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  • The Cloud

    The “cloud” has come to mean the storing and accessing of data (including programs) over the internet rather than on on our device (computer, phone or otherwise). The official definition of the U.S. National Institute of Standards and Technology is: “Cloud computing is a model for enabling convenient, on-demand network access to a shared pool of […] Read More

Apple’s New Privacy Feature

Hello! I have been exploring articles on the subject of privacy concerns, data collection and in particular Apple’s soon-to-be-released App Tracking Transparency features. Apple’s new feature will require apps to get the explicit permission of users before tracking their data. I have attached several articles and a brochure to this post.

I was shocked to learn from Apple’s Day in the Life of Your Data brochure, that even a father and daughter’s trip to the park could be tracked so closely by companies around the world. What I find to be quite unsettling is that this personal information (interests, location, etc.) is passed onto data brokers and released to companies that have no direct connection with the father or daughter.

In a 2018 Sunday Times article, Maria Fasli tracks her digital footprint for a day. Life becomes in a certain sense more convenient with our compass cards tracking our route to work, our air fare providers sharing hotel suggestions and our supermarket loyalty cards leading to a better in-shop experience. But I think the problem lies not in users having a digital footprint but how a lot of the data is unknowingly collected and distributed without permission. The lack of transparency is the real problem here. There is hope that Apple’s new feature will allow regular users (like me) to control what social media companies and apps learn about us.

Several questions remain to be answered: how will this realistically affect the app or social media experience for users? One of its greatest critics, Facebook, has questioned Apple’s true motives for rolling out this new feature. And while Apple’s feature is a step in the right direction, it may not be sufficient to protect the privacy of app and social media users. Instead, is it time for privacy laws like the EU’s GDPR to be implemented in the US as Apple’s CEO Tim Cooke has suggested?

Articles referred to:

https://www.apple.com/privacy/docs/A_Day_in_the_Life_of_Your_Data.pdf

https://www.bnnbloomberg.ca/apple-ceo-slams-internet-giants-ahead-of-new-privacy-features-1.1555652

https://www.ctvnews.ca/sci-tech/apple-ceo-lambastes-tech-rivals-ahead-of-privacy-update-1.5285694

https://www.thetimes.co.uk/static/connected-families/how-much-data-are-you-sharing-in-a-typical-day/

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Class 3 2021 AudioSlides – “Roles of Sovereignty & Culture in the Communications Landscape”

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News of the Week; January 20, 2021

COMMUNICATIONS

  1. Federal Enforcement Agencies Remind Canadian Mobile App Companies of their CASL Obligationsl
  2. Fox News Needs To Accept Some Of The Blame For The Insurrection; But That Doesn’t Mean We Toss Out The 1st Amendment
  3. FCC fines white-supremacist robocaller $10 million for faking caller ID
  4. FCC Fines White Supremacist ~$10 Million for Spoofed RoboCalls
  5. In Departing Statement, FCC Boss Ajit Pai Pretends He ‘Served The People’
  6. As Ajit Pai exits FCC, Charter admits defeat on petition to impose data caps
  7. With Trump Loss, Charter Backs Off FCC Request To Allow Broadband Caps
  8. 3Mbps uploads still fast enough for US homes, Ajit Pai says in final report
  9. FCC’s new foreign ownership review rules set to take effect
  10. House Lawmakers Question Telecom Giants Over Broadband Price Gouging During A Pandemic
  11. Broadband Market Failure Keeps Forcing Americans To Build Their Own ISPs
  12. US declares Xiaomi a “Communist Chinese military company,” bans investments
  13. English Premier League wins latest round in battle over satellite decoder cards
  14. UK faces major telecoms regulation overhaul courtesy of the European Electronic Communications Code

DIGITAL

  1. YouTube Extends Trump Ban For Another Week, Citing Concerns About “Ongoing Potential For Violence”
  2. YouTube Removes Onision From Partner Program, Demonetizes His Channels Over Child Safety Concerns
  3. Facebook knew about violent extremists before insurrection, reports find
  4. Sheryl Sandberg Makes Disingenuous Push To Argue That Only Facebook Has The Power To Stop Bad People Online
  5. They Used to Post Selfies. Now They’re Trying to Reverse the Election.: Right-wing influencers embraced extremist views, and Facebook rewarded them.
  6. Inside Twitter’s Decision to Cut Off Trump
  7. The Capitol Rioters Are Giving Insurrection a Bad Name
  8. Disinformation creep: ADOS and the strategic weaponization of breaking news
  9. Sticks and Stones May Break My Bones but Words Incite a Riot
  10. I’m a First Amendment scholar – and I think Big Tech should be left alone
  11. No Political Advertising on Google, At Least Until After Inauguration Day
  12. Inauguration Has Happened, Google And Facebook Should End The Ban On Political Advertisements
  13. Social Media Platforms See 73% Drop In Election Misinformation After Trump’s Ban (Study)
  14. Dominion Voting Systems Files Defamation Lawsuit Against Former Trump Lawyer, Sidney Powell
  15. GitHub regrets firing Jewish employee who called Trump-incited mob “Nazis”
  16. Trump pardons engineer who copped to stealing a Google secret for Uber: Peter Thiel, Palmer Luckey, and others asked Trump to pardon Levandowski.
  17. Chinese Ad for Make-Up Wipes Pulled Over Charges of Sexism and Victim-Blaming
  18. Applying Uber v. Heller – Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
  19. Jonathan Zittrain on the Great Deplatforming
  20. 2021 Is the Year the Internet Gets Rewritten: As Silicon Valley flails to combat an insurrection at home, Europe is marching ahead with a plan to revise the web’s basic rulebook.
  21. Jack Dorsey Explains The Difficult Decision To Ban Donald Trump; Reiterates Support For Turning Twitter Into A Decentralized Protocol
  22. What motivates the motivated reasoning of pro-Trump conspiracists?
  23. Trump’s Facts-Optional Assault On Chinese Tech Continues With Blocking Of Xiaomi
  24. As Beijing Continues To Creep Into Hong Kong, Internet Censorship Begins
  25. Amazon offers Biden help to speed up vaccine distribution
  26. Judge Not Impressed By Parler’s Attempt To Force Amazon To Put It Back Online
  27. Parler CEO admits site may never recover from Amazon ban
  28. Parler’s CEO Promises That When It Comes Back… It’ll Moderate Content… With An Algorithm
  29. Ridiculous: Yale Law Prof Argues That Because Some In Congress Want More Moderation, That Makes Twitter A State Actor
  30. A Few More Thoughts On The Total Deplatforming Of Parler & Infrastructure Content Moderation
  31. Parler seems to be sliding back onto the Internet, but not onto mobile
  32. Parler Attempting to Come Back Online, Still Insisting The Site’s Motivation Is ‘Privacy’ Despite Leaking Details On All Its Users
  33. Questions Raised About Why Online Retailers Are Promoting Attack on Capitol Hill-Themed Products
  34. Hackers alter stolen regulatory data to sow mistrust in COVID-19 vaccine
  35. When Can a Politician Block Constituents on Social Media?–Garnier v. O’Connor-Ratcliff (Eric Goldman)
  36. Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook (Eric Goldman)
  37. The local politics of AirBNB’s ban on DC rentals
  38. Samsung’s top executive gets 30 months in prison for bribery
  39. Mobile Advertising Company Gets Flack from FTC for Failure to Deliver Upon Advertised Promises
  40. “Big Tech” under pressure – new Rules for Digital Platforms in the EU and UK
  41. UK government sets out final approach to regulating online harms
  42. Should my Will refer to Digital Assets
  43. Google says it’s closing the Fitbit acquisition—uh, without DOJ approval?
  44. Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation
  45. Understanding the Controversy over Section 230
  46. Content Moderation Case Study: Dealing With Demands From Foreign Governments (January 2016)
  47. Content Moderation Case Study: Using Hashes And Scanning To Stop Cloud Storage From Being Used For Infringement (2014)
  48. The New Age of Content Moderation(?)
  49. Free Access To Academic Papers For Everyone In India: Government Proposes ‘One Nation, One Subscription’ Approach As Part Of Major Shift To Openness
  50. Indonesian Government Prioritizes Influencers — Alongside Healthcare Workers — In COVID Vaccine Rollout
  51. Influencer and brand under fire for failing to clearly identify marketing communication on TikTok (Jamella t/a GHD in association with Emily Canham)
  52. Influencer Marketing Guide
  53. 2020 Advertising Law Year in Review
  54. Netflix’s First Inclusion Report Lays Out Its Diversity Efforts, Shortfalls, Goals
  55. Netflix Soars Past 200 Million Subscribers, Clocked $25 Billion In Revenues Last Year
  56. ViacomCBS Sets March 4 Launch For Paramount+ Streaming Service
  57. CBS All Access is dead, long live Paramount+: “New” streaming service launches March 4
  58. Apple Looking To Monetize Podcasting Platform Via Subscription Service (Report)
  59. Apple pulls the plug on user-found method to sideload iOS apps on Mac
  60. Some Creators Are Making Millions Uploading Videos To Snapchat’s Spotlight
  61. YouTube Adds Safety Feature Targeting Comments With External Links
  62. YouTube Adds New Metric Letting Creators Track Video Performance Over 24-Hour Span
  63. The Dolan Twins, With 11 Million Subscribers, Resign From YouTube To Pursue Other Ventures
  64. YouTube Wonderkid ‘Like Nastya’ Topples 200 Million Subs Across Portfolio Of 14 Channels
  65. PC sales finally saw big growth in 2020 after years of steady decline
  66. Newly-Formed ‘Group Nine Acquisition Corp.’ Prices $200 Million IPO, Kicking Off Today
  67. Wattpad Acquired By Webtoon’s Parent Company ‘Naver’ In $600 Million Deal
  68. CAA Acquires Creative Agency ‘Tandem’ To Bolster Digital Partnerships, Branded Content Efforts
  69. Treasury nominee Yellen is looking to curtail use of cryptocurrency
  70. The internet didn’t kill counterculture—you just won’t find it on Instagram
  71. Rhode Island clarifies sales taxation of advertising software
  72. Zeros and Ones in 2021: Next Moves in the Digital Tax Debate
  73. Emoji Law Year-in-Review for 2020 (Eric Goldman)

A.I.

  1. Facebook will pay more than $300 each to 1.6M Illinois users in settlement
  2. WorkLife 2.0: A robot in control – should AI have a voice on the Board?
  3. Brainard weighs benefits and risks of using AI in financial services industry
  4. AI-powered text from this program could fool the government
  5. Microsoft invests in $30 billion driverless car company Cruise
  6. FDA Issues Artificial Intelligence/Machine Learning Action Plan
  7. Five highlights from FDA’s new AI device regulation Action Plan
  8. House of Lords liaison committee report on AI published
  9. “AI in the UK: No room for complacency” and no room for a separate AI regulation
  10. The AI Council calls for a National AI Strategy: building public trust
  11. What You Need to Know About M&A and Investing in AI
  12. Blockchain, AI and Cloud in the Luxury Sector
  13. An interview with Cirio Advokatbyrå AB discussing artificial intelligence in Sweden

INTELLECTUAL PROPERTY

  1. Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada
  2. How one musician took on the world’s biggest TV network over copyright—and won
  3. Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright 
  4. INSTA-FRAUD Instagram ‘Copyright Infringement’
  5. Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
  6. Why Software Developers Should Provide Licensees With Software Escrow Services 
  7. Getting Your Website Ready for the New Library of Congress Copyright Claims Board
  8. A Short Summary of the CASE Act (Tyler Ochoa) 
  9. Mixed reactions as copyright owners ring in 2021 with CASE Act
  10. In CASE You Missed It: Significant New Dispute-Resolution Process for Copyright Claims 
  11. New Stimulus Bill Creates Small Claims Copyright Court 
  12. Pepe the Frog 
  13. Knobbe Practice Webinar Series – Protecting User Interface Technologies
  14. Celebrated graffiti artist Futura sues The North Face for its FUTURELIGHT apparel line alleging copyright and trademark infringement 
  15. A COVID-19 fast-track for Canadian trademark applications 
  16. Canadian Trademark Law: 2020 Year in review 
  17. Year in Review – Key Trademark Cases from 2020
  18. The Case of the ‘Missing S’
  19. A not so EASY task after all – UKIPO finds EASY mark devoid of distinctive character 
  20. SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy
  21. Are Commercial Parody Dog Toys Subject to the Heightened Rogers Test, and Do They Qualify As Non-Commercial Works under the Trademark Dilution Revision Act? 
  22. Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief 
  23. TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application
  24. Trademark Modernization Act Becomes Law: Establishes Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board
  25. Trade Mark Filings increase worldwide in 2019 
  26. A Trademark is Not a Copyright or a Patent 
  27. Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
  28. Shoe design found valid and infringed in the UK Court’s last Community registered design case
  29. Case Study | Breach of Confidence by employees 
  30. Litigation finance helps companies keep their cool during trade secrets disputes 
  31. How Not to Build a Case of Trade Secret Misappropriation 
  32. Federal Court invalidates Janssen ZYTIGA® Patent
  33. Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
  34. PM(NOC) Invalidity Grounds May Extend Beyond NOA
  35. Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
  36. The new rules of Canadian patent litigation: Federal Court of Appeal affirms the viability of summary judgments in patent actions, upholds interpretation of file wrapper estoppel
  37. Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court
  38. Have any Patents Issued under the USPTO’s COVID-19 Prioritized Patent Examination Program?
  39. Patenting the 3D Bioprinting Innovations that Combat COVID-19
  40. Revenge of the Grammer Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict 
  41. No Reasonable Expectation of Success, No Obviousness 
  42. The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
  43. Rapid Rise in Blockchain Patent Filings in China
  44. Everyday IP – Brushing up: When were toothbrushes invented?
  45. UK-EU Trade Agreement and IP Rights
  46. Proposed University Technology Licensing Program Gets Nod from Justice Department
  47. Making the best of a bad year: Winning IP cases in 2020
  48. World Intellectual Property Indicators Report 2020
  49. 2020 Engineering & Technology Year in Review
  50. Importance of Protecting Intellectual Property in the Digital Age 
  51. 10 things every new IP counsel should do

PRIVACY

  1. Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement
  2. FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
  3. FTC Takes Aim at Facial Recognition Claims in Latest Deception Settlement
  4. Tiktok faces lawsuit for violating children’s data privacy law in the UK
  5. Fired former data scientist Rebekah Jones arrested, tests positive for COVID-19
  6. Fifth Circuit Court of Appeals Vacates MD Anderson HIPAA Penalty
  7. CJEU rules that the UK’s “mass surveillance” regime is out of line with EU law
  8. The NSA warns enterprises to beware of third-party DNS resolvers
  9. Security firm Malwarebytes was infected by same hackers who hit SolarWinds
  10. How law enforcement gets around your smartphone’s encryption
  11. Beware of biometric data compliance pitfalls under BIPA
  12. Another Day, Another Location Data Privacy Scandal We’ll Probably Do Nothing About
  13. Oceans Apart? Mass Privacy Litigation in the US and Europe
  14. Key lessons from the first major GDPR fines for cyber breaches

GAMES

  1. CD Projekt faces a second class-action lawsuit over Cyberpunk 2077
  2. CD Projekt Red exec disputes Cyberpunk 2077 demo were “almost entirely fake”
  3. CD Projekt vows ‘vigorous’ defense as investors launch second Cyberpunk class action
  4. Inside Cyberpunk 2077’s Disastrous Rollout
  5. Epic Games takes legal action against Apple and Google in UK
  6. Epic submits claims against Google and Apple to UK Competition Appeal Tribunal
  7. “Loot boxes” and other in-game purchases: ASA launches consultation
  8. European Commission fines Valve, others $9.4 million for ‘geo-blocking’ games
  9. EU fines Valve and five publishers €7.8m for geo-blocking practices
  10. FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers
  11. FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
  12. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
  13. Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
  14. ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials
  15. Twitch’s Trump ban sustained after leaving office
  16. Nintendo blocks videos by Game & Watch hacker
  17. Nintendo uses copyright claims to take down Game & Watch hacking videos
  18. Nintendo Hates You: Gaming Giant Lobs A DMCA Nuke At Hundreds Of Fan Games
  19. Universal delays opening of Super Nintendo World again due to COVID-19
  20. Super Nintendo World opening on “indefinite hiatus”
  21. Analyst: The Nintendo Switch outsold every other console in 2020
  22. Chinese Switch sales expose a failure to counter the import market | Opinion
  23. Studios and designers: Are you sure that you own the intellectual property rights to your video games?
  24. Gaming the system: How GameStop stock surged 1,500% in nine months
  25. GAME details efforts to prevent PS5 scalpers
  26. Epic Games Store exclusivity muddles Hitman 3’s legacy DLC promise on PC
  27. IO Interactive assures Hitman 3 players will not have to repurchase previous entries
  28. Hitman III review: Let’s call it Hitman 2.5 and be fine with it
  29. Hitman 3 | Critical Consensus
  30. US environmental agency warns against Xbox Series X, PS5 energy consumption
  31. Report: Xbox’s “instant on” feature could consume 4 billion kWh by 2025
  32. Mobile gaming saw surge of new players in 2020
  33. Bungie is shutting down its Halo stats archive in February
  34. Middle-earth: Shadow of Mordor has lost its online features, including Vendetta missions
  35. Games investments reached $33.6bn in 2020
  36. InvestGame: 2020 game deals hit value of $33.6 billion across 664 transactions
  37. 2020 sees record US games spending at $56.9bn | US Annual Report
  38. NPD reveals the best-selling games of 2020 in the U.S.
  39. Battle.net gets a fresh coat of paint to improve navigation, accessibility, and more
  40. The triumph of mobile core games heralds a demographic shift | Opinion
  41. The Switch has officially shipped 1 million units in China
  42. Nintendo Switch accounted for 87% of consoles sold in Japan last year | Japan Annual Report
  43. Nintendo and GTA 5 come top in big year for Australia game sales | Australia Annual Report
  44. Nintendo continues to prop up UK games retail | UK Boxed Charts
  45. Ace Combat 7 has topped 2.5 million sales worldwide
  46. Puzzle Quest dev Infinity Plus Two acquired by 505 Games parent Digital Bros
  47. Playtech sells YoYo Games to Opera for $10m
  48. Opera buys GameMaker Studio maker YoYo Games for $10 million
  49. Opera opens new video game division and confirms YoYo Games purchase
  50. 505 Games acquires Infinity Plus Two
  51. Playtika IPO raises $1.88bn
  52. IPO plans value Krafton at up to $27bn
  53. Impending IPO values PUBG Studio parent Krafton at as much as $27 billion
  54. Casino game studio Huuuge looking to raise $150 million through IPO
  55. Savage Game Studios raises $4.4m
  56. Mobile developer Savage Game Studios nets $4.4 million for competitive shooter
  57. Miniclip acquires Online Soccer Manager studio Gamebasics
  58. Miniclip acquires Online Soccer Manager developer Gamebasics
  59. How MTG’s acquisition will fuel Hutch’s race to No.1
  60. Indiana Jones and the Raiders of the Blockbuster IP
  61. PC fan port of early Sonic games lets you zoom the camera way, way out
  62. How to localize a game video: A checklist for developers
  63. YouTube channel GameXplain accused of overworking and underpaying staff
  64. PewDiePie Signs Exclusive Facebook Distribution Deal With Jellysmack
  65. Leyline: “We don’t care about the money — we want to make the world better”
  66. Esports’ Wild 2020 Ride Culminates In 69 Percent Growth And A Continuing Rising Trend
  67. Kuato raises £4.5m, expands to VR
  68. Educational game studio Kuato nets $6.1 million to finance VR pivot
  69. Tilting Point opens studio in Russia to work on multiple projects
  70. The return of Peter Moore
  71. Industry vet Peter Moore returns to games as Unity SVP
  72. Peter Moore joins Unity as SVP and GM of sports and live entertainment
  73. Blog: The successful steps of Early Access games
  74. Blog: How can we improve support powers in RTS games? 
  75. Blog: Understanding the types of game currencies in mobile free-to-play
  76. Video: Next-level creature sound design
  77. Video: Unscoring the world of Kenshi
  78. Don’t Miss: Monolith Productions’ postmortem of Middle-earth: Shadow of Mordor
  79. Don’t Miss: Building a ‘homebrew’ video game console

Jon

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Story about Enron emails

I just listened to an interesting episode of 99% Invisible podcast about Enron email corpus (You’ve  got Enron mail). Apparently sometime around 2000 a mass group of Enron emails were released to the public (which included some private emails of employees). This corpus of some 600, 000 emails was then used by researchers to study communication among real people and many technologies we use today (Siri, spam filters, etc) are based on those. The podcast hosts also explore some interesting questions like whether they should have been released at all (apparently a privacy concerns were not a big thing then) and what happens when so much of our technology today is based on the writing of the employees of a fallen energy company.

Link to this episode: https://99percentinvisible.org/episode/youve-got-enron-mail/

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Google responds to Australia proceeds with a new code requiring payment to use media content

Hello Class,

I hope everyone had a restful weekend! As I was browsing the news tab of Google (ironically) I came across an article that may be of interest. Australia is planning on introducing a new law which would force Google and Facebook inc to pay media companies for the right to use its content. While I can’t speak for the class, I personally rely on both print and digital media and do not necessarily have a preference for news sources other than that the source must reputable. This article was featured in the Financial Post 2 days ago. The subject is particularly fascinating as it juxtaposes the common theme of government censorship when discussing internet regulation. I have a few friends in media and having discussed the issue of the dying platform of print media, I find it refreshing to see that a government would stand up for the rights of media companies. This occurred after French news corporations reached a content-payment deal with Google for 3 years. I have attached the news article for anyone interested. See you all on Tuesday!

https://financialpost.com/telecom/media/google-says-to-block-search-engine-in-australia-if-forced-to-pay-for-news

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YouTube, TikTok, and Instagram remove Russian posts promoting pro-Navalny protests

Hi all,

I found this to be an interesting video/article regarding censorship by YouTube and social media platforms of content posted in support of jailed Russian opposition leader Alexei Navalny.

https://www.themoscowtimes.com/2021/01/22/social-media-platforms-delete-russian-posts-promoting-navalny-protests-state-censor-a72701

Not a particularly novel story (of content-hosting platforms caving to political pressure) but I would be interested to hear what justifications are provided by these companies for their behaviour.

Also, here’s the documentary published by Navalny on Putin’s $1 billion+ estate two days after his arrest. The video has absolutely blown up in Russia and the EU:

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BC Government’s cybersecurity practices found lacking by Auditor General

Hello Class,

I found this article in this morning’s Vancouver Sun. I personally find cybersecurity a prevailing issue that seems underemphasized in the public sphere unless a significant data breach has occurred. One that stands out is the privacy breach of personal health records of millions of Canadians that Lifelabs failed to protect in 2019. According to Michael Pickup, the auditor general’s report, management shortcomings are:
• policies and standards lacked specific guidelines for identifying and managing IT assets for the purpose of managing cybersecurity risks;
• cybersecurity roles and responsibilities were not clearly established, including those for managing IT assets; and
• inventories of IT assets and maps of organizational communication and data flows were incomplete and inaccurate

A cyberattack occurs every 39 seconds and data breaches exposed 8.4 billion records globally in the first four months of 2020. On a positive note, the auditor’s findings did exclude the Ministry of Education and the Ministry of Citizen’s services from these shortcomings.

Enclosed are links to the report and an article hosted by ‘Vancouver is Awesome’ webpage for anyone who is interested.

https://www.bcauditor.com/sites/default/files/imce/OAGBC_JAN_NR_FINAL.pdf

https://www.vancouverisawesome.com/bc-news/british-columbia-government-lax-on-cybersecurity-practices-auditor-reports-3275215

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Class 2 2021 Slides & Video – “Mapping Communications Law 1.0 & 2.0: A Topology”

Slides & video below…

Jon

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News of the Week; January 13, 2021

COMMUNICATIONS

  1. Ajit Pai offers mild criticism of Trump incitement, drops Section 230 plan
  2. In His Last Two Weeks, Ajit Pai Finally Finds A Backbone And Refuses To Move Forward With Trump’s Ridiculous 230 Attack
  3. Reminder – 2021 Will Include Some Off-Year Elections for State and Local Office – and FCC Political Broadcasting Rules Do Apply
  4. Big Telecom Wants A Cookie For Pausing PAC Donations After Hoovering Up Billions In Trump Favors
  5. AT&T kills off the failed TV service formerly known as DirecTV Now
  6. AT&T Is Restoring Its Bullshit Broadband Caps Because Apparently The COVID Crisis Is Over
  7. Jared Mauch didn’t have good broadband—so he built his own fiber ISP
  8. 6G Hype Is Already Getting Stupid, When 5G Hype Hasn’t Even Finished Disappointing Us Yet 
  9. A Few Reminders Before The Tired Net Neutrality Debate Is Rekindled
  10. Report: Tencent and Alibaba may get blacklisted by the Trump administration
  11. Radio, Radio: FM Radio Licenses Soon to be Available to Educational Institutions 
  12. Canada’s Anti-Spam Legislation – Legal compliance reminder for mobile app industry 
  13. Canada’s Anti-Spam Legislation – 2020 Year in Review

DIGITAL

  1. Trump deletes tweets after being banned from Twitter
  2. Donald Trump has finally earned a permaban from Twitter
  3. Not Easy, Not Unreasonable, Not Censorship: The Decision To Ban Trump From Twitter
  4. Facebook, Instagram ban Trump through at least Inauguration Day
  5. YouTube suspends Trump’s account, disables comments “indefinitely”
  6. Just-Formed Alphabet Union Condemns YouTube’s “Lackluster” Response To Pro-Trump Capital Mob
  7. Wednesday, January 6th: The Day The Game Of Politics Turned Into Insurrection
  8. Politics Is Not A Game
  9. Republican state lawmaker livestreamed himself in mob storming US Capitol
  10. FBI arrests Republican lawmaker who stormed Capitol with pro-Trump mob
  11. Republican lawmaker resigns after arrest for storming US Capitol
  12. Identifying Insurrectionists Is Going To Be Easy — Thanks To Social Media And All The Other Online Trails People Leave
  13. Insurrectionists’ social media presence gives feds an easy way to ID them
  14. Dominion Voting suing “kraken” lawyer Sidney Powell for $1.3B
  15. Michael Flynn and Sidney Powell banned from Twitter in QAnon purge
  16. Trump social media ban will feature in future antitrust hearings
  17. The real lesson of Trump’s social media silencing
  18. Trump Is Banned. Who Is Next?
  19. Reddit’s largest remaining Trump community banned for “inciting violence”
  20. Google bans Parler from Android app store
  21. Amazon cuts off Parler’s Web hosting following Apple, Google bans
  22. After white supremacists storm US capitol, Apple expands racial justice initiative
  23. Parler goes dark, sues Amazon to demand immediate reinstatement
  24. Parler’s Laughably Bad Antitrust Lawsuit Against Amazon
  25. Filing: Amazon warned Parler for months about “more than 100” violent threats
  26. Parler’s amateur coding could come back to haunt Capitol Hill rioters
  27. Trump, Parler, and the internet regulation fallout (Andres Guadamuz)
  28. Facebook says it’s blocking posts with the phrase “stop the steal”
  29. Big ISPs pause donations to 147 Republicans who tried to reverse Biden’s win
  30. Snowflake Josh Hawley Seems To Think The 1st Amendment Means Simon & Schuster Has To Give Him A Book Contract
  31. Some Thoughts On Twitter Pulling The Plug On Trump’s Account
  32. Irony: German Chancellor Merkel Upset At Twitter For Banning Trump; Meanwhile Germany Demands Social Media Blocks Dangerous Content
  33. More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google (Eric Goldman)
  34. The First Amendment: Where it is Implicated, and Where it is Not
  35. A New Year, a new approach to digital regulation: the DSA and Online Harms
  36. SolarWinds malware has “curious” ties to Russian-speaking hackers
  37. “Baby-making machines”: Chinese tweet on Uighurs not against Twitter rules
  38. Twitter takes down China’s “baby-making machines” tweet on Uighur women
  39. Appeals Court: Just Because Someone Used An Email Account To Send Threats Doesn’t Make It An ‘Interstate’ Crime
  40. Mossack Fonseca & Co. v. Netflix Inc. (California: Central District December 23, 2020): In libel action concerning Netflix’s 2019 film The Laundromat, district court grants anti-SLAPP motion.
  41. PSA: If Someone Doesn’t Accept Your Friend Request, Do Not Threaten To Kill Them And Kick In Their Front Door
  42. Goliath Beater Roku Rockets Into ‘The Streaming Decade’
  43. Quibi’s $1.75B experiment ends with Roku acquisition for “less than $100M”
  44. Roku Has Officially Acquired Quibi’s Pricey Programming Library
  45. Internet Shutdowns in 2021 
  46. The Year That Changed the Internet
  47. New proposals for regulation of online platforms in Europe
  48. Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink
  49. New Op-Ed: People Who Understand Section 230 Actually Love It (Eric Goldman)
  50. Section 230 Year-in-Review for 2020 (Eric Goldman)
  51. Content Moderation Case Study: SoundCloud Combats Piracy By Giving Universal Music The Power To Remove Uploads (2014)
  52. Content Moderation Case Study: Yelp Attempts To Tackle Racism On Its Platform (2020)
  53. The Slope Gets More Slippery As You Expect Content Moderation To Happen At The Infrastructure Layer
  54. Everything Pundits Are Getting Wrong About This Current Moment In Content Moderation
  55. Twitter Bans Sci-Hub’s Account Because Of ‘Counterfeit Goods’ Policy, As Indian Copyright Case Heats Up
  56. Apple allegedly working with Hyundai on electric car for 2027
  57. Bummed about new Google Photos storage limits? Amazon Photos says “hi”
  58. A Google smart display with radar-based sleep tracking is reportedly happening
  59. How YouTube helps form homogeneous online communities
  60. YouTube Re-Teams With Demi Lovato For ‘Dancing With The Devil’ Docuseries
  61. YouTube Turns On Post-Roll Ads By Default On All 10-Minute, Monetizing Videos
  62. YouTube Names Dr. Garth Graham Global Head Of Healthcare, In Bid To Bolster Authoritative Health Content
  63. ‘#YouTubeBlack Voices Grant Program’ Unveils Inaugural Class Of 132 Creator Recipients
  64. MrBeast Smashes 50 Million Subs, Though Recent Videos Have Lost A “Ridiculous” Amount Of Money
  65. 100 Thieves Snags AT&T Sponsorship, Will Install Branded ‘Valorant’ Team Training Room
  66. Some Uber, Lyft drivers sue over California ballot measure: Lawsuit says Proposition 22 is unconstitutional because it limits right to organize
  67. Sway House Investment Spurs Tinder Founder Sean Rad To Seed $1 Million In ‘Versus Game’ App
  68. Music and Social Media – Times are changing for brands on TikTok
  69. TikTok Launches 3-Month Incubation Program For Black Creators
  70. TikTok Breakout Noah Beck Lands Reality Series At AwesomenessTV
  71. Context is key: ASA dismisses complaint against a Laphroaig whisky ad accused of linking alcohol with sexual activity
  72. After corporate blunders and setbacks, Intel ousts CEO Bob Swan
  73. Qualcomm will acquire chip company founded by Apple execs for $1.4 billion
  74. Nvidia’s next laptop GPU generation powers a leap to 1440p displays
  75. Nvidia’s takeover of Arm is being investigated by UK competition authorities
  76. UK competition regulator to investigate Nvidia’s takeover of Arm
  77. 2H 2020 Quick Links, Part 5 (Contracts, E-Commerce, Defamation, Censorship, & More) (Eric Goldman)

A.I.

  1. UKIPO patent guidance updated for DABUS judgment
  2. Landmark artificial intelligence legislation becomes law
  3. Eye on AI
  4. An interview with Covington & Burling discussing artificial intelligence in the United States
  5. New York City proposes regulating algorithms used in hiring
  6. AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness
  7. Why Big Tech Wants Your Body
  8. Remember Sony’s electric car from CES? Now it’s being road-tested
  9. Tesla’s main self-driving rival isn’t Google—it’s Intel’s Mobileye
  10. FRB Governor Promotes Financial Inclusion through AI
  11. One piece of optical hardware performs massively parallel AI calculations 

INTELLECTUAL PROPERTY

  1. Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
  2. Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody
  3. This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
  4. Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another Case
  5. Dickinson v. Ryan Seacrest Enterprises, Inc. (USCA, Ninth Circuit, Dec. 21, 2020): Dismissal of claims by Janice Dickinson over allegedly false portrayal of her in reality television series. 
  6. Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services
  7. Digital Collections: Reflections on copyright 
  8. Copyright Office Begins Review of Changes in Satellite Television Statutory License for Carriage of Local Television Stations
  9. Is 2021 the year for artists to sell their music catalogues? 
  10. Art law – Recent developments January 2021 
  11. Use My Likeness? Over My Dead Body! 
  12. Canadian Madrid Applications: Practice Note for Foreign Agents 
  13. Trademark litigation: a global guide 2021 – Canada 
  14. Louisville Courier-Journal Wins ‘Derby Pie’ Trademark Dispute
  15. USPTO v Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act 
  16. The Trademark Modernization Act Establishes New Trademark Cancellation Procedures 
  17. United States: Key considerations in parallel criminal and civil trade secrets cases 
  18. Ten Trade Secret Resolutions to Keep for 2021 and Beyond 
  19. Court Rejects Attempt to “Stretch” Patent Claim Language 
  20. Watch What You Say! Prosecution History Estoppel in Canada 
  21. Election Ballot Verification – A Patent Subject Matter Eligibility Analysis 
  22. Patent Owner’s ex parte communications with members of Congress, the president, and PTAB APJs are sanctionable and the Board may craft its own reasonable sanctions 
  23. Patent protection in the time of COVID-19
  24. Why standard essential patents are now essential to you
  25. The Right to Repair in Massachusetts Rolls Forward 
  26. Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience” 
  27. 10 Patent Prosecution, Litigation Practice Trends From 2020 
  28. What Was Old Is New Again In IP Litigation — Thanks To Suspected Russian State-Sponsored Hack
  29. What Were the Top Intellectual Property Stories in 2020? 
  30. Cloud computing: overview of IP issues
  31. The EU / UK Trade Agreement: Three myths busted – Intellectual property

PRIVACY

  1. Trends to watch in 2021 – Privacy: issues in a hyper-connected world
  2. Privacy and Our New Virtual World
  3. Internet-Connected Chastity Cages Hit By Bitcoin Ransom Hack
  4. DOJ, US Court System Latest To Announce They’re Victims Of The Massive Solarwinds Hack
  5. Proactive Steps to Address the Issues Raised after Cyberattack on U.S. Federal Judiciary’s Electronic Filing System
  6. The SolarWinds hack is stunning. Here’s what should be done
  7. FTC Settles With Photo App Over Use of Facial Recognition Technology
  8. New York and Others Settle with CafePress Over 2019 Data Breach
  9. Cops Love Body Camera Footage… When It Clears Officers Of Any Wrongdoing
  10. Fifth Circuit Tosses Child Porn Conviction Predicated On Unconstitutional Searches Of Three Cellphones
  11. Five Key Developments in the Privacy and Data Security Sector in 2020 and Five Predictions for 2021

GAMES

  1. ESA suspends political contributions after assault on U.S. Capitol
  2. ESA PAC to pause political contributions following insurrection at US Capitol
  3. Twitch suspends Trump account following insurrection at US Capitol
  4. Updated: Twitch, Discord suspend Trump-related accounts after Capitol assault
  5. Twitch removes popular emote after pro player’s support for Capitol Hill mob
  6. Twitch pulls Pogchamp emote over link to Capitol siege supporter
  7. Twitch removes PogChamp emote it says was “the face of… further violence”
  8. Riot and Bungie file lawsuit against Destiny 2 and Valorant cheat-maker 
  9. Riot Games and Bungie file joint lawsuit against cheatmakers
  10. Koei Tecmo says it will sue over bootleg Dead or Alive video
  11. Dangen Entertainment settles dispute with Protoculture Games
  12. Nintendo Appears To Be Using A Fan-Made Drawing Of Mario Without Artist’s Permission Or Credit
  13. Legal risks and implications of hyper-realistic videogames
  14. CD Projekt apologizes again for Cyberpunk 2077 on consoles
  15. CD Projekt faces scrutiny from consumer protection org over Cyberpunk 2077
  16. CDPR CEO blames “in-game streaming” for Cyberpunk’s console problems
  17. CD Projekt leadership vows no ‘obligatory overtime’ during Cyberpunk 2077 fixes
  18. Polish competition watchdog investigating Cyberpunk 2077
  19. Capcom confirms at least 16,000 people affected by Nov. data breach
  20. Personal information of 16,415 people compromised during Capcom security breach
  21. Capcom security breach compromised personal data of 16,415 people
  22. Take-Two officially ends pursuit of Codemasters following EA offer
  23. Take-Two withdraws bid for Codemasters following EA offer of $1.2bn
  24. Wolfenstein 3D + Super Monkey Ball = free Nazi-flattening fun!
  25. Payload Studios launches incubator for underrepresented developers
  26. FTC wary of Apple and Google “squeezing developers”
  27. The FTC slams Tapjoy over deceptive ads, pledges to keep ‘gatekeeping giants’ in check
  28. FTC Settles With Mobile-Game Platform for Misleading In-Game Advertisements
  29. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
  30. Federal Trade Commission orders Tapjoy to better police fraudulent advertising
  31. Peter Moore: FIFA Ultimate Team is a “long way” from gambling
  32. EA’s hold over Star Wars games ends with Ubisoft’s open-world announcement
  33. Lucasfilm Games taps Ubisoft Massive to create new open-world Star Wars title
  34. Lucasfilm re-establishes Lucasfilm Games as home for all its gaming titles
  35. Star Wars games are now housed under a revived Lucasfilm Games brand
  36. Disney brings back the Lucasfilm Games brand for future Star Wars titles
  37. Bethesda lands Indiana Jones license
  38. Bethesda, Lucasfilm tease new Indiana Jones video game
  39. Lucasfilm and Ubisoft partner on Star Wars game
  40. GameStop holiday sales down 3.1% in 2020
  41. GameStop: Fewer stores, ‘industry-wide decline’, supply woes led to holiday sales slide
  42. N95 masks, gamer style: Razer’s crazy face-mask prototype revealed
  43. Video Games & the Novel (Eric Hayot)
  44. Video games have replaced music as the most important aspect of youth culture
  45. Forget power fantasies: pandemic-era players crave companionship | Opinion
  46. What will a post-pandemic games industry look like? | This Week in Business
  47. Tencent confirms 1m Nintendo Switch shipments in China
  48. Amazon’s 2020 gaming best-sellers again led by gift cards, Switch games
  49. Nintendo Switch dominates Top Ten as lockdown boosts game sales | UK Boxed Charts
  50. 43 million games sold in the UK in 2020 | UK Annual Report
  51. Number of mobile gamers increased 50% in the UK due to COVID-19
  52. Core gamers generated 66% of mobile revenues in 2020
  53. Newzoo sees mobile marketing upheaval in 2021
  54. Nerts! is the free, pleasant six-player card game we could all use right now
  55. GameFly introduces movies-only subscription
  56. Tilting Point signs $10 million publishing deal with South Korean dev Storytaco
  57. Best Fiends publisher Playtika launches $1.6B IPO
  58. Playtika launches IPO, looks to raise as much as $1.6b
  59. Roblox to go public through direct listing, not IPO
  60. Roblox secures fresh $520 million investment, outlines plans for direct listing
  61. Turtle Beach acquires Neat Microphones
  62. Epic acquires Rad Game Tools
  63. Steam saw 21% more games sold in 2020
  64. Over 8 million demos played during 2020’s Steam Festivals (and other nifty Steam stats)
  65. How did Rust make $1 million in Steam revenue in a day – twice?
  66. Genvid targets “a huge opportunity for game developers” with Rival Peak
  67. The future is digital — right?
  68. What does 2021 hold for the African games industry?
  69. What I learned playing 30+ years’ worth of Jeopardy! video games
  70. Handheld hardships | 10 Years Ago This Month
  71. Twitter says gaming posts up 75% in 2020
  72. Streamer TheGrefg breaks Twitch peak concurrent viewership records
  73. Twitch, Facebook see best months for viewership yet in December
  74. Dolphin Entertainment acquires esports and game PR agency B/HI
  75. B/HI acquired by Dolphin Entertainment
  76. Financing in the Esports sector
  77. Oculus Quest 2 players make up nearly half of Rec Room’s 1 million VR-using MAUs
  78. Making Chestnut Grove (a game set in the pandemic) during the pandemic
  79. Blog: Deconstructing the product strategy of PC Building Simulator
  80. Blog: Have video games become products like any other?
  81. Blog: Studying physical elements of play 
  82. Blog: How many currencies should my game have?
  83. Blog: How studios can prevent unauthorized spending in games
  84. Don’t Miss: The challenges BioWare faced designing Mass Effect 3
  85. Don’t Miss: A 2014 Lucasfilm Games postmortem, told by those who lived it
  86. Don’t Miss: Leveraging physical animation to sell Force powers in Star Wars Jedi: Fallen Order
  87. Video: The appeal of ‘legacy’ board games
  88. GI 100 | Game Changers

Jon

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BC Supreme Court ruled to have jurisdiction in defamation lawsuit against Twitter by BC plaintiff

Hey all,

The BC Supreme Court ruled yesterday in Giustra v. Twitter, Inc., 2021 BCSC 54 that the court has (and will exercise) jurisdiction in a defamation lawsuit against California-based Twitter by a BC plaintiff. The ruling provides encouragement for Canadian plaintiffs attempting to hold U.S.-based internet platforms responsible for content accessed by Canadians.

As per the CBC article below:

West Vancouver billionaire Frank Giustra has been given the go-ahead to sue Twitter in a B.C. courtroom over the social media giant’s publication of a series of tweets tying him to baseless conspiracy theories involving pedophile rings and Bill and Hillary Clinton.

In a ruling released Thursday, Justice Elliott Myers found that Giustra’s history and presence in British Columbia, combined with the possibility the tweets may have been seen by as many as 500,000 B.C. Twitter users, meant a B.C. court should have jurisdiction over the case.

https://www.cbc.ca/news/canada/british-columbia/pizzagate-twitter-defamation-giustra-1.5874201?cmp=rss

Note: The CBC article seems to conflate the court’s finding of territorial competence with its decision to exercise jurisdiction under the forum non conveniens analysis.

An interesting part of the court’s analysis is the court’s rejection of Twitter’s argument of forum non conveniens, in which the court distinguishes the facts of the present case from the leading case regarding jurisdiction over internet defamation (Haaretz.com v. Goldhar, 2018 SCC 28). In Haaretz, the ONSC was found to have jurisdiction simpliciter but Ontario was ruled to be forum non conveniens (in favour of an Israeli court).

The full judgment can be accessed here:
https://www.bccourts.ca/jdb-txt/sc/21/00/2021BCSC0054.htm

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