MEDIA, COMMUNICATIONS & NET NEUTRALITY

1. Netflix in campaign to ‘set record straight’ on $500-million pledge for Canadian productions
2. Think There Should be a Netflix Tax?: Why There is Nothing Stopping Canadian Subscribers From Paying Today (Michael Geist)
3. Donald Trump tweet suggests that FCC should take NBC off the air: That’s “not how it works,” FCC commissioner tells the president.
4. Zero Rating & Internet Adoption
5. Advertised broadband speeds should actually be realistic, UK tells ISPs: ISPs would have 30 days to improve speeds or risk losing customers.
6. Anybody Claiming Net Neutrality Rules Killed Broadband Investment Is Lying To You
7. Wall Street Predicts Apathetic Regulators And Limited Competition Will Let Comcast Double Broadband Prices
8. Analysts Predict Sprint, T-Mobile Merger Will Be A Massive Job Killer 

DIGITAL

1. Catalan independence websites blocked by Spanish government in bid to stop referendum: ‘Blocking domain name servers is doing what Turkey does and what China does and North Korea does’
2. The Disturbing Rise Of Cyberattacks Against Abortion Clinics
3. Iran Cracks Down On Movie Pirates In The Most Inception-Esque Manner Possible
4. Russia Moves to Block Cryptocurrency Exchanges
5. Miami Beach Police Unaware Of The First Amendment, Arrest Guy For Twitter Parody Account
6. Miami Beach cops arrest man for Twitter parody of police spokesman – Police chief: Parody “threatened to damage the reputation” of police department.
7. Congress members threaten Twitter with regulation if it doesn’t suppress ‘racially divisive communications’ and ‘anti-American sentiments’
8. Alt-White: How the Breitbart Machine Laundered Racist Hate – Here’s How Breitbart And Milo Smuggled Nazi and White Nationalist Ideas Into The Mainstream – A cache of documents obtained by BuzzFeed News reveals the truth about Steve Bannon’s alt-right “killing machine.”
9. Fantasy gambling is newsworthy, doesn’t violate players’ rights of publicity (Rebecca Tushnet)
10. Suing Doe reviewers under the Lanham Act fails (Rebecca Tushnet)
11. Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris (Eric Goldman)
12. B.C. social-media terror case shows pitfalls for prosecution (Benjamin Perrin)
13. Real Talk About Fake News: Towards a Better Theory for Platform Governance (Nabiha Syed)
14. How to seek truth in the era of fake news
15. Supreme Court Leaves Troubling CFAA Rulings In Place: Sharing Passwords Can Be Criminal Hacking
16. Potential Lawsuit Could Reveal How Trump Targeted Voters on Facebook and If There’s Any Connection to Russia
17. How Israel Caught Russian Hackers Scouring the World for U.S. Secrets
18. Kaspersky reportedly modified its AV to help Russia steal NSA secrets: Hackers used company’s software to secretly scan for top-secret information, WSJ says.
19. Kaspersky, Russia, And The Antivirus Paradox
20. Silicon Valley’s Russian ads problem, explained: Why Facebook, Google and Twitter find themselves in the middle of an investigation into the 2016 election.
21. Report: Facebook removed references to Russia from fake-news report – Facebook decided it didn’t have enough evidence to name Russia in April report.
22. Atone? He’d better: Facebook is still the biggest source of right-wing fake news – From Hillary rumors to the nonexistent Puerto Rico truckers’ strike, Facebook continues to spread total garbage
23. The Threat of Big Tech Is Real: Why it’s time to panic about what Google and Facebook are doing to our lives.
24. “The Industry Is Fundamentally Broken”: Women On Sexism In Silicon Valley
25. How Facebook Rewards Polarizing Political Ads
26. The science behind why fake news is so hard to wipe out: It’s time for Facebook and Google to pay attention to the psychology of the illusory truth effect.
27. How Facebook Outs Sex Workers
28. Facebook outsources its fake news problem to Wikipedia—and an army of human moderators
29. Accidental Dow Jones News Report Claims Google to Buy Apple for $9 Billion
30. Dow Jones posts fake story claiming Google was buying Apple: Story claims Jobs arranged the $9 billion acquisition in his will.
31. Why Apple could be slapped with a massive $15 billion Irish tax bill: Tech giants use shell companies to defer corporate income tax bills indefinitely.
32. Jony Ive’s creativity pales compared to Apple’s App Store lawsuit defense: Apple sells “software distribution services to developers” who lease App Store space.
33. Supreme Court says live streaming would “adversely affect” oral arguments: Court wants transparency “while preserving the integrity of its proceedings.”
34. Facebook’s Promise of Community Is a Lie: Under increasing criticism for spreading fake news, the internet giant is using communitarianism as a shield.
35. Monopoly Men: After an eventful summer in Silicon Valley, there is blood in the water. At stake is democracy itself.
36. Should Facebook And Twitter Be Regulated Under The First Amendment?
37. Insights: New Year, New Start for Facebook’s Ad Targeting Troubles
38. Dove apologizes for ‘racist’ ad that caused outcry on social media
39. Twitter Temporarily Blocks Campaign Ad… Getting It Much More Attention
40. “Baby body parts” campaign ad from US House member blocked by Twitter
41. Algorithms Have Already Gone Rogue
42. Most people saw the Las Vegas shooting as a tragedy. Propagandists saw an opportunity.: Fake rumors designed to spread anti-leftist bias included making up victims, wrongly identifying the shooter, and feeding false narratives to media.
43. YouTube Enacts Search Algorithm Changes After Las Vegas Conspiracy Videos Run Rampant
44. Return of the algorithm monster: YouTube auto-promoted conspiracy theory videos – Dubious search results have led YouTube to “accelerate the rollout of planned changes.”
45. Algorithmic Consumer Protection: To manage the risks & benefits of AI, we need to look beyond the fairness and accuracy of AI decisions.
46. Vegan’s life upended after Facebook rant about “carnists” killed in Vegas: “It’s almost like a lynch mob is forming,” she says about the fallout from her post.
47. YouTube Restricts Videos Related To Bump Stocks In Wake Of Las Vegas Shooting
48. When YouTube Removes Violent Videos, It Impedes Justice
49. Creators Cry Foul After YouTube Demonetizes Casey Neistat’s #LoveArmyLasVegas Video
50. Jake Paul Sued For Damaging Man’s Hearing During Car Horn Prank
51. German YouTube Star Finds Himself Facing Trial One Year After Ill-Advised Prank
52. Defy Media Fires ‘Honest Trailers’ Creator Andy Signore After Wave Of Sexual Misconduct Allegations
53. Amazon Weighing New Ad Programs To Make It A More Formidable YouTube Competitor (Report)
54. GAW Miners founder owes nearly $10 million to SEC over Bitcoin fraud: Homero Josh Garza’s now-defunct companies must also pay $10 million.
55. The Creator of Bitcoin Comes Clean, Only to Disappear Again
56. How a Silicon Valley Striver Became the Alt-Right’s Tech Hero: Andrew Torba founded Gab.ai as a “free speech” alternative to other social networks
57. Google CEO Sundar Pichai: ‘I don’t know whether humans want change that fast’ – From artificial intelligence to cheap smartphones, Google is on the frontline of technological development. But is it growing too big and moving too fast?
58. Google’s New AI Can Mimic Human Speech Almost Perfectly
59. Google’s Internet-Beaming Balloons Will Soon Be Floating Over Puerto Rico
60. Google Fiber is losing interest in old-school TV: Existing TV customers will be kept on, but some will see a price increase.
61. Kurzweil Claims That the Singularity Will Happen by 2045
62. The Last Invention of Man: How AI might take over the world.
63. The Seven Deadly Sins of AI Predictions: Mistaken extrapolations, limited imagination, and other common mistakes that distract us from thinking more productively about the future.
64. Put Humans at the Center of AI
65. Waiting for the AI claims hurricane 
66. We Almost Gave Up On Building Artificial Brains
67. As IBM Ramps Up Its AI-Powered Advertising, Can Watson Crack the Code of Digital Marketing?: Acquisition of The Weather Company fuels a new division
68. Should drunk drivers be charged with DUI in fully autonomous cars?: New laws will have to be written based on the level of automation you have.
69. How Smartphones Hijack Our Minds: Research suggests that as the brain grows dependent on phone technology, the intellect weakens
70. ‘Our minds can be hijacked’: the tech insiders who fear a smartphone dystopia: Google, Twitter and Facebook workers who helped make technology so addictive are disconnecting themselves from the internet. Paul Lewis reports on the Silicon Valley refuseniks alarmed by a race for human attention
71. While You Were Offline: The People Of Twitter Agree With Rex Tillerson
72. Does The Media Cover Trump Too Much? Too Harshly? Too Narrowly?
73. Your Data is Being Manipulated (danah boyd)
74. Six Features of the Disinformation Age
75. Facebook Security Chief Alex Stamos Hits Back at Media Coverage of Its Algorithms
76. Facebook security chief rants about misguided “algorithm” backlash
77. Facebook Quietly Enters Starcraft War For AI Bots, And Loses
78. At UN, robot Sophia joins meeting on artificial intelligence and sustainable development
79. The Reports Are In: AI and Robots Will Significantly Threaten Jobs in 5 Years
80. District 9 Director’s New Short Movie Offers A Disturbing Look At Our AI Future
81. New Theory Cracks Open The Black Box Of Deep Neural Networks
82. Why Don’t We Know the 100s of Women Writing About Tech?: When the Los Angeles Review of Books included only one woman writer in its tech issue, the Internet responded with a glorious list of women writers we should all know.
83. How To Tell When Someone Else Tweets From @Realdonaldtrump
84. What Rick and Morty fans’ meltdown over McDonald’s Szechuan Sauce says about geek culture: The mass revolt illustrated what increasingly toxic fandom culture looks like in real life.
85. McDonald’s apologizes after ‘Rick and Morty’ Szechuan sauce deal makes adults mad, kids cry
86. Dubai Prince Shows Off His Life Like No Other Royal
87. Netflix Is Raising Prices Again
88. Netflix raises its US monthly fee again, but only for two plans: The lowest tier stays the same, and the others are still competitive.
89. Why Shonda Rhimes left TV for Netflix: ‘I love the creative freedom’
90. Publishers seek removal of millions of papers from ResearchGate: Academic social network accused of infringing copyright on a massive scale
91. New ‘Coalition For Responsible Sharing’ About To Send Millions Of Take-Down Notices To Stop Researchers Sharing Their Own Papers
92. Library trolls copyright zealots by naming collection after Sonny Bono: Little-known copyright provision allows reproduction of full book texts.
93. Authors Alliance & Creative Commons Launch New Termination Of Transfer Tool
94. Windows Phone is now officially dead: A sad tale of what might have been
95. “Technical difficulties” plague Arizona lottery; same winning numbers drawn: Yet again, Arizona Lottery investigates a glitch with a random number generator.
96. 7th Annual Streamy Awards Live Stream Scores One Million Unique Viewers On Twitter
97. AOL Is Shutting Down AIM in December
98. kthxbai: AOL Instant Messenger is being turned off on December 15^th – 20 years is a long time on the Internet.
99. So Long, Aim. For Years, For Millions, You Were The Internet
100. Fact: Asking Whether We Live in a Simulation is Not A Scientific Question
101. Tim O’Reilly on why the future probably won’t be all that terrible: Economies as AI, humans as gut bacteria for tech, and how the Luddites got it wrong.
102. What is the Value of Re-use? Complementarities in Popular Music (Jeremy Watson)
103. Online Platforms and Free Speech: Regulating Fake News (Yale Law Journal)
104. DPLA Exchange Offers Library-Centered Ebook Marketplace
105. EU Commission issues guidance to online platforms for tackling illegal content online

CREATIVITY

1.  Ennio Morricone Loses Bid to Reclaim Rights to Film Scores
2. Appeals Court Skeptical About Overturning Marvin Gaye Family’s “Blurred Lines” Victory
3. Salt Lake Comic Con Fights Back Against Judge’s ‘Unprecedented’ Gag Order
4. Courtroom “Feud” Leaves Accurate Speech About Celebrities Unprotected
5. Who Can Create Copyrightable Work in Canada? Musings on a Monkey’s Selfie
6. Books from 1923 to 1941 Now Liberated!
7. Gender stereotyping in UK advertising – staying on the right side of the line  
8. Entertainment trade associations looking for opportunity to push a false narrative
9. From Aggressive Overtures to Sexual Assault: Harvey Weinstein’s Accusers Tell Their Stories – Multiple women share harrowing accounts of sexual assault and harassment by the film executive.
10. Men Must Step Up to Change the Hollywood Culture That Enabled Harvey Weinstein 
11. Caroline Gleich Fights Back Against Cyber Harassment: Caroline Gleich’s Instagram feed is full of epic shots of the pro skier conquering the planet’s hardest lines. But in recent years, it was marred by an ugly shadow: anonymous bullies whose abusive comments left a wake of anxiety and doubt. Then Gleich spoke out about her tormenters—and realized she wasn’t the only adventure athlete being harassed online. 
12. The share of women in newsrooms has increased barely 1 percentage point since 2001, ASNE data shows: Things are almost as bad when it comes to the hiring of people of color: The share of POC working in American newsrooms is up 2.9 percent since 2001.
13. The fight for the First Amendment, on campuses and football fields, from the sixties to today.
14. Can the First Amendment save us?: It took a long time for the press to gain freedom and respect in America. Now both are in peril.
15. How hip hop became the force behind Gabon’s political activism
16. Bassel Khartabil’s Story Proves Online Activism Is Still Powerful
17. Is Trump-Whisperer Maggie Haberman Changing The New York Times?: She’s a West Wing-beat colossus and a sui generis creature at the paper of record. “Maggie’s success is very much part of that tabloid, Twitter-fied sensibility bleeding into the Times,” says a colleague.
18. Trump and the Watergate effect: Will young journalists still be inspired by today’s watchdog reporting?
19. The Liberation of Kesha: Before she could make one of the year’s best albums, Kesha had to save her own life
20. Whoops: Drug ads gloss over risks with a mind trick – that’s backed by the FDA – Drug makers are supposed to be forthcoming with health risks – and the more the better.
21. France Has ‘Champagne,’ Portugal Has ‘Port.’ Should Australia Have ‘Uggs?’
22. Marvel Keeps Making TV—But How Many Networks Is Too Many?
23. Canada: The cult of personality (rights)

SURVEILLANCE & PRIVACY

1. SCC rules residential school survivors’ testimony should be kept private
2. US Government Has ‘No Right To Rummage’ Through Anti-Trump Protest Website Logs, Says Judge
3. Court significantly reins in what data anti-Trump website must give to feds – Judge: DOJ can’t “rummage through the information contained on DreamHost’s website.”
4. Treasury Department Wing Latest To Be Accused Of Domestic Spying
5. Supreme Court: Hacking conviction stands for man who didn’t hack computer: High court refuses to hear appeal of hacking conviction, one-year prison sentence.
6. Russia reportedly stole NSA secrets with help of Kaspersky—what we know now: Proven or not, the accusations almost certainly mean the end of Kaspersky as we know it.
7. How Kaspersky AV reportedly was caught helping Russian hackers steal NSA secrets: Reports say Israeli spies burrowed inside Kaspersky’s network caught Russia red handed.
8. Hackers Grab More NSA Exploits, Possibly With Assistance Of Russian Antivirus Developer
9. The NSA’s ‘Time Machines’ Make It Incredibly Easy To Violate Section 702 Restrictions
10. The Worst-Case Scenario For John Kelly’s Hacked Phone
11. House Judiciary Committee Introduces Weak Surveillance Reform Bill
12. Deputy AG Pitches New Form Of Backdoor: ‘Responsible Encryption’
13. Trump’s DOJ tries to rebrand weakened encryption as “responsible encryption”: DOJ rekindles fight with Apple, wants government access to encrypted devices.
14. DOJ Says No One Has Any Right To Question The Adminstration’s Handling Of Records, Not Even The Courts
15. How the Chinese cyberthreat has evolved
16. UK Home Secretary Calls Tech Leaders ‘Patronizing’ For Refusing To Believe Her ‘Safe Backdoors’ Spiels
17. Man who sued over Facebook childbirth livestream slapped with $120k in fees: Plaintiff stayed mum about possible money received in three other cases.
18. The Equifax Aftermath – We Need More Hacking
19. Man: My wife and I were secretly filmed at our Airbnb rental – “I hope more victims will come forward,” says man who claims he was recorded naked.
20. T-Mobile customer data plundered thanks to bad API: T-Mobile missed bug that allowed harvesting of IMSI numbers, security question answers.
21. Hackers Score Touchdown: NFL Players Association Hit With Data Breach 
22. Google is permanently nerfing all Home Minis because mine spied on everything I said 24/7 
23. Sex Toys Are Just As Poorly-Secured As The Rest Of The Internet of Broken Things
24. Locking Your Phone Like This Is Pretty Much Useless
25. Mattel withdraws kid-focused “smart hub” from market after complaints: Lawmakers, child advocates expressed concern about caregiving being “outsourced.”
26. Beware of sketchy iOS popups that want your Apple ID: Benign iOS prompts are indistinguishable from those generated by malicious apps.
27. Schrems Redux: What’s the Future for Transatlantic Data Transfers?
28. An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

Jon

MEDIA, COMMUNICATIONS & NET NEUTRALITY

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

DIGITAL

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

CREATIVITY

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

SURVEILLANCE & PRIVACY

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

Jon

MEDIA, COMMUNICATIONS & NET NEUTRALITY

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

DIGITAL

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

CREATIVITY 

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

SURVEILLANCE & PRIVACY

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

Jon

MEDIA, COMMUNICATIONS & NET NEUTRALITY

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

DIGITAL

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

CREATIVITY

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

SURVEILLANCE & PRIVACY

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

Jon