up for Internet fight, Canada sees an opportunity
  4. A very Canadian approach: How net neutrality rules reflect a country’s true nature: Reasonable, fair, no-nonsense. Typical Canucks
  5. Canada Just Took a Major Stand for Net Neutrality
  6. Win for citizens as CRTC framework will help prevent telecoms from engaging in differential pricing practices: Today’s ruling strengthens Net Neutrality protections by discouraging telecom providers from zero-rating certain apps and services and not others
  7. Net Neutrality is alive and well in Canada (Scott Prescott)
  8. Net Neutrality Alive and Well in Canada: CRTC Crafts Full Code With Zero Rating Decision (Michael Geist)
  9. CRTC’s Zero Rating Ruling Kills Proposals for Preferential Treatment for Cancon Online (Michael Geist)
  10. Dispelling the net neutrality and zero rating FUD (Peter Nowak)
  11. CRTC Chair Blais Calls Out Telcos For Double-Talk on Internet Fibre Investment (Michael Geist)
  12. Telecom Regulatory Policy CRTC 2017-104: Framework for assessing the differential pricing practices of Internet service providers
  13. Ajit Pai announces plan to eliminate Title II net neutrality rules: Vote to begin net neutrality rollback scheduled for May 18.
  14. FCC Chair Ajit Pai Announces Plan to Destroy Net Neutrality
  15. FCC Boss Unveils Ingenious Plan To Replace Net Neutrality Rules With Fluff & Nonsense
  16. Comcast and other ISPs celebrate imminent death of net neutrality rules: ISPs say they support net neutrality—but oppose FCC’s authority to enforce it.
  17. FCC helps AT&T and Verizon charge more by ending broadband price caps: Business Internet price caps eliminated even when customers have only one choice.
  18. FCC Moves To Make Life Easier For Business Broadband Monopolies
  19. Mobile industry loses its bid to stop Berkeley’s cellphone warning law – 9th Circuit: Local law actually “complements and reinforces” federal law, policy.
  20. Verizon lost 400,000 customers in the 6 weeks before it launched unlimited data: Verizon turned things around but still lost 289,000 phone subscribers.
  21. FCC Changes in Rules on Computation of Foreign Ownership of Broadcast Stations Now Effective 
  22. In Trump era, Rachel Maddow starts beating Fox News
  23. CTV Toronto (CFTO-DT) & CP24 re promos for CHUM-FM (CBSC decision)
  24. Another Reminder to Comply with CASL: The CRTC Imposes $15,000 Penalty for Non-Compliance 

DIGITAL

  1. Can Facebook Fix Its Own Worst Bug?
  2. Father in Thailand Kills 11-Month-Old Daughter Live on Facebook
  3. Facebook shows Related Articles and fact checkers before you open links
  4. Facebook To Reportedly Pay Publishers To Create Videos That Feature New Mid-Roll Ads
  5. The Weird Antitrust Questions Of A Google Chrome Ad Blocker
  6. Torching the Modern-Day Library of Alexandria: “Somewhere at Google there is a database containing 25 million books and nobody is allowed to read them.”
  7. Google pushes fake news, hate-speech workshops (and YouTube) on UK teens: After backlash over censored LGBTQ+ content, Google debuts “Internet Citizens” project.
  8. Wikitribune is Jimmy Wales’ attempt to wage war on fake news: Wikipedia cofounder says pages won’t go live until trusted volunteers verify stories.
  9. Palantir settles US charges that it discriminated against Asian engineers
  10. The Surprising Speed with Which We Become Polarized Online: Users isolate themselves in social media echo chambers, even when they start out looking at a variety of posts.
  11. Instagram Now Has 700 Million Users
  12. Khloe Kardashian Sued for Posting a Photo of Khloe Kardashian on Instagram: This follows a lawsuit focused on Tom Holland republishing an image of Tom Holland on Instagram.
  13. More Shady Libel Lawsuits Resulting In Dubious Delisting Court Orders Uncovered
  14. Feds Say Jewelry Company CEO Scrubbed Google Results With Fake Court Orders And Forged Judge’s Signatures
  15. Five years later, legal Megaupload data is still trapped on dead servers: EFF lawyers head to appeals court to demand one man’s data.
  16. Dutch Court Rules That Freely Given Fan-Subtitles Are Copyright Infringement
  17. Fansubs for TV shows and movies are illegal, court rules: Anti-piracy group tells Dutch court they damage the industry.
  18. CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’
  19. Higher Regional Court of Düsseldorf applies CJEU McFadden decision
  20. Car Ad Websites Slightly “Scraped” in Copyright Case, Court Puts Brakes on Statutory Damages Minimums
  21. After Bill Gates Backs Open Access, Steve Ballmer Discovers The Joys Of Open Data
  22. Silicon Valley Losing Ground in Washington
  23. Oh Yes They Did! – Ninth Circuit Holds that Use of Moderators May Impact DMCA Safe Harbor Shield
  24. Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird (Eric Goldman)
  25. Can Your Employer Fire You For Posting Vacation Photos to Facebook?-Jones v. Accentia (Eric Goldman)
  26. Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber (Eric Goldman)
  27. Uber’s app fingerprinted iPhone hardware, breaking App Store rules 
  28. Man sues Confide: I wouldn’t have spent $7/month if I’d known it was flawed
  29. Patent-holding company uses ex-Nokia patents to sue Apple, phone carriers: Nokia has spread its patents around widely, and they keep popping up in lawsuits.
  30. Singapore Court Tosses Copyright Troll Cases Because IP Addresses Aren’t Good Enough Evidence
  31. He Tweeted About Chinese Government Corruption. Twitter Suspended His Account.
  32. Russia Is Trying to Copy China’s Approach to Internet Censorship
  33. Russian man gets longest-ever US hacking sentence, 27 years in prison: Roman Seleznev bankrupted businesses, did $170 million in damage.
  34. Internet Censorship Is Advancing Under Trump: We expect attacks on internet speech in Zimbabwe and Russia. Under Trump, it’s hitting home.
  35. Russian DNC Hackers Are Now Targeting Germany’s Merkel — Report
  36. Russia’s Fake News Crusade Is Still Pushing For Le Pen: Kremlin-backed news sites at home and abroad have long favored the pro-Russia French presidential candidate
  37. NY Judge Says Prior Restraint Is America’s Best Defense Against Internet ‘Chaos’
  38. North Korean Media: A Story of Language, Censorship, and Tech
  39. Governing body declares: No IP addresses for governments that shut down internet access
  40. Netflix Hits 100 Million Subscribers, Vows To Raise Another Billion Dollars Of Debt
  41. Cord Cutting Is Very Real, And 25% Of Americans Won’t Subscribe To Traditional Cable By Next Year
  42. Here Comes The Attempt To Reframe Silicon Valley As Modern Robber Barons
  43. Here’s Everything You Need to Know about Elon Musk’s Human/AI Brain Merge
  44. With Neuralink, Elon Musk Promises Human-to-Human Telepathy. Don’t Believe It.: Why the billionaire is wrong that telepathy technology will be available in a few short years.
  45. How Garry Kasparov Learned To Stop Worrying & Love The Machines That Beat Him At His Job
  46. YouTube TV review: Not a game-changer out of the gate, but it could be soon – Using it is easy, but it doesn’t offer multiple tiers or apps for many platforms.
  47. Twitter: PGA TOUR LIVE Averages Almost 500,000 Unique Viewers Daily
  48. Regulation of Fintech in Canada
  49. 162 Tech Companies Tell Appeals Court That Trump’s 2nd Travel Ban Is Illegal
  50. Make America Troll Again (James Grimmelmann)
  51. Programming is Forgetting: Toward a New Hacker Ethic
  52. Picture this: Senate staffers’ ID cards have photo of smart chip, no security: Senate employees just use passwords, and their badges sport a picture of an alternative.
  53. Senate ID Cards Use A Photo Of A Chip Rather Than An Actual Smart Chip
  54. How Should a Lawyer Respond to a Yelp Review Calling Him “Worst. Ever.”?–Spencer v. Glover (Eric Goldman)
  55. Rubbing Elbows and Blowing Smoke: Gender, Class, and Science in the Nineteenth-Century Patent Office (Kara Swanson)
  56. An AI wrote all of David Hasselhoff’s lines in this bizarre short film – Ars film debut: Watch It’s No Game and meet the Hoffbot, written by an algorithm.

CREATIVITY

  1. This Lawsuit Goes to 11: The creators of This is Spinal Tap, the most influential mockumentary ever made, have been paid almost nothing. The rock gods are angry.
  2. Beyoncé Aims to End Copyright Suit Against “Formation”: The singer says the claims against her are “grossly overstated.”
  3. Copyright Law Precludes Athletes’ Publicity Rights Suit, Ninth Circuit Rules
  4. Artist Sues Church For Moving His 9/11 Memorial Sculpture
  5. Texas Lawmaker Wants To Decide Who’s A Real Journalist, Make It Easier To Sue Them
  6. Charging Bull, Fearless Girl and comparative moral rights
  7. Horizon’s Copyright Claim Against Marvel’s Iron Man Promotional Poster Survives Motion to Dismiss 
  8. Sixth Circuit has nominative fair use sans la letter: Oaklawn Jockey Club, Inc. v. Kentucky Downs, LLC, No. 16-5582 (6th Cir. Apr. 19, 2017)
  9. Is France Right To Criminalize Online Hate Speech?: Facebook says it’s wary of crossing the boundary into censorship but minorities say France’s muscular approach on the ground is the bigger problem
  10. The Reel Story: Why Changing How We Measure a “Canadian Film” is Long Overdue (Michael Geist)
  11. A Chicago Artist is Under Fire For Plagiarizing a Black Woman’s Artwork For His Michelle Obama Mural
  12. Australian Copyright Scandal Points to the Need for Greater Oversight of Copyright Collectives (Michael Geist)
  13. Duke Ellington And Copyright: Five Things You Should Know

SURVEILLANCE & PRIVACY

  1. Search Warrant Gag Order Successfully Challenged In Court
  2. The U.S. government’s ‘witch hunt’ to root out a Trump critic has now sparked an investigation
  3. Man suspected in wife’s murder after her Fitbit data doesn’t match his alibi: Officials say the timeline given by Richard Dabate, accused of killing his wife in their Connecticut home, is at odds with data collected by her wearable device
  4. IoT Privacy Lawsuit- Bose sued for taking headphone data without consent!
  5. Silicon Valley security robot beat up in parking lot, police say: The droid can scan 300 license plates a minute.
  6. A vigilante is putting a huge amount of work into infecting IoT devices: When it comes to features and robustness, Hajime surpasses its blackhat rivals.
  7. Malware Hunts And Kills Poorly Secured Internet Of Things Devices Before They Can Be Integrated Into Botnets
  8. Lessons from the FTC’s First Enforcement Action Against an IoT Company 
  9. Amazon’s Echo Look takes outfit photos and suggests the best styles for you: Is the mirror-selfie dead?
  10. Amazon Wants To Put A Camera In Your Bedroom To Watch You Dress: The Echo Look will mine your mirror selfies and judge your style. What’s unclear is how else this data will be used
  11. Amazon Wants to Put a Camera and Microphone in Your Bedroom: Echo Look will use machine learning to decide if you look fat in that shirt.
  12. Activist’s protest against practice of ‘carding’ derails Toronto police board meeting: Meeting adjourned after journalist Desmond Cole refuses to leave following deputation. Of data collected on citizens by police, Cole said: “It was never your information to take in the first place.”
  13. >10,000 Windows computers may be infected by advanced NSA backdoor: Did script kiddies use DoublePulsar code released by NSA-leaking Shadow Brokers?
  14. NSA backdoor detected on >55,000 Windows boxes can now be remotely removed: Microsoft dismisses DoublePulsar infection estimates, but otherwise remains silent.
  15. Tanium CEO admits using real hospital data in sales demos
  16. Windows bug used to spread Stuxnet remains world’s most exploited: Code-execution flaw is triggered by plugging a booby-trapped USB into vulnerable PCs.
  17. Taking Trust Seriously In Privacy Law (Neil Richards & Woodrow Hartzog)

Jon

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News of the Week; April 19, 2017

By Jon Festinger on April 23, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Bill O’Reilly out at Fox after harassment allegations
  2. Fox News Found the Perfect Woman-Hater to Replace Bill O’Reilly 
  3. Alex Jones’ Defense in Upcoming Custody Battle Is That He’s a Fake
  4. When Is An Insane Conspiracy Theorist A Bad Parent?: Bizarre strategy in Alex Jones case.
  5. FTC Commissioner: If The FCC Kills Net Neutrality, Don’t Expect Our Help
  6. Web Firms Urge FCC to Preserve Open Internet Order
  7. Don’t Wait For Google, Netflix Or Facebook’s Help If You Want To Save Net Neutrality
  8. Roku Hires DC Lobbyists For First Time To Fight For Net Neutrality
  9. Verizon CEO: We’d consider merger with almost anyone, including Comcast: No deal is imminent as Verizon CEO claims no one has the fiber to match Verizon.
  10. FCC helps AT&T and Time Warner avoid lengthy merger review: Time Warner sells a TV station to avoid public interest review of AT&T deal.
  11. One broadband choice counts as “competition” in new FCC proposal: Price caps would be eliminated when there’s one more ISP within half a mile.
  12. Future of FCC Privacy Rules Unclear
  13. NBC Reaches Deal With TV Affiliates for Opting in to Internet Video Distribution Agreements
  14. T-Mobile dominates spectrum auction, will boost LTE network across US: Dish, Comcast, and US Cellular also bought plenty of 600MHz spectrum.
  15. Ofcom fine BT a record breaking £42 million: A move to a more punitive approach?
  16. The Internet as Cable: The Risk of Treating Telecommunications as Cultural Policy (Michael Geist)
  17. Canada’s analog broadcasting policy makes no sense in a digital world (Michael Geist)

DIGITAL

  1. Facebook video of elderly man being murdered gets over 1.6 million views: Grandson urges the public to stop sharing footage of his grandfather being killed.
  2. Moral Panics: Don’t Blame Facebook Because Some Guy Posted His Murder Video There
  3. The man behind the neo-Nazi Daily Stormer website is being sued by one of his ‘troll storm’ targets
  4. Lawsuit: Neo-Nazi website owner is liable for harassing Montana real estate agent: “It’s that time, fam… ready for an old fashioned Troll Storm?”
  5. China’s Precision Censorship Machine Allows Some Controversial Keywords, But Blocks Combinations Of Them
  6. Facebook highlights its fight against “Fake News” in print: The 10 tips are basic news literacy, but Facebook wants the world to know.
  7. Facebook Launches New Camera Tools as a Foundation for Advanced Augmented Reality
  8. Video Calling, 3D Drawing, and Shared Experiences Inside Facebook’s Social VR App
  9. Facebook’s first VR app surprises, lets us collaborate and be juvenile: Has serious issues, but hand tracking, doodling, media sharing work great in VR “Spaces.”
  10. Facebook Finally Released Details on Their Top Secret Brain-Computer Interface
  11. Facebook is Researching Brain-Computer Interfaces, “Just the Kind of Interface AR Needs”
  12. Tumblr Is The Latest Platform To Launch A Co-Viewing App
  13. ‘Alien’, ‘Blade Runner’ Director Ridley Scott Launches VR Film Division
  14. Social Media Is Not Contributing Significantly to Political Polarization, Paper Says
  15. Secret Sorority Handshakes, Questionable Lawsuits, Free Speech, The Right To Be Forgotten And Section 230
  16. IoT garage door opener maker bricks customer’s product after bad review: Startup tells customer “Your unit will be denied server connection.”
  17. The Strange Story Of Why Millions Of Indians Are Furious At Snapchat: The social media company’s CEO allegedly said India and Spain were too poor to care about expanding there.
  18. How Opioid Addicts Are Using Social Media To Get Clean: Facebook groups and other online forums offer many addicts a digital path to recovery
  19. Everything on the Dark Web is not illegal, only half!
  20. FTC Staff Reminds Brands and Influencers About Disclosure Requirements
  21. Kim Kardashian West promotes morning sickness drug on Instagram despite previous FDA warning
  22. Top 100 Most Viewed YouTube Channels Worldwide • March 2017
  23. Music industry goes to war with YouTube: Record labels are angry about the relatively small fees the platform pays for music videos compared with streaming services
  24. Patent troll with an “Internet Drink Mixer” and a nonexistent office could be in trouble
  25. EFF Goes To Court To Stop Australian Patent Troll From Stifling Free Speech
  26. How a Law School Is Preparing Its Students to Compete Against AI
  27. Machines Learn To Stereotype Humans Just Like Humans: Researchers find AI systems are ready and willing to adopt racial and gender biases
  28. Princeton researchers discover why AI become racist and sexist: Study of language bias has implications for AI as well as human cognition.
  29. Report: Google will add an ad blocker to all versions of Chrome Web browser – The owner of the Web’s biggest advertising platform is building an ad blocker?
  30. FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts (Eric Goldman)
  31. The Future of Ad Blocking: An Analytical Framework and New Techniques (Grant Storey, Dillon Reisman, Jonathan Mayer & Arvind Narayanan Princeton University)
  32. How Copyright Law Creates Biased Artificial Intelligence (Amanda Levendowski)

CREATIVITY

  1. Legal Threat From Creator Of Wall St. Bull Statue Even More Full Of Bull Than Expected
  2. No, The ‘Charging Bull’ Artist Can’t Force Anyone To Take Down ‘Fearless Girl’
  3. ‘Fearless Girl’ and ‘Charging Bull’ lurch towards courtroom showdown
  4. Public Art Installations: Is Fearless Girl ’s girl power trampling moral rights in Charging Bull ? We say no.
  5. On Fearless Girl, women & public art; or, no, seriously, the guy does not have a point.
  6. Separating Art from Function: Supreme Court Creates Copyright Test for Designs
  7. Asos Accused Of Ripping Off Indie Brand After Visiting Its Showroom
  8. My Other Bag Seeks Nearly $1 Million in Legal Fees in Louis Vuitton Case
  9. Bushwick Street Artists Threaten Legal Action Against McDonald’s for Using Their Work: The work appeared in a Dutch ad titled “McDonald’s Presents the Vibe of Bushwick NY.”
  10. Copyright Society’s ‘World IP Day’ Lesson: Give Us Your Copyrights For Nothing
  11. An interview with Michael Geist: copyright reform in Canada and beyond
  12. Fair Dealing in Canada: Dry Erase Boards and Overhead Projectors – Believe It Or Not?
  13. European Court Of Human Rights Revisits Once More Intermediary Liability
  14. Cara Delevingne Rimmel mascara ad banned for airbrushing: Watchdog pulls TV campaign promising ‘dangerously bold lashes’ for using inserts and redrawing to exaggerate effects
  15. How Artists Push Social Change
  16. Copyright in the Public Interest: How Canada Can Establish a Pro-Innovation Reform Agenda
  17. Someone tried to own ‘take off, eh’: Secrets from the Canadian trademarks database
  18. Copyright’s missing voices
  19. Copyright Reform in Canada and Beyond (Michael Geist)

SURVEILLANCE & PRIVACY

  1. Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner (Eric Goldman)
  2. Lawyers, malware, and money: The antivirus market’s nasty fight over Cylance – On the front lines of the antivirus industry’s “testing wars.”
  3. Massachusetts AG Settles Geofencing Case 
  4. Geotargeting Medical Facilities? Massachusetts Says ‘No Snoop For You!’ 
  5. These Popular Headphones Spy on Users, Lawsuit Says
  6. Bose headphones spy on listeners: lawsuit
  7. German Consumers Face $26,500 Fine If They Don’t Destroy Poorly-Secured ‘Smart’ Doll
  8. Microsoft Latest Service Provider To Pry A National Security Letter Free From Its Gag Order
  9. Apple Takes Heat For Software Lock That Prevents iPhone 7 Home Button Replacement By Third-Party Vendors
  10. The Teddy Bear And Toaster Act Is Device Regulation Done Wrong
  11. The Illicit Aura of Information
  12. NSA-leaking Shadow Brokers just dumped its most damaging release yet: Windows zero-days, SWIFT bank hacks, slick exploit loader among the contents.
  13. Liberal inaction frustrates Canada’s exiting information watchdog: Stepping down, but not quietly, Suzanne Legault urges reforms to open up Ottawa
  14. Hypocritical CIA Director Goes On Rant About Wikileaks, Free Speech
  15. Vigilante botnet infects IoT devices before blackhats can hijack them: Hajime battles with Mirai for control over the Internet of poorly secured things.
  16. Legislation allowing warrantless student phone searches dies for now – Proponent: California law aimed to bolster student safety, help investigate cyberbullying.
  17. Why one Republican voted to kill privacy rules: “Nobody has to use the Internet”: Republicans encounter angry citizens after killing online privacy rules.
  18. Trump Privacy Rollback Continues, States Step Up 
  19. Claims under the Data Protection Act can be linked with defamation claims (U.K.)

Jon

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News of the Week; April 12, 2017

By Jon Festinger on April 22, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Paul, Weiss Investigating Bill O’Reilly
  2. Yochai Benkler: The Right-Wing Media Ecosystem
  3. FCC Kills Charter Merger Condition That Would Have Forced ISPs To Compete
  4. President Trump Nullifies FCC Broadband Consumer Privacy Rules 
  5. Yes, There Are Other Laws That Protect Privacy, But FCC’s Rules Were Still Helpful
  6. FCC chair wants to replace net neutrality with “voluntary” commitments: “Voluntary” net neutrality commitments may not be so easy to enforce.
  7. FCC Boss Wants ‘Voluntary’ ISP Net Neutrality Promises Instead Of Real Rules
  8. “Unenforceable”: How voluntary net neutrality lets ISPs call the shots – Pai’s plan would “tilt everything in favor of the incumbents,” regulator says.
  9. Ajit Pai can’t convince websites that killing net neutrality is a good idea: Reps for Amazon, Google, Facebook, Netflix lobby to keep net neutrality rules.
  10. Comcast to sell “unlimited” mobile plans that get throttled after 20GB: The good news is throttled speeds aren’t horrible at 1.5Mbps.
  11. 70% Support Letting Cities Build Their Own Broadband Networks, So Why Are We Still Passing State Laws Banning It?
  12. Murdoch’s multi-billion pound Sky/Fox merger bid gets thumbs up from EU – Brussels: Murdoch’s grab for full control of Sky isn’t a competition concern in Europe.

DIGITAL

  1. Appeals Court Rules Website Moderators Can Potentially Undercut Copyright Defense
  2. DMCA “safe harbor” up in the air for online sites that use moderators: Etsy, Kickstarter, Pinterest, and Tumblr say site moderation hangs in the balance.
  3. Dangerous Ruling On DMCA Safe Harbors May Backfire On Hollywood
  4. DMCA, Moral Rights and Photography
  5. Narcissism, Social Media and Power
  6. Yahoo Is Sued Over $17 Million Fund for Chinese Dissidents
  7. Qualcomm loses legal battle with Blackberry, must pay $815M: Huge, non-appealable award makes BlackBerry stock jump 15%.
  8. Qualcomm accuses Apple of Intel chip foul play, egging on regulatory attacks: Chipmaker demands “fair value for our technological contributions to the industry.”
  9. Amazon to refund $70m in IAP after year of legal appeals: Both Amazon and the FTC appealed aspects of a ruling made by the federal court in April 2016
  10. If Facebook Becomes The Internet’s Authentication System, Can Citizen Scores Around The World Be Far Behind?
  11. We Need More Alternatives to Facebook: Chastened by the negative effects of social media, Mark Zuckerberg says he will tweak his service and upgrade society in the process. Should any company be that powerful?
  12. Google expands automatic “fact check” insertion into search results: You’ll want to phrase your searches very carefully to trigger it.
  13. Uber said to use “sophisticated” software to defraud drivers, passengers: Class action says Uber’s “methodical scheme” manipulates rider fares, driver pay.
  14. Burger King’s new ad forces Google Home to advertise the Whopper
  15. Burger King ‘O.K. Google’ Ad Doesn’t Seem O.K. With Google
  16. Google Brings Fake News Fact-Checking to Search Results: Search giant is letting partners and publishers decide what’s true, what’s false and what’s in between.
  17. New York Attorney General Enters Digital Health App and Privacy Enforcement Fray: Announces Three Settlements with Health and Fitness App Providers’ Due to Efficacy Claims and Privacy Practices
  18. MPA Gets Ireland To Crack Open The Site-Blocking Door It Plans To Bust Through
  19. Ubuntu Unity is dead: Desktop will switch back to GNOME next year – Ubuntu phones and tablets also dead, but the desktop, server, and cloud live on.
  20. YouTube nixes monetization until channels hit 10,000 views: Video giant says move is an effort to crack down on impersonating channels
  21. Technology is a marvel – now let’s make it moral: If Britain is bold after Brexit, we can lead the way in demanding more control over our digital destiny
  22. Utah to treat certain virtual currency as abandoned property 
  23. What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors?
  24. Portugal Pushes Law To Partially Ban DRM, Allow Circumvention
  25. India Learns The Hard Way That Equating Patents And Innovation Comes At A Price
  26. Italian Court Says Due Process Isn’t Necessary For Blocking Sites Over Copyright Infringement
  27. Who Owns the Copyright in an Instagram Image?
  28. Sketchy Copyright Takedown Kills Bad Lip Reading’s Force Awakens Remix
  29. Revenge Pornster Craig Brittain Issues DMCA Notices Demanding Google Delist Entire Websites, Including Wikipedia
  30. Why Jian Ghomeshi’s New Podcast Is Absolutely Guaranteed to Fail: A friend recently asked me if his firm should consider representing the former CBC Radio host’s media business. Here’s what I told him
  31. You Are Almost Definitely Sharing Memes Made By Nazis
  32. Is Instagram Killing The Graffiti Artist?
  33. Study Claims To Know What Was Going On With That Stupid Dress
  34. Emotional Chatting Machine Assesses Your Emotion and Copies It: Chatbots have never been able to empathize. That looks set to change, thanks to a Chinese team that has built a chatbot capable of conveying specific emotions.
  35. How Trolls Are Stifling Innovators, Gamers and Netflix Junkies: Copyright policy in the public interest
  36. Insurers Scramble to Put a Price on a Cyber Catastrophe: Trying to estimate the maximum cost of a devastating cyber event before one actually happens.
  37. How a Browser Extension Could Shake Up Academic Publishing
  38. Adidas wants to sell 100,000 3-D printed sneakers: A personalized shoe that can “adjust the strength, durability, and the shape.”
  39. Disney files patent for “huggable and interactive” humanoid robots: Robots have already been tested, described as “robust to playful, physical interaction.”
  40. The legal issues of robotics
  41. Deciphering the U.S. NAFTA Digital Demands, Part Two: Digital Economy, Services and Transparency (Michael Geist)

CREATIVITY

  1. Universal wins copyright case over sample in Justin Timberlake hit
  2. Andy Warhol Estate Sues over Image of Prince
  3. U.S. Supreme Court Clarifies Separability Analysis in its Ruling on Star Athletica, LLC v. Varsity Brands, Inc.
  4. Lombardo v. Dr. Seuss Enterprises, L.P.
  5. No evidence of harm means no disgorgement in false advertising case (Rebecca Tushnet)
  6. Copyright preemption and the right of publicity in the 9th Circuit (Rebecca Tushnet)
  7. Statutory Damages Awarded in Copyright Infringement Case
  8. First judicial consideration of information location tool under the Copyright Act- Trader Corporation v. CarGurus Inc.
  9. Can a public domain artwork be registered as a trade mark or would that be contrary to public policy and morality?
  10. Irish Burger Chain Accuses McDonald’s of Trademarking Every Word That Starts With ‘Mc’
  11. Defamation Law Series: Melania Trump Settles Her Libel Lawsuit Against Daily Mail 
  12. Author of Wall Street Charging Bull is raging over Fearless Girl, but does he have a valid moral right claim?
  13. ‘Charging Bull’ sculptor says New York’s ‘Fearless Girl’ statue violates his rights: Arturo Di Modica says ‘advertising trick’ placed in Wall Street before international women’s day infringed artistic copyright
  14. The Bull Statue Copyright Claim Is Ridiculous… But Here’s Why It Just Might Work
  15. UK supreme court denies tobacco firms permission for plain packaging appeal: Final legal decision in UK means that all cigarettes sold after 20 May must come in standardised packaging
  16. Marvel Comics Responds To X-Men Gold Art Controversy
  17. How much dough are smells worth?: Hasbro files a scent mark in the US
  18. Copyright as Medium: Art and law might seem like polar opposites. But in the wake of Conceptual Art’s challenge to the traditional operations of the art market, the law—and copyright in particular—has become an increasingly popular subject, and even a medium, for artists. 
  19. Bigger Picture, Bigger Frame? Dr. Saptarishi Bandopadhyay’s Recast of Narrative in Copyright and Disaster Photography
  20. Copyright Protection of Street Art and Graffiti under UK Law (Enrico Bonadio)
  21. The Uncoordinated Public Domain (Robert Spoo)

SURVEILLANCE & PRIVACY

  1. U.S. Gov Demanded Twitter Unmask Mean Anti-Trump Account: Twitter has filed a lawsuit to protect this user
  2. Twitter Sues Government Over Attempts to Unmask Anti-Trump Account
  3. Twitter Sues Homeland Security Over Attempt To Unmask ‘Alt’ Immigration Twitter Account: Twitter brings in Biglaw to sue government.
  4. Well, That Was Quick: Twitter Dismisses Lawsuit After Feds Drop Attempt To Unmask Rogue Tweeter
  5. Oh, Sure, Now Congress Is Serious About Asking NSA About Surveillance On Americans
  6. WikiLeaks just dropped the CIA’s secret how-to for infecting Windows: Latest batch of documents details how CIA infects targets’ Windows-based computers.
  7. New York Appeals Court Says Facebook Can’t Challenge The 381 Broad Warrants Handed To It By New York Prosecutors
  8. State Appeals Court Says There’s An Expectation Of Privacy In Vehicle Data Recorders
  9. Named Plaintiff Drops Claims Against Gannett as the Definition of “Personally Identifiable Information” Under the Video Privacy Protection Act Evolves
  10. Researcher: 90% Of ‘Smart’ TVs Can Be Compromised Remotely
  11. Booby-trapped Word documents in the wild exploit critical Microsoft 0-day: There’s currently no patch for the bug, which affects most or all versions of Word.
  12. Hacking Attack Woke Up Dallas With Emergency Sirens, Officials Say
  13. Canada’s National Police Force Officially Confirms Ownership, Use Of Stingray Devices
  14. Lenovo and Superfish: Proposed Class Action Proceeds on Privacy Tort and Statutes 
  15. Rash of in-the-wild attacks permanently destroys poorly secured IoT devices: Ongoing “BrickerBot” attacks might be trying to kill devices before they can join a botnet.
  16. The U.S. Congress Is Not the Leader in Privacy or Data Security Law (Daniel Solove)
  17. This Teen’s Story Is Your Worst ‘Predictive Policing’ Nightmare: Crime-prediction algorithms remain unproven and problematic — but that hasn’t stopped police departments across the country from using them
  18. The Ghost in the Algorithm: The necessary struggle to reject “technology first” and develop an ethical framework for the automated era

Jon

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News of the Week; April 5, 2017

By Jon Festinger on April 19, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Net Neutrality Is Trump’s Next Target, Administration Says
  2. Ajit Pai says broadband market too competitive for strict privacy rules: FCC Chair ignores lack of home Internet competition in argument against privacy rules.
  3. FCC, FTC Bosses Pen Misleading Editorial Falsely Claiming The Best Way To Protect Your Privacy Moving Forward… Is To Gut Net Neutrality
  4. FCC Boss Takes Aim At Efforts To Bring Broadband To The Poor
  5. Fox serves up a fetid reminder that when you’re a star, you can still do anything
  6. Free Market Does What The Court System Could Not: Hurt Bill O’Reilly – This is the PR debacle that pulled the advertiser’s dollars.
  7. Understanding the Role of the BBC as a Provider of Public Infrastructure (Brett Frischmann)
  8. Tweeting #Justice: Audio-Visual Coverage Of Court Proceedings In A World Of Shifting Technology (Itay Ravid)

DIGITAL

  1. Use Of VPNs Banned Completely For Millions Of People By Chinese Authorities
  2. New Regulations Appear To Authorize Chinese Law Enforcement To Hack Into Computers Anywhere In The World
  3. A Pic Of Putin In Makeup Is Now ‘Extremist’ Material: Disseminating the image could lead to a fine and even jail time, but some Russians don’t care
  4. Where Speech Goes, Repression Follows: The Global Trend of Criminalizing Online Speech
  5. Social media firms faces huge hate speech fines in Germany
  6. How YouTube Can Fix Its White Nationalism and Anti-Semitism Problem: The Google-run video giant is losing advertisers due to its inability to police its own content. Here’s how it can turn things around.
  7. Netizen Report: India Had 31 Internet Shutdowns in 2016. How Many Did Your Country Have? – The quiet cost of regional Internet shutdowns in India, China and beyond.
  8. Here’s Why Facebook and Google Can’t Fix the Fake News Problem
  9. Study: Fake election news flooded Mich. Twitter feeds
  10. Lawyers win again in latest privacy class-action settlement: iOS address book deal, if split evenly among class members, pays 53 cents each.
  11. German Court Rules Parents Must Out Their Family Members For Copyright Trolls Or Pay Fines Themselves
  12. Microsoft sued for millions over Windows 10 upgrades: Class action accuses operating system of causing hard drive failures and other problems.
  13. 8,000 aspiring Uber and Lyft drivers fail state background check
  14. Uber exec accused of stealing IP from Google made $120M, but worked on the side: Google hammers on Levandowski, who remains in charge of Uber’s self-driving cars.
  15. Judge orders Uber to search servers, work harder to find Waymo’s 14,000 files: “In 42 years, I’ve never seen a record this strong. You are up against it.”
  16. YouTube TV goes live today in five US cities, gears up to add more networks: AMC, BBC World News, Sundance TV, and more to come at no extra cost.
  17. Top 100 Most Subscribed YouTube Channels Worldwide • February 2017
  18. ASA orders takedown of Instagrammer’s post for not having #ad: A promotional post by Instagrammer Sheikhbeauty for the brand Flat Tummy Tea failed to comply with CAP rulings as it lacked any disclosure that the post was an ad.
  19. IoT garage door opener maker bricks customer’s product after bad review: Startup tells customer “Your unit will be denied server connection.”
  20. You Can Now Beg for Money on Facebook
  21. Facebook plans a free version of its Slack competitor 
  22. Spotify finally lets artists restrict new albums to premium subscribers: Plus Kanye West is the first artist to have an album go Platinum on streams alone.
  23. Amazon – Not Twitter – To Stream Thursday Night NFL Games As League Is ‘Expanding Reach’
  24. Amazon outbids Twitter for rights to livestream Thursday Night Football games
  25. But you must be a Prime member to watch.
  26. Amazon agrees to refund up to $70 million worth of in-app purchases made by kids
  27. Amazon’s Kodi Box Ban And Copyright Liability For Device Distributors
  28. Kim Dotcom’s Canadian connection: Servers in Ontario could be key in case against alleged Internet pirate
  29. A kitten becomes Exhibit 41 in defamation suit against Buzzfeed over Trump dossier: “Six ways Buzzfeed has misled the court… and a picture of a kitten.”
  30. Bad Copyright Laws Are Creating Junky, Biased AI: Machine learning systems need lots of data to overcome bias — but copyright limits their menu
  31. Can AI Ever Be as Curious as Humans?
  32. A.I. Versus M.D.: What happens when diagnosis is automated?
  33. Hologram Calls Could Be The Future FaceTime: Verizon and Korean Telecom held the first international live 5G hologram chat
  34. Within the Next Decade, You Could Be Living in a Post-Smartphone World
  35. Golden State Warriors, Philips Lighting Bring Oracle Arena Experience Inside Fans’ Homes
  36. Brazil Proposes New Digital Copyright Rules for the WTO
  37. Attention Markets & the Law (Tim Wu)

CREATIVITY

  1. Jeff Koons Parody Defense Fails in French Copyright Infringement Case
  2. Horizon Comics Productions, Inc. v. Marvel Entertainment, LLC
  3. 5 Pointz Graffiti Artists’ Major Win in Suit against Developers, Explained
  4. If you publish Georgia’s state laws, you’ll get sued for copyright and lose: In some states, you can’t read the law without paying a corporation.
  5. Newly Leaked Documents Expose Stunning Waste And Incompetence At The Copyright Office
  6. Another Major Scandal At The Copyright Office: $25 Million ‘Fake Budget’ Line Item
  7. How to make Millennials hate you, The Pepsi Way.
  8. Pepsi Pulls Controversial Kendall Jenner Ad Following Twitter Uproar
  9. How Pepsi Got It So Wrong: Unpacking One of the Most Reviled Ads in Recent Memory: Experts weigh in on the soda-maker’s tone-deaf debacle
  10. Pepsi’s New Ad Is a Total Success: Every feature of the “Jump In” ad benefits the company—even the act of pulling it from the airwaves.
  11. Moral Rights in America: “the only thing we have to fear is…fear itself”
  12. Myths and Legends of Copyright Reform: A New Hope
  13. Bleistein, the Problem of Aesthetic Progress, and the Making of American Copyright Law (Barton Beebe)
  14. The Terminator Comes to Hollywood to Destroy Old Copyright Grants
  15. Canadian Copyright: Year in Review 2016
  16. Deciphering the U.S. NAFTA Digital Demands, Part One: Intellectual Property (Michael Geist)
  17. The Relative Virtues of Bottom-Up and TopDown Theories of Fair Use (Pamela Samuelson)
  18. Monster Energy Attempts To Run From Laughable Trademark Spat It Started With Thunder Beast Root Beer
  19. Brewery Looks To Reform Trademark Practices After Its Lawyers Bully A Pub Over Its Name
  20. Brexit: what might change Intellectual Property
  21. Law review article ‘Defining Hate Speech’ attempts the impossible
  22. Did Reddit’s April Fool’s gag solve the issue of online hate speech?: Nations battled, voids came and went, and one million pixels said a lot about humanity.
  23. The Platform Press: How Silicon Valley reengineered journalism (Emily Bell & Taylor Owen) 

SURVEILLANCE & PRIVACY

  1. Canadian Appeals Court Says Vice Media Must Turn Over Communications With Source To Law Enforcement
  2. RCMP reveals use of secretive cellphone surveillance technology for the first time: After CBC investigation into suspicious signals in Ottawa, police offer new insight into their own tactics
  3. Taser stuns law enforcement world, offers free body cameras to all US police: Company also changes name to Axon to reflect its primary body-camera product.
  4. Why Warrantless Access to Internet Subscriber Information is Back on the Legislative Agenda (Michael Geist)
  5. Snoops may soon be able to buy your browsing history. Thank the US Congress: Not only did they vote to violate your privacy for their own profit – they are seeking to make it illegal for a key watchdog to protect your privacy online (Bruce Schneier)
  6. Want to Stop Your Internet Provider From Selling Your Browsing Data? It Ain’t Easy
  7. President Trump delivers final blow to Web browsing privacy rules: ISP privacy rules are dead as Trump signs repeal instead of issuing veto.
  8. Trump move to kill privacy rules opposed by 72% of Republicans, survey says: Privacy is partisan for lawmakers, but not necessarily for the rest of us.
  9. Trump’s Internet Brigades Shocked To Realize The Government Just Sold Them Out On Privacy
  10. After vote to kill privacy rules, users try to “pollute” their Web history: “ISP Data Pollution” fills browsing history with noise to protect your privacy.
  11. Tim Berners-Lee: selling private citizens’ browsing data is ‘disgusting’
  12. The NYPD Posed as Black Lives Matter Protesters and Spied on Their Text Messages
  13. Samsung’s Tizen is riddled with security flaws, amateurishly written: Researcher calls it the “worst code [he’s] ever seen.”
  14. ISP privacy rules could be resurrected by states, starting in Minnesota: Minnesota could prevent ISPs from collecting personal data without consent.
  15. Comcast Paid Civil Rights Groups To Support Killing Broadband Privacy Rules
  16. AT&T, Comcast & Verizon Pretend They Didn’t Just Pay Congress To Sell You Out On Privacy
  17. Comcast: We won’t sell browser history, and you can opt out of targeted ads
  18. Congress’s vote to eviscerate Internet privacy could give the FBI massive power
  19. Russia’s hack of State Department was “hand-to-hand” combat: State-sponsored hackers are going increasingly brazen and confrontational.
  20. Wikileaks releases code that could unmask CIA hacking operations: “Marble” libraries include code used to obfuscate—and unscramble— CIA malware.
  21. DOJ Refuses FOIA Request On Emails, Claiming ‘Personal Privacy’
  22. Oversight Committee Finds FBI’s Facial Recognition Database Still Filled With Innocent People, Still Wrong 15% Of The Time
  23. FBI Arrests Creator Of Remote Access Tool, Rather Than Those Abusing It To Commit Crime
  24. How A Little Metadata Made It Possible To Find FBI Director James Comey’s Secret Twitter Account
  25. Smart TV hack embeds attack code into broadcast signal—no access required: Demo exploit is inexpensive, remote, scalable—and opens door to more advanced hacks.
  26. Pennsylvania Court Says Bloggers Protected By Journalist Shield Law; Don’t Have To Reveal Commenter IP Addresses
  27. If A Phone’s Facial Recognition Security Can Be Defeated By A Picture Of A Face, What Good Is It?
  28. Canadian Prosecutors Cut Loose 35 Mafia Suspects Rather Than Turn Over Info On Stingray Devices
  29. Microsoft opens up on Windows telemetry, tells us most of what data it collects: Windows telemetry is getting a lot more transparent.
  30. Privacy, Poverty And Big Data: A Matrix Of Vulnerabilities For Poor Americans (Mary Madden, Michele Gilman, Karen Levy & Alice Marwick)

Jon

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News of the Week; March 29, 2017

By Jon Festinger on April 2, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Germany wants to regulate a 24-hour livestream as a broadcaster: Running a non-stop Twitch channel could be expensive.
  2. Consumer Broadband Privacy Protections Are Dead
  3. Senate votes to let ISPs sell your Web browsing history to advertisers: ISP now stands for “invading subscriber privacy,” Democratic senator says.
  4. U.S. Senate Approves Resolution to Repeal FCC’s Broadband Privacy Rules; Resolution Heads to U.S. House of Representatives for Consideration
  5. Congress Just Voted To Kill Consumer Broadband Privacy Protections
  6. How ISPs can sell your Web history—and how to stop them: How the Senate’s vote to kill privacy rules affects you.
  7. No, You Can’t Buy Congress’s Internet Data, Or Anyone Else’s
  8. With U.S. Retreat from Online Privacy, Canada Needs to Safeguard the Internet in NAFTA Talks (Michaele Geist)
  9. AT&T/DirecTV give in to government demands in collusion lawsuit settlement: Customers lost when pay-TV companies illegally shared information, DOJ says.
  10. AT&T Settles With DOJ Over LA Dodgers Channel Collusion Allegations
  11. In New CASL Case, CRTC Sends $15,000 Message 
  12. FCC to halt expansion of broadband subsidies for poor people: Pai won’t approve new applications, drops court defense of Lifeline broadband order.
  13. Netflix Is No Longer Worried About Net Neutrality Now That It’s Massive And Successful
  14. Does a sales tax on Uber pave way for a ‘Netflix tax’ in Canada? Probably
  15. Cable retransmission within reception area copyright free?!
  16. Alex Jones Apologizes For Pizzagate Coverage, Blames Other Media Outlets
  17. Charter promises Trump a broadband push, but no extra Internet connections: Charter’s $25 billion promise is vague and includes stuff it already planned.
  18. Warner Bros., Trademark Lawyers Target “Golden Ticket” Beer Brand

DIGITAL

  1. Supreme Court Says You Can Copyright Elements Of ‘Useful Articles’ — Which May Spell Disaster For 3D Printing & More
  2. Victory for Varsity! But Also for Fashion? Supreme Court Rules in Star Athletica v. Varsity Brands
  3. Ruffled feathers or serious harm? Controversial UK personality sued for libellous tweets 
  4. Man sentenced to 3 years for Facebook threat to kill Obama loses appeal
  5. Judge: eBay can’t be sued over seller accused of patent infringement
  6. Will the Supreme Court end the East Texas patent scam?: Tech companies and interest groups seek to alter the geography of litigation.
  7. Supreme Court Won’t Hear Case About Copyright Protection Of Pre-1972 Sound Recordings
  8. Supreme Court of Canada to address jurisdiction issues in online defamation case
  9. CD, DVD pirate sentenced to 5 years in prison: FBI investigated piracy ring with assistance from the RIAA and MPAA.
  10. In settlement, app makers change their tune on health benefits and privacy: NY Attorney General says three popular app makers over promised and misled.
  11. Consumer Law Group announces the filing of a Canadian class action against Amazon for the collection of undue sales tax
  12. Streaming Video Competition Slowly Begins Killing The Bloated, Pricey Cable Bundle
  13. Big US companies pull YouTube ads after extremist content sparks uncertainty: The ads might not have run over hateful videos, but they’re not taking any chances.
  14. YouTube’s Better-Than-TV Pitch Undermined by Offensive Video
  15. YouTube faces exodus of advertisers: Latest example highlights hidden perils of online ads.
  16. AT&T, Verizon Feign Ethical Outrage, Pile On Google’s ‘Extremist’ Ad Woes
  17. Google and Facebook Can’t Just Make Fake News Disappear: Fake news is too big and messy to solve with algorithms or editors — because the problem is….us.
  18. Trolling Scholars Debunk the Idea That the Alt-Right’s Sh**posters Have Magic Powers: Asserting that alt-right “trolls” were a deciding factor in Trump’s victory minimizes the broader trends that amplified their influence. (Whitney Phillips, Jessica Beyer & Gabriella Coleman)
  19. We’ve Heard All about Fake News—Now What?
  20. Tell California Assembly Not To Ignore The First Amendment As It Tries To Ban Fake News
  21. Real Talk About Fake News
  22. Facebook Officially Toying With Snap Stock Price Like A Sadistic Cat Playing With A Captured Mouse
  23. Elon Musk is setting up a company that will link brains and computers: The ultimate goal would be a “neural lace” to enhance people’s cognitive abilities.
  24. Germany’s Flawed Plan to Fight Hate Speech by Fining Tech Giants Millions
  25. Netflix: The Monster That’s Eating Hollywood: The streaming-video service is hogging talent and pushing up prices, spurring pushback from rival TV producers who once saw it as a partner; 70 new titles this year
  26. Tractor Owners Using Pirated Firmware To Dodge John Deere’s Ham-Fisted Attempt To Monopolize Repair
  27. Guy Who Wants Everyone To Believe He Created Bitcoin, Now Patenting Everything Bitcoin With An Online Gambling Fugitive
  28. How AI Can Aid Authoritarians—And How Humans Fight Back: Hidden algorithms reflect and amplify racism and other human biases, but researchers hope to fix them
  29. Google reportedly removing SMS texting from Hangouts on May 22: But Google Voice users won’t be affected as much.
  30. The Death of Advertising: And what will rise from its ashes.
  31. Creativity and the Internet
  32. In Support of Untargeted Ads
  33. Kerr: What if your ‘doctor’ were a robot? How Artificial Intelligence is challenging our ethics
  34. Australian Govt.: Just Kidding On That Whole Safe Harbors Reform Thing, Guys
  35. What Would a Digital Economy-Era NAFTA Mean for Canada? (Michael Geist)
  36. On computational ethics: Is it possible to imagine an AI that can compute ethics?
  37. Whack a Meme: Is It Possible to Contain (Let Alone Stop) the “Crying Jordan”?
  38. Man who claims he invented e-mail is now running for US Senate: Shiva Ayyadurai, who sued the Techdirt blog for libel, will run in Massachusetts.
  39. Intel is keeping Moore’s Law alive by making bigger improvements less often

CREATIVITY

  1. Supreme Court Clarifies Test For Determining Whether Designs On Useful Articles Are Eligible For Copyright Protection: Star Athletica, L.L.C. v. Varsity Brands, Inc.
  2. Supreme Court Clarifies Copyright Eligibility for Useful Articles
  3. Supreme Court Seeks to Clarify Copyrightability of Design Features on Useful Articles in Cheerleading Uniform Case
  4. Supreme Court Resolves Split on Design Copyright Eligibility
  5. Supreme Court Finds Cheerleading Uniform Designs Copyrightable
  6. Cheering on the Fashion Industry: U.S Supreme Court Issues Landmark Copyright Decision That Will Have Deep Implications for Fashion and Sports Industries
  7. More Financial Scandals Involving A Collecting Society: Remind Me Again Why They Are Credible Representatives Of Artists?
  8. The Future of Copyright post Brexit
  9. GS Media and its implications for the construction of the right of communication to the public within EU copyright architecture: a new article
  10. Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse
  11. Archie Comics Is Trying to Trademark the Cute Couple Names for Betty and Jughead
  12. Broadway Play Changes Set Design Over Cafe Trademark Threat And, No, That Doesn’t Make Any Damned Sense
  13. Does “Raiders Fancast” Infringe the “Fancaster” Trademark? (Eric Goldman)
  14. Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson (Eric Goldman)
  15. Higher Costs Likely to be the Norm in Federal Court IP Cases
  16. Social Media Erupts as the Art World Splits in Two Over Dana Schutz Controversy: The art world is not a monolith, social media posts reveal.
  17. “Fearless Girl” Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear 
  18. Hugo, Inc.: Les Misérables was born of one of the riskiest—and shrewdest—deals in publishing history.
  19. Why Hollywood As We Know It Is Already Over
  20. Bibliodiscotheque: Array of Events Planned to Celebrate Disco Culture (Library of Congress)
  21. Extremist Speech and Compelled Conformity (Danielle Keats Citron)

SURVEILLANCE & PRIVACY

  1. Key priorities of the Privacy Commissioner of Canada in 2017
  2. Fixing PIPEDA: My Appearance Before the Access to Information, Privacy & Ethics Committee (Michael Geist)
  3. Appeal court says reporter must hand over material to RCMP
  4. Secretly recorded Planned Parenthood tapes barred from publication: Two activists criminally charged with allegedly violating privacy of people filmed.
  5. Oculus’ VR Privacy Policy Serves the Needs of Facebook, Not Users
  6. Whistleblower Says UK Police Worked With Hackers To Access Activists’ Email Accounts
  7. Someone is putting lots of work into hacking Github developers: Dimnie recon trojan has flown under the radar for three years… until now.
  8. Doxed by Microsoft’s Docs.com: Users unwittingly shared sensitive docs publicly: Thousands of docs with sensitive data still reachable from search engines, including health data.
  9. Vizio Must Face VPPA Suit Over Smart TVs, Court Rules
  10. Dish Network Seeks New Trial After $20 Million TCPA Jury Verdict
  11. US Senate votes to let internet providers share your web browsing history without permission: Just what no consumer asked for
  12. Encryption Workarounds Paper Shows Why ‘Going Dark’ Is Not A Problem, And In Fact Is As Old As Humanity Itself
  13. Google takes Symantec to the woodshed for mis-issuing 30,000 HTTPS certs 
  14. NY Senator Pulls Sponsorship From ‘Right To Be Forgotten’ Bill, Effectively Killing It
  15. NSA Official Says It Might Have Been Nice If The Agency Had Handled The Public Disclosure Of The Section 215 Program
  16. Judge rules in favor of “Drone Slayer,” dismisses lawsuit filed by pilot: Is it trespassing if you fly over your neighbor’s land? The answer remains unclear.
  17. Cybersecurity and the Yahoo experience – Legal pays the price
  18. Goldilocks and the Interactive Bear: The Privacy Nightmare 
  19. “Samsung Connect” wrangles all the insecure Things in your Internet of Things: Controlling your home—or the security-nightmare “smart” parts of it—with your voice.

Jon

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