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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

News of the Week; August 30, 2017

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

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News of the Week; August 23, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Pick-and-pay TV system a hit with Canadians, nearly one third bought solo channels: report – Although the vast majority of subscribers continue to buy larger packages, MTM’s research suggests a massive jump in interest in the smaller packages
  2. Judge Kills AT&T’s Attempt To Thwart Google Fiber Competition In Louisville
  3. AT&T’s attempt to stall Google Fiber construction thrown out by judge: AT&T sued Louisville over pole attachment rule, but judge says rule is valid.
  4. Trump’s DOJ not trying to stop AT&T/Time Warner merger: AT&T and DOJ “discussing merger conditions” that would let deal go forward.
  5. Former FCC Commissioner Tries To Claim Net Neutrality Has Aided The Rise Of White Supremacy
  6. Stop hiding 47,000 net neutrality complaints, advocates tell FCC chair: FCC now says it will release net neutrality complaints “as soon as we can.”
  7. Crowdfunded Billboards Shame Politicians For Selling You Out On Net Neutrality
  8. FCC’s claim that it was hit by DDoS should be investigated, lawmakers say: FCC hasn’t shown proof that it was attacked, Democrats say in call for probe.
  9. Lawmakers Want The GAO To Investigate The FCC’s Flimsy DDoS Claim
  10. Cox starts charging $50 extra per month for unlimited data: Or you can get another 500GB for an extra $30 every month.
  11. Verizon Begins Throttling Wireless Users, Effectively Bans 4K Streaming
  12. Verizon to start throttling all smartphone videos to 480p or 720p: No 4K video allowed—new bandwidth limits apply to mobile hotspots, too.
  13. Patent-licensing company loses its $30M verdict against Sprint:Prism Technologies saw through three  jury trials against big cell carriers.
  14. This is Sinclair, ‘the most dangerous US company you’ve never heard of’: Sinclair is the largest broadcast company in America. But its partisan politics – and connections to the White House – are raising concerns
  15. James Murdoch donates $1 million to the Anti-Defamation League following events in Charlottesville
  16. James Murdoch Rips Trump: “Standing Up to Nazis Is Essential” – In a memo, he also pledged a donation of $1 million to the Anti-Defamation League.
  17. Looking at Music Royalty Issues for Radio and TV Broadcasters
  18. Tech Journalists Keep Completely Missing The Point Of Cord Cutting

DIGITAL

  1. Judge sides with YouTubers Ethan and Hila Klein in copyright lawsuit
  2. YouTubers Ethan And Hila Klein Win Copyright Case, Court Says h3h3Productions’ Use Of Video Is Fair Use
  3. Appeals Court Grapples With Digital Files, and the Business of Selling “Used” Songs
  4. Uber’s Contract Upheld in Second Circuit–Meyer v. Uber
  5. Legal ruling in: Facebook ‘friends’ aren’t necessarily real friends
  6. Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster
  7. Aspiring Actor Forges Court Order To Delist Content, Gets Busted By Judge, Forges Court Order To Delist Article About Contempt Charges
  8. Supreme Court asked to nullify the Google trademark: The case comes two months after court’s “offensive” trademarks ruling.
  9. Failed Cybersquatter Asks Supreme Court To Declare ‘Google’ A Generic Term
  10. Federal Judge Upholds Magistrate’s Ruling, Says Google Must Hand Over Data From Overseas Servers
  11. How the tech sector can legally justify breaking ties to extremists: Generally speaking, private enterprise may refuse service on ideological grounds.
  12. Code for tolerance: How tech companies can respond to hate but respect human rights
  13. The Tor Project Defends the Human Rights Racists Oppose
  14. Tor “can’t build free and open source tools” and stop racists from using them: “We are everything they claim to despise,” but Tor won’t prevent vile usage of its tools.
  15. Neo-Nazi Daily Stormer loses its Russian domain, too: Russian official cites “strict regime” for combatting extremism online.
  16. After bouncing around the Web, Daily Stormer lands a new CDN provider – BitMitigate founder: “I thought it would really get my service out there.”
  17. Spurned by Major Companies, The Daily Stormer Returns to the Web With Help From a Startup: The 20-year-old founder of BitMitigate said he had taken on the neo-Nazi website because he believes in free speech and because, “I thought it would really get my service out there.”
  18. Unable to get a domain, racist Daily Stormer retreats to the Dark Web: “We can’t keep trying random registrars,” site’s admin writes.
  19. After years of investigation, feds bust one of AlphaBay’s largest drug rings
  20. So, just how guaranteed is your freedom of speech online?
  21. Google explains why it banned the app for Gab, a right-wing Twitter rival: Gab’s free-speech stance makes it popular with right-wing trolls and racists
  22. Here’s a way to silence Trump on Twitter: Buy the microblogging service – White House says it’s a “ridiculous attempt” to silence Trump’s 1st Amendment rights.
  23. YouTube Briefly Nukes Video Of Nazi Symbol Destruction For Violating Hate Speech Rules
  24. Defining ‘Hate Speech’ Online Is An Imperfect Art
  25. OkCupid bans white supremacist “for life,” asks daters to report others: A white supremacist featured in a Charlottesville documentary can’t use OKC any
  26. One-Time Allies Sour On Joining Trump’s Tech Team
  27. Mnuchin’s Wife Mocks Oregon Woman Over Lifestyle and Wealth
  28. Mnuchin’s Wife Goes Full Marie Antoinette In Instagram Meltdown: The millionaire wife of the millionaire Treasury secretary bragged about how much they pay in taxes and accused a critic of being “adorably out of touch.”
  29. Before she was poor-shaming on Instagram, Louise Linton wrote a “white savior” Africa memoir
  30. Killer robots are coming, and Elon Musk is worried: Technology leaders warn autonomous drones could become “weapons of terror.”
  31. Sorry Elon Musk, the machines will not win – Weblog: Cyber expert Ryan Calo writes paper to demolish belief in looming AI apocalypse
  32. Killer robots: Experts warn of ‘third revolution in warfare’
  33. We can’t ban killer robots – it’s already too late
  34. Sorry, Banning ‘Killer Robots’ Just Isn’t Practical
  35. Taryn Southern Shares First YouTube Music Video For Album Composed Entirely By AI
  36. Dunce’s App: How Silicon Valley’s brand of behaviorism has entered the classroom
  37. Reddit Launches An In-House Video Player In Beta
  38. Now you can post videos directly to Reddit, no third-party service required: Upload .mp4 and .mov files directly from your phone or computer.
  39. Whatever Your Side, Doxing Is A Perilous Form Of Justice
  40. Fighting Neo-Nazis and the Future of Free Expression (EFF)
  41. The Great Free Speech Online Debate (Andres Guadamuz)
  42. Moving On From Obviously Fake News To Plausibly Fake News Sites
  43. Mapping The Most And Least Troll-Ridden Places In The U.S.
  44. We Live in Fear of the Online Mobs: Internet shaming spreads everywhere and lives forever. We need a way to fight it.
  45. Woman: My Uber driver went wrong way, I said something, he pushed me out – According to Courthouse News Service, Uber has been sued at least 433 times in 2017.
  46. SEC Report Asserts Cryptocurrency Tokens Are Securities Under US Law
  47. A Very Dumb Mistake Costs Cryptocurrency Investors Big Time
  48. Not a Token Gesture: Compensating Service Providers with Virtual Property
  49. A Google Tax Isn’t Going To Give Publishers The Payout They Think It Will
  50. Sharp sues Hisense over a foreign “gag order”: Sharp files a lawsuit in order to talk about the TVs being made in its name.
  51. Lawsuit revived over Apple retail workers’ pay during security checks: Dispute has widespread ramifications about pay for time spent in security checks.
  52. Proposed California Law Targets Sexual Harassment In Venture Capital
  53. Machines Taught By Photos Learn A Sexist View Of Women
  54. Quebecker files class action against Netflix over fee hike
  55. Insights: Breaking Up is Easy To Do—Netflix Rolls On After Disney Announcement
  56. Netflix Is Using The Defenders To Understand Its Audience­­
  57. This is how Netflix’s top-secret recommendation system works: Netflix splits viewers up into more than two thousands taste groups. Which one you’re in dictates the recommendations you get
  58. Why You Can’t Download All The Streaming Media You Want
  59. Roku Increases market share ahead of Amazon, Google, Apple
  60. Amazon’s Turker Crowd Has Had Enough
  61. Wisconsin lawmakers vote to pay Foxconn $3 billion to get new factory: State taxpayers could end up paying Foxconn $500,000 per job, or more.
  62. YouTube Music Chief Lyor Cohen: Promoting And Breaking New Artists Is A Top Priority
  63. YouTube, Facebook and Moral Rights
  64. ‘They could destroy the album’: how Spotify’s playlists have changed music for ever – Custom playlists on the streaming site can bring unknown artists to millions. But are they altering how songs get written?
  65. CNN launches daily news show on Snapchat
  66. Facebook really is losing teen users to Instagram and Snapchat
  67. Snapchat to Move Into Scripted Content by Year’s End
  68. Facebook, NASA To Host 4K, 360-Degree Live Stream Of Total Solar Eclipse
  69. Solar Eclipse Brings 3.1 Million Views To NASA’s Facebook Live Stream, Takes 10% Of Netflix Audience
  70. Facebook Takes New Steps To Crack Down On Video Clickbait
  71. Facebook’s evolutionary search for crashing software bugs: Ars gets the first look at Facebook’s fancy new dynamic analysis tool.
  72. Twitter To Stream From Inside Race Cars During NASCAR Playoffs
  73. Disney Tops BuzzFeed In Monthly Social Video Views For First Time In A Year (Study)
  74. Turner To Launch OTT Sports Platform, Live Games On Bleacher Report
  75. YouTube TV Adds 14 New Markets To Reach 50% Of US Households
  76. Angela Merkel Discusses Gender, Emojis During Studio71-Produced YouTube Stream
  77. YouTube Rolls Out ‘Breaking News’ Feed On Desktop Site And Mobile Apps
  78. Studio71 Sues Bethany Mota And Her Dad/Manager Over Brand Deal Gone Awry
  79. Moviepass Wants To Save Moviegoing – If Theaters Will Let It
  80. Australia blocks another 59 popular pirate sites
  81. Cambridge University Press backs down over China censorship: Publisher will reinstate articles to which it blocked online access in China in the face of international protests by academics
  82. ‘Smart’ Lock Vendor Locks Hundreds Out Of Their Home With Bungled Firmware Update
  83. “Bing is bigger than you think,” Microsoft boasts, at 33% of US searches: It turns out that “But nobody uses Bing!” isn’t actually true.
  84. Microsoft’s Speech Recognition is Now as Good as a Human Transcriber
  85. Intel first 8th generation processors are just updated 7th generation chips: No Coffee Lake or Cannonlake here; these are doubled up Kaby Lake parts.
  86. NAFTA Negotiations: Authors Alliance Joins Public Interest Groups In Support Of Transparency And Balanced Copyright Policy
  87. Civil society urges trade decision-makers to consider the impacts of NAFTA on digital rights
  88. Who Falls for Fake News? The Roles of Analytic Thinking, Motivated Reasoning, Political Ideology, and Bullshit Receptivity (Gordon Pennycook & David  Rand)
  89. The NAFTA E-commerce Chapter: Ensuring the New Chapter Reflects Canadian Priorities (Michael Geist) 

CREATIVITY

  1. The Tragedy Of Charlottesville In Two Powerful Photos
  2. Op-Ed: Speech in America is fast, cheap and out of control
  3. NFL Tells ICE That Parody Shirts Are Counterfeits
  4. Freedom of panorama in Portugal: content and scope of the exception
  5. Why the CJEU cheese copyright case is anything but cheesy
  6. Is 2 seconds of television time too much to be a fair use? 
  7. Toblerone shape not distinctive enough for trademark, Poundland claims: Defending its right to launch Twin Peaks bar, budget chain cites Toblerone version with fewer chunks brought out last year
  8. Chateau Marmont, Hotel For Celebrity Humans, Sends Trademark C&D To Cateau Marmont, Hotel For Cats
  9. Comparative advertising using P’s logo is nominative fair use (Rebecca Tushnet)
  10. Forgetting Functionality (Christopher Buccafusco & Jeanne Fromer)
  11. Court Rules Ford Trucks’ Claim Is Puffery: A false advertising suit against Ford Motor Co. was limited after a federal court judge found the company’s “Built Ford Tough” claim is non-actionable puffery.
  12. Directing a Spotlight on the Feud over Ownership of Château Miraval’s Lights
  13. Because Of Course There Are Copyright Implications With Confederacy Monuments
  14. Louisiana’s Criminal Defamation Law Abused Again, But This Time The Gov’t Gets Away With It
  15. What Europe Can Teach America About Free Speech: In an unregulated marketplace of ideas, private citizens need to take up the burden of holding the line against racist extremism.
  16. The Right to Attention in an Age of Distraction
  17. Canada’s Diva of Doodlers has Definitively Distilled in this Divine Depiction the Diverging Directions of Debate on Canadian Copyright

SURVEILLANCE & PRIVACY

  1. Feds drop demand for 1.3 million IP addresses that visited anti-Trump site: Despite warrant’s language, feds say they didn’t want disruptj20.org visitor logs.
  2. Another staged body cam leads to 43 more dropped Baltimore prosecutions: Latest video “was self-reported as a re-enactment of the seizure of evidence.”
  3. Australian Gov’t Accessed Domestic Metadata Thousands Of Times, Shared Some Of It With China
  4. Federal Judge Upholds Magistrate’s Ruling, Says Google Must Hand Over Data From Overseas Servers
  5. Wanted: Weaponized exploits that hack phones. Will pay top dollar – Exploit broker Zerodium ups the ante with $500,000 to target Signal and WhatsApp.
  6. Border Device Searches Continue To Increase, Threatening More Than Just The 4th Amendment
  7. Indians have right to privacy, Supreme Court rules
  8. Spyware backdoor prompts Google to pull 500 apps with >100m downloads: Google killed secret plugin download capability after being alerted by researchers.
  9. Court Says Gov’t Needs More Than The Assumption Someone Owns A Cellphone To Justify A Search
  10. FOIA Lawsuit Filed Over DOJ Data Complainant Is Pretty Sure Doesn’t Even Exist
  11. Sonos Users Forced To Choose Between Privacy And Working Hardware
  12. As HBO Screams About GoT Episodes Leaking From A Hack, HBO Leaks Next GoT Episode Early
  13. Breaking Down HBO’s Brutal Month Of Hacks
  14. North Carolina Election Agencies First Learned They’d Been Hacked From Leaked Documents Published By The Intercept
  15. ICE: We don’t use stingrays to locate undocumented immigrants – Letter adds that, even when you’re targeted via stingray, you can still call 911.
  16. GCHQ Knew FBI Wanted To Arrest MalwareTech, Let Him Fly To The US To Be Arrested There
  17. Palantir’s Law Enforcement Data Stranglehold Isn’t Good For Police Or The Policed
  18. Contractor Exposes Personal Information Of 1.8 Million Chicago Voters On AWS
  19. Code chunk in Kronos malware used long before MalwareTech published it: Marcus Hutchins, the researcher who stopped WCry, complained his code was lifted.
  20. Secret chips in replacement parts can completely hijack your phone’s security: Booby-trapped touchscreens can log passwords, install malicious apps, and more.
  21. Welcome To The Technological Incarceration Project, Where Prison Walls Are Replaced By Sensors, Algorithms, And AI
  22. Driver’s license facial recognition tech leads to 4,000 New York arrests: “We will continue to do everything we can to hold fraudsters accountable.”
  23. When Government Rules By Software, Citizens Are Left In The Dark

Jon

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News of the Week; August 16, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

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

DIGITAL

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

CREATIVITY

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

SURVEILLANCE & PRIVACY

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

Jon

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News of the Week; August 9, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Canadian Telcos Take Aim At Kodi Addon Site With Shocking Search: True Purpose to “Destroy Livelihood of the Defendant” (Michael Geist)
  2. Canadian Telcos Lose Their Minds Over TVAddons
  3. Canadian Telcos Want To Play Police In War On Piracy: They’ve already raided a Montreal man’s home.
  4. Secret court order that let telcos search a Montrealer’s home a growing trend
  5. The Diminishing Value of Simsub: CBS Streaming Service Coming to Canada Next Year (Michael Geist)
  6. CRTC and UK Agency to Fight Spam and Unwanted Telemarketing Calls
  7. Cable’s New Brilliant Idea: Charging You More Money To Skip Ads
  8. Charter has moved millions of customers to new – and often higher – pricing: Pricing changes accelerate as Charter tries to boost revenue per customer.
  9. Data cap analysis found almost 200 ISPs imposing data limits in the US: Examination of 2,500 home Internet providers finds sizable minority with caps.
  10. Journalist Sues FCC For Hiding Details About Its Alleged, Phantom DDOS Attack
  11. Ajit Pai’s anti-net neutrality plan gets the facts and law wrong, lawmakers say: FCC accused of prioritizing “raw dollars” over small businesses and consumers.
  12. Congress Gives The FCC An Earful On Its Despised Plan To Kill Net Neutrality
  13. As net neutrality dies, one man wants to make Verizon pay for its sins: Alex Nguyen filed the only formal net neutrality complaint, and he’s still waiting for an answer
  14. The Ghostly Radio Station That No One Claims To Run: “Mdzhb” Has Been Broadcasting Since 1982. No One Knows Why.
  15. These Lawmakers Are Speaking out Against the FCC’s Plan to Dismantle Net Neutrality
  16. The FCC is full again, with three Republicans and two Democrats: 3-2 Republican majority likely to overturn net neutrality rules.
  17. Maybe Americans don’t need fast home Internet service, FCC suggests: By saying mobile is good enough, FCC could find that deployment problem is solved.
  18. FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls 
  19. FCC To Hold Hearing to Determine Whether to Deny License Renewal of Radio Station that was Silent for Most of its License Term 
  20. $17,500 Settlement by TV Broadcaster for Not Identifying Educational and Informational Children’s Programming – Reminder that the FCC is Still in the Enforcement Business 
  21. AT&T Lies Again, Insists Net Neutrality Rules Will Hurt First Responders
  22. Comcast Tries, Fails To Kill Lawsuit Over Its Hidden, Bogus Fees
  23. We analyzed 17 months of Fox & Friends transcripts. It’s far weirder than state-run media.: How the Fox morning show evolved into Donald Trump’s posse.
  24. Fox Exec Says She Won’t Make Excuses for Lack of Diversity, Proceeds to Make Tons of Excuses

DIGITAL

  1. Voltage Picture’s Lawyer Sues Copyright Trolling Participants, Calls Lawsuits Unethical
  2. “Podcasting patent” is totally dead, appeals court rules: Federal Circuit stands by 2015 ruling that knocked out Personal Audio’s patent.
  3. Five Ways NAFTA Talks Can Level the Innovation Playing Field: After years of ceding to US demands for tough anti-piracy rules, it’s time for Canada to fight for its interests (Michael Geist)
  4. Canada Can Stand Its Ground on Copyright in NAFTA Renegotiations: It’s all about knowing when to say no (Howard Knopf)
  5. Appeals Court Agrees: Awful Patent Used To Shake Down Podcasters Is Invalid
  6. Section 230 Helps Yahoo Defeat Lawsuit Over Online Harassment Campaign–Hall v. Yahoo (Eric Goldman)
  7. Section 230 Helps VRBO Defeat Claim Over Fraudulent Listing – Hiam v. Homeaway (Eric Goldman)
  8. Sen. Portman Says SESTA Doesn’t Affect the Good Samaritan Defense. He’s Wrong (Eric Goldman)
  9. Judge Rules Kickass Torrents Founder Properly Charged With Criminal Copyright Conspiracy
  10. Kickass Torrents Creator Can’t Get Criminal Case Tossed Out
  11. Douez v. Facebook: Are courts finally tuning into the reality of consumer contracts?
  12. ‘Blatant Sales Pitch’ on LinkedIn Likely Violates Non-solicitation Clause–Mobile Mini v. Vevea
  13. Why Apple and other tech companies are fighting to keep devices hard to repair: A new report says the tech industry is using its outsized influence to combat environmental product standards
  14. How Apple Is Putting Voices In Users’ Heads – Literally
  15. Have Smartphones Destroyed a Generation?: More comfortable online than out partying, post-Millennials are safer, physically, than adolescents have ever been. But they’re on the brink of a mental-health crisis.
  16. Turkish regime jails IT trainers in encryption clampdown: We discuss alarming move to target techies who help activists stay safe online.
  17. Facebook’s top global hires remain overwhelmingly white and male
  18. Inside The Partisan Fight For Your News Feed: How ideologues, opportunists, growth hackers, and internet marketers built a massive new universe of partisan news on the web and on Facebook.
  19. Facebook’s Latest Move to Fight Fake News Might Finally Be the Right One
  20. How Instagram Stories Have Changed Dating Forever
  21. Google Fires Engineer Who Wrote Memo Questioning Women in Tech
  22. Google fires engineer who “crossed the line” with diversity memo: Google says the post “advanced incorrect assumptions about gender.”
  23. Internal Messages Show Some Googlers Supported Fired Engineer’s Manifesto
  24. A Meme Shared on an Internal Google Meme Network Depicted a Leaker Being Beaten
  25. So, about this Googler’s manifesto.
  26. Memo to the Google memo writer: Women were foundational to the field of computing
  27. Susan Wojcicki Calls Google Anti-Diversity Memo A “Tragic” Display Of “Unfounded Bias”
  28. Segregated Valley: the ugly truth about Google and diversity in tech – Silicon Valley says it is committed to racial diversity in its workforce. But the numbers tell a different story
  29. How to End Google’s Monopoly
  30. Women Engineers On The Rampant Sexism Of Silicon Valley
  31. Elon Musk Once Fired His Assistant Of 12 Years For Wanting A Raise
  32. Inside the world of Silicon Valley’s ‘coasters’ — the millionaire engineers who get paid gobs of money and barely work
  33. After phishing attacks, Chrome extensions push adware to millions: Compromised accounts push fraudulent extension updates to unsuspecting users.
  34. The Mystery Of Nicole Mincey
  35. Microsoft Chatbot Trolls Shoppers For Online Sex
  36. London Mayor Urges YouTube To Remove Videos Espousing Gang Violence
  37. Google Preferred Advertisers Return To YouTube Months After ‘Adpocalypse’ (Study)
  38. New icons are YouTube’s latest way to alert creators of video demonetization: Plus, there’s now a quicker way to ask for a review of demonetized videos.
  39. YouTube Expands Appeals To Cover Videos That Lost Revenue After The Adpocalypse
  40. Native Video-Sharing And Chat Feature Rolls Out To YouTube App Globally
  41. Twitter Suspends Popehat For Writing About Violent Threats He Received From Another Twitter User
  42. Facebook, Twitter Consistently Fail At Distinguishing Abuse From Calling Out Abuse
  43. In Protest, Artist in Germany Re-Purposes Hate Speech From Twitter
  44. Exploring the Role of Algorithms in Online Harmful Speech
  45. Defendant who texted teen to commit suicide sentenced to 15 months in jail: Punishment stayed to allow appeals in a novel prosecution testing 1st Amendment.
  46. Facing libel lawsuit, Techdirt takes large donations to broaden coverage: Charles Koch Foundation and a charity from the Craigslist founder are among the donors.
  47. Psychiatrist Files Lawsuit Over Wordless One-Star Review
  48. China to Start Using Blockchain to Collect Taxes and Send Invoices
  49. Media scholar on Trump TV: “This is Orwellian, and it’s happening right now, right here” – The president has launched an online TV network. He’s calling it “real news.”
  50. Australian Public Servants Warned Against Liking Social Media Posts That Are Critical Of Government Policies
  51. Russia Wants Innovation, but It’s Arresting Its Innovators
  52. Stumbling “Blocks”: When Is Social Media Moderation a First Amendment Violation? 
  53. The Long, Hot Summer Of Netflix’s Ever-Accelerating Expansion
  54. Netflix Buys Comics Publisher Behind Kingsman, Kick-Ass
  55. Disney Will Cease Distribution Deal With Netflix To Launch Its Own Streaming Service
  56. Disney Pulls Content From Netflix As Users Face An Annoying, Confusing Rise In Streaming Exclusivity Silos
  57. Inside Patreon, The Economic Engine Of Internet Culture
  58. Game of Thrones Star Says She Got Acting Role Because She Has Millions of Social Media Followers
  59. HBO Hackers Release Ransom Note And New Trove Of Stolen Data
  60. Game of Thrones script for “Spoils of War” leaks after HBO hack: No spoilers: Leak contains GoT info, unaired episodes of other shows, and internal docs.
  61. Augmented Reality Apps Could Pollute The Skies With Advertising
  62. Risks of Artificial Intelligence
  63. AI and music: will we be slaves to the algorithm? – Tech firms have developed AI that can learn how to write music. So will machines soon be composing symphonies, hit singles and bespoke soundtracks?
  64. New administrative notice-and-takedown procedure in Greece
  65. Inception Raises $15 Million Series A Funding Led By EU Media Conglomerate RTL Group
  66. VR-based Treatment for Vision Disorders Shows Positive Results in Peer-reviewed Study
  67. Researchers Induce Artificial Movement Sensation in VR Using Four-Pole Galvanic Vestibular Stimulation: Creators believe system could be “easily adapted to conventional VR systems”
  68. CBS is launching a streaming sports channel this year: It’s headed to internet-only TV providers.
  69. Radio navigation set to make global return as GPS backup, because cyber: GPS killed the radio nav in 2010, but a high-def version is set to return
  70. Mozilla’s new file-transfer service isn’t perfect, but it’s drop-dead easy: For less high-stakes uses, Send offers reasonable security and privacy assurances.
  71. Uber’s search for a female CEO has been narrowed down to 3 men
  72. Uber’s ex-CEO: Given reason for alleged Waymo data heist is “dumb”: Kalanick also said that Levandowski “should say what happened” rather than clam up.
  73. How one hot sauce seller hauled Uber into small-claims court and won $4,000: A driver took off with Dane Wilcox’s laptop, and Uber refused to pay him back.
  74. Amazon Halts Blu Phone Sales Amid Spyware Concerns 
  75. SEC Warns That Digital Tokens May Be Securities
  76. An Oral History Of The DARPA Grand Challenge, The Grueling Robot Race That Launched The Self-Driving Car
  77. You’d Have To Click A Mouse 10 Million Times To Burn One Calorie
  78. From blockchain to drones, we need to stop obsessing about tech megatrends: If more men did the laundry, washing machines would be as hyped and alluring as drones
  79. The Guy Who Invented Those Annoying Password Rules Now Regrets Wasting Your Time
  80. 1H 2017 Quick Links, Part 9: Justice System, Social Media, Miscellaneous (Eric Goldman)

CREATIVITY

  1. Canadian Government Puts Copyright Board Overhaul on Fast Track With Consultation Launching Tomorrow (Michael Geist)
  2. Why fears about ‘fair use’ copyright law are unfounded
  3. Canada’s intellectual property strategy must play to the country’s strengths
  4. Canadian Man Somehow Gets Trademark On His Own County’s Name, Govt. Says Legal Action Is The Only Remedy
  5. Post-Axanar, CBS unveils first official fan filmmaking initiative in Trek history: Star Trek Film Academy grants fan filmmakers access to training, New Voyages facilities.
  6. Judge Rules MGM Must Face Lawsuit Over James Bond Box Set Missing Two Bond Films
  7. Citing Free Speech, A.C.L.U. Sues Washington Metro Over Rejected Ads
  8. Monkey selfie animal rights brouhaha devolves into a settlement: Every conceivable joke has been made of this Planet of the Apes-styled litigation.
  9. Monkey Selfie Case May Settle: PETA Knows It’ll Lose, And The Photographer Is Broke
  10. “Thinking Out Loud” About Copyright Infringement (Again)
  11. Word on the street: McDonald’s has been accused of cultural appropriation, using without permission the work of street artists in an advertising campaign in Europe.
  12. Film Director’s Op-Ed Ignores Reality To Push Hollywood Lobbying Talking Points
  13. The Grinch that stole fair use? 
  14. 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.
  15. Commercial Photography in Public Parks–Is Police Presence Required?
  16. Commercial Brochure not Protected by Copyright in Spain
  17. Lookalike Case: Max Verstappen’s Management Unsuccessful for Now
  18. Peter and the Test Tube Babies singer refused entry to the USA for mocking Donald Tump
  19. How Hulk Hogan & Peter Thiel Almost Made Sure That The Story Of R. Kelly’s ‘Cult’ Stayed Unpublished
  20. How Peter Thiel’s Secretive Data Company Pushed Into Policing
  21. Jeff Sessions Suggests He’s Steering The DOJ Towards Prosecuting More Journalists
  22. Deputy Attorney General Walks Back Attorney General’s Threat To Journalists
  23. Professors as Targets of Internet Outrage: Death threats and protests as statements about race and politics go viral.
  24. North Carolina Passes An Entirely Misguided Restore Campus Free Speech Act
  25. Inside NFL Cheerleaders’ Legal Fight for Better Pay
  26. NY Mets Oppose Trademark For Medical Exam Tracking System (METS) Claiming Potential Customer Confusion
  27. Inside Trump’s Global Trademark Trove
  28. Former Professional Wrestler Sues Van Morrison for Using his Likeness without Authorization
  29. Billy Two Rivers, former pro wrestler, to settle lawsuit against Van Morrison: Settlement details are still being finalized, according to lawyer Michael Graif
  30. We’re in the early stages of a visual revolution in journalism: It’s more than a pivot to video — it’s an evolution of text.
  31. Peter Bart: Will Time Warner’s Creative Energy Survive AT&T Takeover?
  32. Is There A Right Way To Put Slavery Onscreen? 

SURVEILLANCE & PRIVACY

  1. Salesforce fires red team staffers who gave Defcon talk: “As soon as they got off the stage, they were fired.”
  2. Body Cam Footage Of A Cop Planting Evidence Leads To Dozens Of Dismissed Cases
  3. House Oversight Head Still Concerned Surveillance He Approves Of Is Being Used Against His Party
  4. US Senators Unveil Their Attempt To Secure The Internet Of Very Broken Things
  5. Man used DDoS attacks on media to extort them to remove stories, FBI says: “If you do not remove it immediately, more severe attacks will hit your website.”
  6. Suspected sextortionist hiding behind Tor is outed by booby-trapped video: “Brian Kil” terrorized minors for years. Last month, a hack gave agents a big break.
  7. Convicted Fraudster Uses DDoS Attack To Clean Up Search Results, Fails Spectacularly
  8. Slayer of WCry worm charged with creating unrelated banking malware: Marcus Hutchins was hailed as a hero. Federal prosecutors say he was a criminal.
  9. Hacker Who Stopped Wannacry Charged With Writing Banking Malware
  10. The Indictment Against Malware Researcher Marcus Hutchines Is Really Weird
  11. Security researcher who neutralized WCry to be released on $30,000 bond: Prosecutors say Marcus Hutchins admitted he wrote alleged malware. Defense disagrees.
  12. WannaCry operator empties Bitcoin wallets connected to ransomware: Bot set up by Quartz reporter Keith Collins catches linked wallets being emptied.
  13. Researchers say WannaCry operator moved bitcoins to “untraceable” Monero: Wallets’ BTC exchanged for XMR, anonymous cryptocash favored by Shadowbrokers.
  14. Meet Alex, The Russian Casino Hacker Who Makes Millions Targeting Slot Machines
  15. Federal prosecutor struggles to describe stingray use in attempted murder case: Questions remain as to how Oakland cops, FBI used stingrays after a 2013 shooting.
  16. ACLU: Absent warrant standard, police could monitor anyone via location data – Opening brief filed in Carpenter, an important privacy case pending at Supreme Court.
  17. Protect The White Hat Hackers Who Are Just Doing Their Jobs
  18. Once Again With Feeling: ‘Anonymized’ Data Isn’t Really Anonymous
  19. The Attack On Global Privacy Leaves Few Places To Turn
  20. FTC Asked to Investigate Google’s Matching of “Bricks to Clicks” 
  21. The FTC’s Latest Bid to Blacklist Telemarketers
  22. FTC must scrutinize Hotspot Shield over alleged traffic interception, group says: VPN service “can intercept and redirect HTTP requests to partner websites.”
  23. Complaint Filed Over Sketchy VPN Service
  24. FTC Schools “Smart” Toys with Updated COPPA Compliance Guidance 
  25. FTC Increases Focus on Smart Toys with COPPA Update
  26. FTC Regulation of Cybersecurity and Surveillance (Chris Jay Hoofnagle)

Jon

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News of the Week; August 2, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Inconsistent Arguments and Questionable Claims: Bell Launches Yet Another Action Over CRTC’s Super Bowl Simsub Ruling (Michael Geist)
  2. TVAddons Returns, But in Ugly War With Canadian Telcos Over Kodi Addons
  3. Millennials Unearth an Amazing Hack to Get Free TV: the Antenna – Cord-cutters accustomed to watching shows online are often shocked that $20 ‘rabbit ears’ pluck signals from the air; is this legal?
  4. Republicans try to take cheap phones and broadband away from poor people: $9.25 monthly subsidy for mobile service would be eliminated by Republican bill.
  5. Sprint seeks merger with Charter to create wireless and cable giant: Comcast could have veto power over deal because of agreement with Charter.
  6. Sprint still seeks merger partner after being rejected by Charter: Sprint wanted to merge with Charter—or T-Mobile.
  7. Comcast fails to get hidden fee class-action suit thrown out of court: Comcast claims it can tack on Broadcast and Sports fees after order is submitted.
  8. FCC Extends TCPA Liability to Technology Platform Provider 
  9. FCC says its specific plan to stop DDoS attacks must remain secret: Revealing technical details would “undermine our system security,” FCC says.
  10. Over 190 Engineers & Tech Experts Tell The FCC It’s Dead Wrong On Net Neutrality
  11. The Worst Internet In America
  12. Fox v. Aereokiller: Another Nail in the Internet “Cable” Coffin
  13. West Virginia Tries To Improve Broadband Competition, Incumbent ISPs Immediately Sue
  14. Cable lobby claims US is totally overflowing in broadband competition: NCTA touts data based on outdated broadband speed benchmark of 3Mbps.
  15. What Does Net Neutrality Mean for the Future of Cryptocurrency?

DIGITAL

  1. Online newspaper articles and libel do not toll notice and limitation periods
  2. Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft (Eric Goldman)
  3. Federal Court: Public Officials Cannot Block Social Media Users Because of Their Criticism
  4. Politicians’ social media pages can be 1st Amendment forums, judge says: Officials retain right to moderate comments to combat online trolls, judge says.
  5. Court Rules Temporary Ban Of Facebook Commenter By Gov’t Official Violates The First Amendment
  6. Politician Can’t Ban Constituent From Her Official Facebook Page–Davison v. Loudoun County Supervisors (Eric Goldman)
  7. Judge Tosses Vexatious Litigant Brett Kimberlin’s Lawsuit Against Conservative Blogger
  8. How an Ontario mom fended off a $120K libel lawsuit over her Facebook posts
  9. Stouffville woman awarded damages in SLAPP case
  10. Internet Censorship Bill Would Spell Disaster for Speech and Innovation
  11. Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada’s Global Injunction Unenforceable
  12. Google’s US Challenge To The Canadian Global Delisting Order
  13. Google Asks US Court To Block Terrible Canadian Supreme Court Ruling On Global Censorship
  14. What Google’s New Autoplay Experiment Means For The Future Of Search
  15. U.S. Court Declares GPL Is A Contract (Andres Guadamuz)
  16. France: 13 million in damages awarded for linking to downloadable copyright works
  17. LinkedIn: It’s illegal to scrape our website without permission – A legal scholar calls LinkedIn’s position “hugely problematic.”
  18. New Web tool tracks Russian “influence ops” on Twitter: Hamilton 68 tracks Russian state news and Twitter trolls, shows propaganda trends.
  19. What They’ve Said About Russian Election Interference
  20. Russia Has Banned VPNs
  21. Putin bans VPNs to stop Russians accessing prohibited websites
  22. Unstoppable Force, Immovable Object: Iranian Resilience in a Censored Society
  23. How May 35th Freedoms Have Blossomed With China’s Martian Language
  24. Meet Mia Ash, The Fake Woman Iranian Hackers Used To Lure Victims
  25. Maybe the A.I. dystopia is already here
  26. Artificial Intelligence Develops Its Own Language
  27. The Internet Will Not Break: Denying Bad Samaritans Section 230 Immunity (Danielle Citron, Benjamin Wittes)
  28. Pointing at the Wrong Villain: Cass Sunstein and Echo Chambers
  29. Senate’s “Stop Enabling Sex Traffickers Act of 2017”–and Section 230’s Imminent Evisceration (Eric Goldman)
  30. A ‘potentially deadly’ mushroom-identifying app highlights the dangers of bad AI: The app’s creator says it’s just a guide, but experts aren’t happy
  31. State attorneys general team up to scare you from “content theft sites”: PSA is titled “Be safe on the Internet to Protect Your Family.”
  32. Apple Removes Apps From China Store That Help Internet Users Evade Censorship
  33. Apple Removes All VPN Apps From Its Chinese App Store
  34. Apple’s Silence in China Sets a Dangerous Precedent
  35. Apple Caved To China, Just Like Almost Every Other Tech Giant
  36. Apple paid Nokia $2 billion to escape fight over old patents: It’s on the hook for more payments down the line, too
  37. Apple must pay $506M for infringing university’s patent: University of Wisconsin may collect $4.35 apiece for millions of iPads and iPhones.
  38. Apple can’t end lawsuit over “breaking” FaceTime on iPhone 4, judge rules: “FaceTime is a ‘feature’ of the iPhone and thus a component of the iPhone’s cost.”
  39. Company: Apple TV’s “what did she say” feature infringes our patent – Patent claims the concept of skipping back and enabling subtitles.
  40. Apple Sales Exceed Expectations as Buyers Wait for New iPhones
  41. A Super-Expensive iPhone Is Good News, Even If You Can’t Afford It
  42. After three years, iPad sales are up again for Apple
  43. Apple discontinues iPod Nano and Shuffle, updates iPod Touch models: Say goodbye to the tiny music makers of 2005.
  44. Goodbye iPod, And Thanks For All The Tunes
  45. Apple Glasses Are Inevitable
  46. Joining Apple, Amazon’s China Cloud Service Bows to Censors
  47. How An IOS Developer Just Uncovered The Next iPhone
  48. UK WiFi Company Uses Overlong TOS To Trick Hotspot Users Into Cleaning Toilets, Hugging Stray Cats
  49. Kim Dotcom set to receive seized funds, “4 containers full of seized property”: Megupload founder adds he plans to move his family to Queenstown, New Zealand.
  50. AG Wahl says that, at certain conditions, suppliers of luxury goods may prohibit retailers from selling on third-party online platforms
  51. How Threats Against Domain Names Are Used to Censor Content (EFF)
  52. Fact Checking Snopes On Its Own Claims Of Being ‘Held Hostage’ By ‘A Vendor’: Well, It’s Complicated
  53. Uber drivers gang up to cause surge pricing, research says
  54. How Arby’s Dealt With Their Greatest Twitter Troll By Being Awesome; Also Sandwiches And Puppies
  55. Frank Ocean T-Shirt at Center of Debate Over Tweet Copyright: After singer’s Panorama Fest tee goes viral, creator of shirt and teen who first tweeted the quote wrestle over compensation and credit
  56. This U.S. Company Is Offering to Put Microchips in Their Employees
  57. A New Way for Therapists to Get Inside Heads: Virtual Reality
  58. Models of Consciousness Transformation & Unlocking Latent Human Potentials with VR
  59. No, Facebook Did Not Panic and Shut Down an AI Program That Was Getting Dangerously Smart
  60. Science Says 13 Reasons Why may Be The Public Health Scare People Thought
  61. Sex History Educational Site Wants To Know If It’s Going To Be Bricked Up Behind UK’s Porn Wall
  62. We need to take a vacation from social media: Various platforms – and Facebook especially – are, weirdly, both a kind of diary and a public performance.
  63. Facebook’s Complicity in the Silencing of Black Women
  64. ‘It’s digital colonialism’: how Facebook’s free internet service has failed its users – Free Basics, built for developing markets, focuses on ‘western corporate content’ and violates net neutrality principles, researchers say
  65. Lionsgate Launches Spanish-Language Streaming Service ‘Pantaya’ For U.S. Viewers
  66. Reddit Has $1.8 Billion Valuation After Chat-Room Site Banks $200 Million in Funding
  67. Reddit Raised $200 Million And Is Redesigning to Look More Like Facebook
  68. Spotify Surpasses 60 Million Subscribers
  69. Twitter Finds Meaning (and Madness) Under Donald Trump: The social platform was in bad shape last year, but it found an unlikely support system in an antihero
  70. Trump’s Radical Immigration Crackdown Won’t Help Tech
  71. A Gop Staffer Crowdsourced A Resolution From A Conspiracy Subreddit
  72. Bitcoin Exchange and Operator Charged With Money Laundering
  73. Feds say they caught a key figure in the massive Mt. Gox Bitcoin hack: Feds say a Russian man laundered criminal proceeds through the BTC-e exchange.
  74. Why the Bitcoin network just split in half and why it matters
  75. Bitcoin Is Splitting In Two. Now What?
  76. Here’s What CEOs Around the World Are Saying About the Bitcoin Fork
  77. Is the Party Over? SEC Concludes Cryptocurrency Offering Required Registration
  78. PewDiePie, YouTube’s biggest star, is leaning into his new, far-right following
  79. Here’s Why It Looks Like PewDiePie Has Lost 90% Of His Income: An annual report from his company suggests Pewdiepie’s income has dropped dramatically.
  80. NCAA Rules Football-Playing YouTuber Ineligible Due To Ad Revenue
  81. NCAA Strips UCF Kicker Of Eligibility After He Refuses To Stop Being An Athlete That Posts YouTube Videos
  82. UCF kicker ruled ineligible, loses scholarship after monetizing YouTube videos: Athletes can make YouTube videos, but they can’t make money off sports videos.
  83. Singing With Saquon? Current Stars Should Take NCAA at Its Word and Cash in Now on YouTube
  84. Amazon To Self-Distribute First Film In Theaters, Woody Allen’s ‘Wonder Wheel’
  85. Move Over, Bill Gates. Jeff Bezos Gets a Turn as World’s Richest Person.
  86. Streisand Effect Helps Sci-Hub To Acquire Almost All Scholarly Literature, Dooms Traditional Academic Publishing
  87. Jewish woman sues Andrew Anglin over ‘troll storm’: Suit against Daily Stormer’s neo-Nazi blogger raises questions about free speech and online harassment.
  88. YouTube Will Place Flagged “Supremacist” Videos That Don’t Violate Its Guidelines In A “Limited State”
  89. Following 10-Market Expansion, YouTube TV App Clocks 2 Million Downloads
  90. ‘Offline-First’ YouTube Go App To Launch In Nigeria
  91. YouTube Kids Lands “Eight-Figure” Upfront Commitment From Toy Brand Mattel
  92. Ars picks the top YouTube video of all time: We top off our look at the 10th anniversary of YouTube with the best video ever.
  93. YouTube Unveils First Country-Specific ‘Spotlight’ Channel In Canada
  94. YouTube throws more support behind Canadian creators with spotlight channel
  95. ViaSport, Microsoft Canada Team Up On Tech For More Inclusive Sports
  96. Redfin set out to disrupt real estate—it was harder than it looked: CEO once called real estate “by far the most screwed up industry in America.”
  97. America’s Competitors Angle for Silicon Valley’s Business
  98. Deceptive Online Marketing Practices: Intermediaries, what is your legal exposure?
  99. The complete history of the IBM PC, part one: The deal of the century: Bill Gates, mysterious deaths, and the business machine that sparked a home revolution.
  100. The complete history of the IBM PC, part two: The DOS empire strikes: The real victor was Microsoft, which built an empire on the back of a shadily acquired MS-DOS.

CREATIVITY

  1. York University to appeal recent copyright decision
  2. Why Fair Dealing is Not Destroying Canadian Publishing (Michael Geist)
  3. When life gives you Lemonade: court preserves copyright complaint against Beyoncé (Rebecca Tushnet)
  4. Photographer’s Copyright Suit Gets Mixed Results:  A New York federal court judge handed a photographer a mixed result when it dismissed her copyright infringement claim but allowed her Digital Millennium Copyright Act (DMCA) allegations to move forward in a dispute that began on Instagram.
  5. Premier League scores second ‘live’ blocking injunction 
  6. Cabin Fever: Is Reconstructing a Work to Preserve It Copyright Infringement?
  7. When can publishing newspaper articles amount to harassment?: The High Court has struck out part of a harassment claim against the publisher of the Daily Mail and Mail Online. Unless the Judge’s order is successfully appealed, the remaining harassment claim will proceed to trial.
  8. Cigar City Brewing Sues Cigar City Salsa Over Trademark Despite Being In Different Marketplaces
  9. E And J Gallo Sends Cease And Desist Trademark Notice To E And B Beer
  10. Would You Confuse ‘Pierogi Fest’ With ‘Edwardsville Pierogi Festival’? Neither Would We
  11. Titleist Tees Up Lawsuit Against Parody Clothier Because Golf Doesn’t Have A Sense Of Humor
  12. Michelin Bursts Continental’s Trade Mark Application
  13. Seen around town(s), TM and right of publicity issues (Rebecca Tushnet)
  14. Copyright. Act of State Doctrine. Fifth Circuit holds that the act of state doctrine does not forbid U.S. courts from considering the applicability of copyright’s first sale doctrine to foreign-made copies when the foreign copier was a government agency
  15. EU’s draconian new copyright law puts an expiration date on startups
  16. NAFTA and a made-in-Canada IP framework
  17. Regulating the Internet of Toys 
  18. Copyright Licences for Television and Film Content in Hotels
  19. Sony Pictures TV Networks to Acquire Funimation, Valuing Anime Distributor at $150 Million
  20. The ACLU filed a comical brief in defense of free speech and John Oliver’s satire
  21. Marshall County Coal Company v. John Oliver (Amicus Curiae Brief of ACLU to U.S. Dist. Ct., Northern District of West Virginia)
  22. 1H 2017 Quick Links, Part 5 – Advertising, Contracts (Eric Goldman)
  23. 1H 2017 Quick Links, Part 6 – Defamation, Section 230, Consumer Reviews (Eric Goldman)
  24. 1H 2017 Quick Links Part 7 – Fake News, RTBF, Censorship, Extremist Content (Eric Goldman)
  25. Innovation, Intellectual Property, and Development: A Better Set of Approaches For The 21st Century. (Dean Baker, Arjun Jayadev and Joseph Stiglitz)

SURVEILLANCE & PRIVACY

  1. Privacy rights on the NAFTA agenda: Will the new NAFTA allow Canadian governments to ensure that private data collected from Canadians will not be stored outside this country?
  2. First Playpen FBI Spyware Warrant Hits The Appeals Court Level; Is Upheld On ‘Good Faith’
  3. Second body cam video of Baltimore cops manufacturing evidence discovered: Second video prompts another dropped case—bringing it to nearly three dozen so far.
  4. Police body cam footage of man tased in back prompts $110K settlement: However, police board said tasing was “reasonable, appropriate, and within policy.”
  5. Baltimore police commissioner orders cops not to stage body cam footage: Prosecutors dropping 41 cases, and more on the way, because of body cam scandal.
  6. Another Federal Court Says No Warrants Needed To Obtain Historic Cell Site Location Info
  7. Georgia To Roll Out Tens Of Thousands Of CCTV Cameras With Real-Time Facial Recognition Capabilities
  8. Viacom Faces Children’s Privacy Class Claims Over Gaming App
  9. Federal Court Holds Noodles & Co. Has No Independent Duty of Care to Card Issuers For Data Breach
  10. New Nevada Law Requires Notice for Online Collection and Disclosure of Personally Identifiable Information
  11. Google’s new scheme to connect online to offline shopping scrutinized: “Consumers cannot easily avoid Google’s tracking of their in-store purchase behavior.”
  12. Australian Prosecutors Want To Make It Illegal To Refuse To Turn Over Passwords To Law Enforcement
  13. UK Home Secretary Doesn’t Want Backdoors; She Just Wants Companies To Stop Offering Encryption Because No One Wants It
  14. Privacy Isn’t Dead. It’s More Popular Than Ever
  15. How A Bug In An Obscure Chip Exposed A Billion Smartphones To Hackers
  16. Broadcom chip bug opened 1 billion phones to a Wi-Fi-hopping worm attack: Wi-Fi chips used in iPhones and Android may revive worm attacks of old.
  17. Your Own Pacemaker Can Now Testify Against You In Court
  18. Stealthy Google Play apps recorded calls and stole e-mails and texts: Company expels 20 advanced surveillance apps installed on ~100 devices.
  19. When sextortion suspect refused to unlock her iPhone, the FBI stepped in
  20. Released Documents Show More Section 702 Violations By The NSA
  21. Someone Hacked Into HBO and Is Now Releasing Game of Thrones Info
  22. Hackers Threaten ‘Game of Thrones,’ as HBO Confirms Cyberattack
  23. Hack Brief: HBO Shows And A Game Of Thrones Script Land Online
  24. HBO confirms hack that reportedly included script to upcoming GoT episode: Video for episodes of Ballers and Room 104 also reportedly stolen.
  25. How Netflix DDOS’d Itself To Help Protect The Entire Internet
  26. Hackers descend on Las Vegas to expose voting machine flaws
  27. Every Voting Machine at This Hacking Conference Got Totally Pwned
  28. “E-mail prankster” phishes White House officials; hilarity ensues: Tom Bossert gave up personal e-mail in response to fake Kushner dinner invite.
  29. Privacy warnings spell trouble for millions of low-cost Android phone owners: Blu says the data its phones collect is standard. Experts disagree.
  30. Using a fitness app taught me the scary truth about why privacy settings are a feminist issue
  31. How a hacked Amazon Echo could secretly capture your most intimate moments: Hack isn’t simple and doesn’t work on all devices, but it’s definitely doable.
  32. How a podcaster managed to confront his tech support scammer, in person: “Alex, we have seen that your IP address has been compromised.”

Jon

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News of the Week; July 26, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. $89 Billion AT&T, Time Warner Merger Approval Looking Likely Despite Trump Pledge To Block Deal
  2. Has Trump Turned CNN Into A House Of Existential Dread?: After relentless attacks from Trump and his allies, a series of journalistic problems, and in the shadow of a possible merger, the network’s C.E.O., Jeff Zucker, is feeling the heat. “I think there’s a real chance that Zucker is being forced out,” said one employee. “That’s going to blow up this organization like nothing in the history of CNN.”
  3. Break up the cable monopolies? Democrats propose new competition laws: Democrats’ plan would “break up big companies if they’re hurting consumers.”
  4. FCC has no documentation of DDoS attack that hit net neutrality comments: Records request denied because FCC made no “written documentation” of attack.
  5. FCC Won’t Release Data To Support Its Claim A DDOS Attack, Not John Oliver, Brought Down The Agency’s Website
  6. The FCC Is Full of S–t
  7. Senator Wyden Argues FCC Is Either Incompetent Or Lying About Alleged DDoS Attack
  8. Senator blasts FCC for refusing to provide DDoS analysis: FCC is either too secretive or is unprepared for future attacks, senator says.
  9. Why Net Neutrality Matters Even In The Age Of Oligopoly
  10. FCC Chair Ajit Pai Can’t Come Up With a Single Plausible Reason Not to Screw Up the Entire US Internet
  11. Democrat asks FCC chair if anything can stop net neutrality rollback: Ajit Pai ignoring evidence that net neutrality helps businesses, lawmaker says.
  12. Lawsuit seeks Ajit Pai’s net neutrality talks with Internet providers: FCC accused of not complying with FoIA request for Pai’s talks with ISPs.
  13. Net neutrality faceoff: Congress summons ISPs and websites to hearing – Lawmaker schedules hearing with goal of replacing FCC’s net neutrality rules.
  14. FTC Staff Supports FCC’s Proposal to Reverse Broadband Enforcement Authority 
  15. Senator Doesn’t Buy FCC Justification For Killing Popular Net Neutrality Protections
  16. Verizon accused of throttling Netflix and YouTube, admits to “video optimization”: Verizon claims mobile video experience not affected; some customers disagree.
  17. Verizon Now Says That Throttling Video Is Totally Cool
  18. Verizon accused of violating net neutrality rules by throttling video: FCC has no comment on petition to investigate Verizon slowing video to 10Mbps.
  19. Verizon Says It Was Totally Just Testing How to Throttle Video
  20. Lawsuits Pile Up For CenturyLink After Years Of Bogus Fees, Fraudulent Billing
  21. Commissioner O’Rielly Again Targets Pirate Broadcasters and Their Supporters to Walk the Enforcement Plank 
  22. A short history of the right-wing politics of Sinclair Broadcasting
  23. The Sinclair Revolution Will Be Televised. It’ll Just Have Low Production Values: Small-time management is getting in the way of big ideas at the conservative broadcaster.
  24. When everything else fails, amateur radio will still be there—and thriving: Ham is now a full-fat fabric that can provide Internet access. Why aren’t you using it?
  25. The State of Traditional TV: Updated With Q1 2017 Data

DIGITAL

  1. Nielsen Now Incorporates YouTube TV, Hulu Viewing Into Television Ratings
  2. Sports streaming app DAZN launches in Canada with all NFL games for $20 a month: Will launch with NFL digital rights, company says more will be added
  3. Canadian Supreme Court rules against Google in favor of worldwide court orders: The Canadian Supreme Court ruled that Google must remove search results worldwide, dismissing concerns that this may impede freedom of expression for people outside of Canada or inspire other countries to censor speech.
  4. Canada’s Supreme Court orders Google to de-index site globally, opening door to censorship: Decision is dangerous to free speech and the free flow of online information.
  5. Google Fights Against Canada’s Order To Change Global Search Results
  6. Google Files Suit in U.S. Court To Block Enforcement of Canadian Global Takedown Order (Michael Geist)
  7. Google tells judge: Don’t let Canada force us to alter US search results: Google says Canadian order is “repugnant” to the First Amendment.
  8. Top European Court To Consider If EU Countries Can Censor The Global Internet
  9. Google right to be forgotten spat returns to Europe’s top court: French privacy watchdog demands global scrub of certain links—Google says “non.”
  10. Clock ticking on Google as $2.7 billion fine takes bite out of earnings: Parent company Alphabet has yet to lodge an appeal against the EU’s penalty.
  11. Google Finds And Blocks Spyware Linked To Cyberarms Group
  12. Google’s been running a secret test to detect bogus ads — and its findings should make the industry nervous
  13. Has Google paid off an army of academic researchers?
  14. Judge: Waymo may be in “a world of trouble” if it can’t prove actual harm by Uber – Ex-Waymo engineer Anthony Levandowski can be called to testify at trial, judge adds. 
  15. Ontario Court of Appeal Confirms That Online Newspapers Are Still “Newspapers”
  16. Backpage.com Sues Missouri Attorney General: Website claims AG’s investigation is barred by the Communications Decency Act
  17. Copyright Case Over Richard Prince Instagram Show to Go Forward
  18. Appropriation Artist Can’t Win Fair Use Defense on Motion to Dismiss–Graham v. Prince
  19. Donald Graham’s Copyright Infringement Suit against Richard Prince Allowed to Go Forward
  20. Wikimedia Sweden loses case as court rules against free access to public art online
  21. Terrible Ruling Allows Untied To Keep Its Domain But Not Its Soul 
  22. A German pirate just saved our right to take public selfies
  23. Twitter Working to Limit Fake Stories, Accounts
  24. Twitter says it’s making progress battling abusive behavior: The social network says users have encountered significantly less harassment in the past six months.
  25. How Twitter Fuels Anxiety: The anxious can often find a supportive community through tweeting, but the nature of the social media site can exacerbate symptoms.
  26. Twitter’s stock plunges as user growth stalls: Trump made Twitter more prominent than ever, yet profits are elusive.
  27. President Trump sued for blocking dissenting Twitter accounts free speech irony alert
  28. Trump’s New Communications Director Might Want to Delete These Tweets Too
  29. Exaggerated Claims And Out Of Context Tweets Used By Political Hopeful To Slap Restraining Order On Critic
  30. Court Can’t Ban Resident From Discussing HOA Online–Fox v. Hamptons at MetroWest Condos (Eric Goldman)
  31. How to get free US military weapons—build fake website and DOD will oblige: The “internal control processes for this program were really broken,” GAO says.
  32. United States lifts laptop and electronics ban from Middle East flights: Developers and games firms from the region now able to bring the equipment they need into US
  33. How Breitbart media’s disinformation created the paranoid, fact-averse nation that elected Trump: Democrats and progressives turned to wider and more reputable sources
  34. New Dot-Sucks Websites Troll Trump: Trump can’t buy up all the new anti-Trump websites ending in .sucks, .wtf, .fail
  35. Is Social Media Becoming the New Speech Governors?
  36. GDPR – Age Of Digital Consent
  37. New book explores how protesters—and governments—use Internet tactics: The protest frontiers are changing. An entrenched researcher explains why they work.
  38. Apple must pay $506M for infringing university’s patent: University of Wisconsin may collect $4.35 apiece for millions of iPads and iPhones.
  39. Qualcomm, feeling the squeeze as Apple and iPhone manufacturers cut off royalties, moves to the offensive
  40. The dramatic details of Steve Jobs’ life are playing out in a new opera: A time-hopping stage production about some of Jobs’ seminal life moments.
  41. Using a blockchain doesn’t exempt you from securities regulations: A $150 million Ethereum crowdfunding project broke the law, SEC says.
  42. Officials arrest suspect in $4 billion Bitcoin money laundering scheme: Bitcoin’s decentralized architecture makes it popular with criminal groups.
  43. Troops, Trolls and Troublemakers: A Global Inventory of Organized Social Media Manipulation
  44. The Chinese Language as a Weapon: How China’s Netizens Fight Censorship
  45. Global Police Spring A Trap On Thousands Of Dark Web Users
  46. DOJ announces official takedown of AlphaBay, world’s largest Dark Web market: AlphaBay was “10 times the size of Silk Road,” according to the FBI.
  47. Family of dead AlphaBay suspect says he was a “good boy”: Alexandre Cazes, 26, also apparently spent a lot of time in a “pickup artist” forum.
  48. We Found Rep. Blake Farenthold’s Early ’90s Internet Message Board Posts
  49. Online Terrorist Propaganda: France and UK Put Internet Giants in the Cross-Hairs
  50. Our Minds Have Been Hijacked By Our Phones. Tristan Harris Wants To Rescue Them
  51. How AI Is Already Changing Business
  52. The Business Of Artificial Intelligence: What it can — and cannot — do for your organization
  53. Is Anyone Home? A Way to Find Out If AI Has Become Self-Aware: It’s not easy, but a newly proposed test might be able to detect consciousness in a machine
  54. The Rise Of AI Is Forcing Google And Microsoft To Become Chipmakers
  55. Elon Musk: Mark Zuckerberg’s understanding of AI is “limited”: Tech billionaires have differing views on where AI will take humankind.
  56. Zuckerberg and Musk are both wrong about AI: During an impromptu Facebook Live interview, Zuck said there’s no doomsday coming.
  57. Beijing Wants A.I. to Be Made in China by 2030
  58. AI Fight Club Could Help Save Us from a Future of Super-Smart Cyberattacks: The best defense against malicious AI is AI.
  59. Silicon Valley’s First Founder Was Its Worst
  60. Why Hollywood Studios Are Slow to Embrace Virtual Reality – VR Special Report: “The big elephant in the room is – How do you monetize this?” one analyst tells TheWrap
  61. Is the future VR … or AR?: Google VR boss Clay Bavor explains why the two technologies aren’t so different on the latest Too Embarrassed to Ask.
  62. Google Tests Interactive Learning with VR Espresso Machine, “People learned faster and better in VR”
  63. VR Ads Are Almost Here. Don’t Act Surprised
  64. Are You Prepared for the Legal Issues of Augmented Reality?
  65. Fullscreen Unveils Co-Viewing Feature Called ‘Watch Party’
  66. Celebrity Influencers Continue to Flout FTC Disclosure Rules
  67. Take A Trip To Los Angeles’ New Internet Celebrity Summer Camp: As viral fame becomes more attainable, summer camps may be the next classroom for kids
  68. Instagram Is Pushing Restaurants To Be Kitschy, Colorful, And Irresistible To Photographers
  69. Diminishing Returns: Online advertising’s dependence on surprise accelerates its own instability
  70. The human insights missing from big data
  71. A NASA Research Center Is Uploading 500 Archival Videos To YouTube
  72. After Alphabet Earnings Report, Analyst Estimates YouTube’s Stock Value At $75 Billion 
  73. Why Adam Silver Was Against Suing Over NBA Highlights On YouTube
  74. YouTube TV Launches in 10 New Markets, Including Houston, Atlanta and Washington, D.C.
  75. YouTube Will Now Redirect Searches For Extremist Videos To Anti-Terrorist Playlists
  76. Kodi magazine ‘directs readers to pirate content’ 
  77. MGM’s ‘Stargate’ To Get Its Own SVOD Service, And The Niche Get Nicher
  78. Adobe Is Finally Killing Flash (For Real, This Time)
  79. Snapchat is doing a daily news show with NBC
  80. Oxygen To Promote New True Crime Series By Letting Reddit Users Question Famous Jurors
  81. Korea’s 3 Largest Broadcasters Launch U.S. Streaming Service For K-Dramas, K-Pop
  82. Summer of Samsung: A Corruption Scandal, a Political Firestorm—and a Record Profit: A year after the exploding phones, Samsung is embroiled in the mess that brought down South Korea’s president. How is it still thriving?
  83. Mobile Video Ad Spend To Surpass Computer Spend For First Time Next Year (Report)
  84. Intel shuts down group working on wearables and fitness trackers: We probably won’t see any more wearables coming from Intel.
  85. Inside Cuba’s D.I.Y. Internet Revolution 
  86. Where Is Hollywood Looking For Its Next Hit? Podcasts
  87. Podcasts Are Awesome But Are They A Business?
  88. Musicals (Yes, Musicals) Are About To Shake Up Podcasting
  89. Electronic music superhero Aphex Twin unearths massive, free music vault: Includes hours of never-before-released beats over past 20-plus years.
  90. Who owns Snopes? Fracas over fact-checking site now front and center: Snopes’ parent company was split—one half may be held by 5 men, or a single company. 
  91. The Wearables Giving Computer Vision To The Blind
  92. Forget About Fake Artists – It’s Time To Talk About Fake Streams.
  93. RIP Microsoft Paint. Thanks For All The Hideous Doodles
  94. Windows Paint is now officially not getting updated any more 
  95. How Bots Bested the $1 Billion Sneaker Resale Industry
  96. The manipulative tricks tech companies use to capture your attention
  97. Culture for a digital age: Risk aversion, weak customer focus, and siloed mind-sets have long bedeviled organizations. In a digital world, solving these cultural problems is no longer optional.
  98. The right of communication to the public … in a chart (Eleonora Rosati)
  99. The CJEU Pirate Bay Judgment and Its Impact on the Liability of Online Platforms (Eleonora Rosati)
  100. Defamation Law in the Internet Age (Background Papers from the Law Commission of Ontario)
  101. Intellectual Property in the New Technological Age: 2017 Volume I: Perspectives, Trade Secrets & Patents (Peter S. Menell Mark A. Lemley Robert P. Merges)

CREATIVITY 

  1.  China Banned Winnie The Pooh for Looking Like President Xi
  2. China Bans Justin Bieber
  3. Students Deeply Concerned With Federal Court Ruling Against York University 
  4. U15Group of Research Universities Statement on Sustainable Publishing
  5. The York University Case: Crisis in Copyright Law
  6. Access Copyright v. York University – Some Important Comments and Questions from Prof. Ariel Katz (Howard Knopf)
  7. Access Copyright v. York University: An Anatomy of a Predictable But Avoidable Loss (Ariel Katz)
  8. Access vs York: Fair Dealing is for everybody
  9. Why Fair Dealing Is Not Destroying Canadian Publishing (Michael Geist)
  10. Jammin Java to Pay IP Damages to Marley Family
  11. U2 Seeks Dismissal of “The Fly” Infringement Suit
  12. Ninth Circuit: Federal Copyright Pre-empts California Publicity Right
  13. Palin v. The New York Times Co.: Newspaper Mounts Robust Defense to Defamation Lawsuit 
  14. Vegetarian Ethiopian Cookbook Copyright Lawsuit Turns Sour–Schleifer v. Berns
  15. Anti-Logging Ad Protected by First Amendment: An environmental group’s anti-logging advertisement was protected by the First Amendment, the Oregon Court of Appeals has ruled, and the Port of Portland failed to meet the “heavy burden” necessary to prohibit the ad from being displayed at the Portland International Airport.
  16. Native Americans End Trademark Dispute With Redskins
  17. After Supreme Court Decision, People Race To Trademark Racially Offensive Words
  18. Olive Garden Asks Olive Garden Reviewer Not To Refer To Olive Garden Due To Trademarks 
  19. Man ridicules Olive Garden’s demand letter over trademark dispute: “If you are asking me to simply add TradeMark® Symbols™ I must also decline.” 
  20. Olive Garden apologizes to AllOfGarden blog, offers $50 gift card: “We’ve reached resolution / I received absolution.”
  21. San Diego Comic Con Gets Gag Order On Salt Lake Comic Con
  22. Microsoft’s secret weapon in ongoing struggle against Fancy Bear? Trademark law: “Redirecting…Strontium domains will directly disrupt current Strontium infrastructure.”
  23. Why are celebrities trade marking their children’s names?
  24. Two Dead on a Tom Cruise Movie Shoot: A Plane Crash in Colombia, Lawsuits and a Survivor Speaks Out
  25. Moneyball for Dead Celebs: This $5 Billion Business Sells Elvis and Michael Jackson – Authentic Brands, which also owns Muhammad Ali and Marilyn Monroe, values dead celebs on their social media presence and the spending power of their fans.
  26. Dave Chappelle On Comedy And Politics In The Age Of President Trump
  27. The TV That Created Donald Trump: Rewatching “The Apprentice,” the show that made his Presidency possible.
  28. Rock on! Hand gestures as trade marks
  29. The Life of a Song: ‘Ice Ice Baby’: The problems started with the single’s huge success (it was rap’s first Billboard number one)
  30. Wonder Woman Passes Guardians Vol. 2 To Become Summer 2017’s Highest-Grossing Movie At Domestic Box Office
  31. We Live In The Peak TV World ‘Mad Men’ Created Ten Years Ago
  32. How “Game Of Thrones” Feeds Its Own Thinkpiece Industry: In the era of peak TV, the thinkpiece as a tool to keep us watching has never been more effective.
  33. MTV Isn’t What It Used To Be: MTV used to be closely in tune with youth culture, creating cultural phenomena instead of merely covering them. Now, it looks like they’re just trying to catch up.
  34. A Balancing Act: Fair Use and Creative Content
  35. Courtesy Paratexts: Informal Publishing Norms and the Copyright Vacuum in Nineteenth-Century America (Robert Spoo)

SURVEILLANCE & PRIVACY

  1. NAFTA talks: U.S. proposal for cross-border data storage at odds with B.C., N.S. law: U.S. challenging provincial privacy rules that require personal information to be stored on domestic servers
  2. Calls grow for Canada to modernize privacy laws amid EU changes
  3. 66 Of Donald Trump’s Pre-Presidential YouTube Videos Have Been Made Private
  4. Moscow’s cyber-defense: How the Russian government plans to protect the country from the coming cyberwar
  5. Exclusive: Russia used Facebook to try to spy on Macron campaign – sources
  6. As Cyberattacks Destabilize The World, The State Department Turns A Blind Eye
  7. NZ judge: Our spies surveilled Kim Dotcom for 2 months longer than admitted – “The US extradition case is dying. And someone is going to pay for this mess.”
  8. Surveillance Used To Give Poor Students Extra Financial Assistance Discreetly. Is That OK?
  9. All Quiet On The Tech Front As The Clock Ticks Down On Section 702 Renewal
  10. The failure of police body cameras: Video was supposed to help hold police accountable. But it hasn’t lived up to much of the hype.
  11. Ashley Madison Class Accord Raises Question: How Do You Find Claimants Who Don’t Want to Be Found?
  12. Politician Uses Bad Cyberharassment Law To Shut Down Critic; Critic Hoping To Have Law Struck Down
  13. Court Rejects Cell Site RF Signal Map In Murder Trial Because It’s Evidence Of Nothing
  14. Scientists are now using Wi-Fi to read human emotions
  15. How Smart Devices Could Violate Your Privacy: With everything from speakers to water meters sending information to the cloud, a murder trial is testing the boundaries of privacy at home
  16. Turn Off Your Push Notifications. All Of Them
  17. Seeing Like a Network: Don’t call it threat modeling

Jon

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News of the Week; July 19, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Government to name industry veteran Ian Scott as new head of the CRTC: The government will name Ian Scott as chairman and Caroline Simard as vice-chair of broadcasting
  2. White House gives thumbs up to overturning net neutrality rules: Congress should replace the FCC’s Title II rules, Trump spokesperson says.
  3. FCC refuses to release text of more than 40,000 net neutrality complaints: Ajit Pai says there’s no net neutrality problem—but keeps complaints under wraps.
  4. Ajit Pai not concerned about number of pro-net neutrality comments: Two million new pro-net neutrality comments claimed by “Day of Action” organizers.
  5. Senator Wyden To FCC Chair Pai: Hey, Stop Lying About What I Said To Undermine Net Neutrality
  6. Our Net Neutrality Comments To The FCC: We Changed Our Mind, You Can Too
  7. Comcast says net neutrality supporters “create hysteria”: Comcast, Verizon, and CenturyLink counter pro-net neutrality “Day of Action.”
  8. Comcast accuses net neutrality advocates of not “living in the real world”: Anyone who denies harm from Title II rules is denying reality, Comcast says.
  9. Comcast: We Must Kill Net Neutrality To Help The Sick And Disabled
  10. A Comcast billing nightmare affects woman caring for her sick father: “People with sick or dying family members should never have to go through this.”
  11. Comcast/NBC Caught Intentionally Misspelling Show Names To Help Hide Sagging Nielsen Ratings
  12. Charter Spectrum ‘Competes’ With New $20 Streaming TV Service Featuring $6 In Entirely Bogus Fees
  13. Openreach faces regulatory action if BT split fails to spur broadband market: Decent speeds and right service to meet consumer needs are on Ofcom’s list of demands.
  14. Sixth Circuit Blocks ‘Junk Fax’ Class Action Under Telephone Consumer Protection Act
  15. Any Changes to Radio Station Ownership Cap Rule Likely to Come from Courts, Not Congress
  16. EFF Highlights How ISPs Are Lying To Californians To Try And Kill New Broadband Privacy Protections

DIGITAL

  1. NAFTA Intellectual Property Talks Should Be Wary of Big Data Impacts: Expanding intellectual property protection may stifle innovation and harm the public interest (Teresa Scassa)
  2. My NAFTA Consultation Comments: Promoting Canadian Interests in the IP and E-commerce Chapters (Michael Geist)
  3. Russian man who helped create notorious malware sentenced to 5 years: –  DOJ: Citadel led to $500 million in losses for banks.
  4. Vladimir Putin Cut From Two Upcoming Hollywood Movies
  5. When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs (Eric Goldman)
  6. Creators Who Lost Revenue During “Adpocalypse” Seek Class Action Lawsuit Against YouTube
  7. Jake Paul’s Neighbors Hate Him And Are Considering A Class Action Lawsuit
  8. American YouTuber ‘My Mate Nate’ In Legal Trouble For Thailand Railroad Stunt
  9. Lilly Singh Named First UNICEF Goodwill Ambassador From The Digital Space
  10. Daenerys Targaryen Is The Most Popular ‘Game Of Thrones’ Character…On YouTube
  11. Google responds to academic funding controversy – with a GIF
  12. Correction to an article on Google’s academic influence
  13. The Ethics of Funded Research & the Ethics of Whistleblowing
  14. How (Not) to Buy an Academic
  15. All Out Of Ideas, Legacy News Providers Ask US Gov’t For The Right To Collude Against Google & Facebook
  16. Google Glass is Back, Glass ‘Enterprise Edition’ Unveiled
  17. Google Glass 2.0 Is A Startling Second Act
  18. Google’s New Feeds Show You The Internet You Want To See
  19. Korean defectors show locations of mass graves using Google Earth: NGO creates maps to guide future investigation of crimes against humanity.
  20. Defense of Gwyneth Paltrow’s Goop offers case study on how to sell snake oil: While trying to hammer a medical blogger, Goop nails the best ways to sell BS.
  21. 70-Year-Old ‘Grandma’ Is Making Serious Waves Within South Korea’s YouTube Scene
  22. Insights: In An Escher-esque Turn Of Events, Newspapers Need Antitrust Exemption To Deal With Google’s Antitrust Power
  23. The Biggest Dark Web Takedown Yet Sends Black Markets Reeling
  24. Two judges smack down notorious patent holder “Shipping and Transit” in one week: More than 300 lawsuits, more than 800 payouts, but not one decision on the merits.
  25. EFF has appealed the W3C’s decision to make DRM for the web without protections
  26. Germany Obliges Social Media Companies to Delete Hate Speech
  27. Nearly 90,000 Sex Bots Invaded Twitter in ‘One of the Largest Malicious Campaigns Ever Recorded on a Social Network’
  28. Twitter’s Never Going To Ban Donald Trump
  29. Trump’s Policies Are Sending Precious Startup Jobs To Canada
  30. As a Guru, Ayn Rand May Have Limits. Ask Travis Kalanick.
  31. VC Firms Promise To Stamp Out Sexual Harassment. Sounds Familiar
  32. 22,000 People Agree to Clean Toilets for WiFi Because They Didn’t Read the Terms
  33. Even Teenagers Are Creeped Out by Snapchat’s New Map Feature
  34. Snapchat Teams Up With Formula 1 for Grand Prix Stories
  35. Formula 1 Shares ‘Great Moment’ With Snap Inc. To Attract Millennials 
  36. Watch a Woman Destroy $200,000 Worth of Art While Taking a Selfie
    Asia’s Online Video Market to Hit $46 Billion by 2022, Dwarfing Theatrical 
  37. Netflix surges to record high as company adds non-US subscribers: There are now more people streaming Netflix outside the US than domestically.
  38. Netflix Blasts Past Expectations By Adding 5.2 Million New Subscribers In Second Quarter Of 2017
  39. Netflix Content Assets Valued at $11 Billion — More Than Time Warner, Viacom, Discovery, AMC
  40. Safeguarding Safe Harbors
  41. Focus: Social media evidence plays important role in litigation
  42. The First Alexa Phone Gets Amazon Even Closer To Total Domination
  43. Amazon Bursts Blue Apron’s Bubble, As The Market Checks Tech’s Hype
  44. At This Point, Amazon Can Crush a Company Just By Filing for a Trademark
  45. Pressure mounting for US government to examine Amazon-Whole Foods accord: On campaign trail, Donald Trump said Amazon had “a huge antitrust problem.”
  46. Chatbot lawyer, which contested £7.2M in parking tickets, now offers legal help for 1,000+ topics: DoNotPay has expanded to cover the UK and all 50 US states. Free legal help for everyone!
  47. A Son’s Race To Give His Dying Father Artificial Immortality
  48. Elon Musk’s Freak-Out Over Killer Robots Distracts From Our Real AI Problems
  49. Pocket brains: Neuromorphic hardware arrives for our brain-inspired algorithms – IBM’s TrueNorth helps usher in design that could again get around Moore’s Law limits.
  50. Blockchain for the humanitarian sector 
  51. The Curious Comeback Of The Dreaded QR Code
  52. Scrap dealer finds Apollo-era NASA computers in dead engineer’s basement: Plus hundreds of mystery tapes from Pioneer and Helios probe missions.
  53. #engage it’s time for judges to tweet, like, & share

CREATIVITY

  1. Federal Court finds University’s Fair Dealing Guidelines Are Not So Fair. When is Fair Foul, and Foul Fair?
  2. Access Copyright v. York U – And All Eyes Over to York U for What’s Next
  3. Ignoring the Supreme Court: Federal Court Judge Hands Access Copyright Fair Dealing Victory (Michael Geist)
  4. Donald Graham’s Copyright Infringement Suit against Richard Prince Allowed to Go Forward 
  5. Canadian Rapper Sends Rap Video Cease & Desist Letter To Coca Cola For ‘Jacking’ His Catchphrase
  6. Copyright Madness: Blurred Lines Mess Means Artists Now Afraid To Name Their Inspirations
  7. Latest EU Parliament Votes On Copyright: Give Big Corporations More Copyright
  8. Animal rights? Monkey selfie case may undo evolution of the Internet – Analysis: PETA’s quest for animals to own property is no laughing matter.
  9. Monkey selfie photographer says he’s broke: ‘I’m thinking of dog walking’ – David Slater has been fighting for years over who has the copyright to photos taken by monkeys using his camera, and says he’s struggling as a result
  10. George Romero, Zombies… And The Public Domain
  11. How the Guy Who Played Jar Jar Binks Survived the Fandom Menace
  12. No One Looks Good in the Ugly Drama Surrounding Kermit the Frog’s Firing 
  13. Freedom of panorama in Italy: does it exist? (Eleonora Rosati)
  14. 1H 2017 Quick Links, Part 1 – Trademarks, Keyword Ads (Eric Goldman)
  15. 1H 2017 Quick Links, Part 4 – Copyright, Patent, More (Eric Goldman) 

SURVEILLANCE & PRIVACY

  1. Appeals court OKs secrecy of FBI national security data requests: Targets of NSLs can’t challenge them because ISPs can’t tell the target about them.
  2. Appeals Court Agrees Government Can Tell NSL Recipients To STFU Indefinitely
  3. Ashley Madison Parent Company to Pay $11.2 Million to Data Breach ‘Victims’
  4. Lawyers score big in settlement for Ashley Madison cheating site data breach: Members who paid $19 for their data to be deleted (it wasn’t) might get a refund.
  5. French court refers ‘right to be forgotten’ dispute to top EU court
  6. Facebook Persistent Tracking Lawsuit Crashes Again
  7. Security experts from Google, Facebook, Crowdstrike want to save US elections: “Defending Digital Democracy” will “generate innovative ideas” to safeguard democracy.
  8. Hack Brief: A Myspace Security Flaw Let Anyone Take Over Any Account, No Biggie
  9. Private Data Of 6 Million Verizon Users Left Openly Accessible On The Internet
  10. Indian ISPs Continue Futile Effort To Prevent Subscribers From Using Decent Encryption
  11. Privacy International Sues US Government Over Denied Access To Five Eyes Surveillance Agreements
  12. Government Lawyers Hoping To Keep Leaker’s Lawyers From Talking About Leaked Documents
  13. US border agents: We won’t search data “located solely on remote servers” – What does that mean in practice? CBP isn’t saying for now.
  14. White House voter commission publishes names, numbers of worried citizens: Vice president’s spokesman dismisses concerns: “These are public comments.”
  15. Trump’s Pick For FBI Head Sounds A Lot Like The Guy He Fired When It Comes To Encryption
  16. Prime Minister Says the Laws of Australia Can Beat the Laws of Math
  17. Biometrics catches violent fugitive 25 years on the run: Like it or not, facial-recognition tech has become an everyday part of society.
  18. DHS Goes Biometric, Says Travelers Can Opt Out Of Face Scans By Not Traveling
  19. DHS Confirms There Will Be More And Greater Intrusiveness During Border Searches
  20. New Zealand Airports Customs Officials Performing ‘Digital Strip Searches’ Of Travelers’ Electronics
  21. Not for the first time, Microsoft’s fonts have caught out forgers: If you’re going to pretend a document is from 2006, you should use Times New Roman.
  22. From Sans Serif To Sans Sharif: #Fontgate Leads To Calls For Pakistan’s Prime Minister To Resign
  23. Congresswoman’s iPhone contained nude images, and an aide put them online: Staffer allegedly accessed images while taking lawmaker’s phone in for repair.
  24. California Vote on Internet Privacy Could Have Big Impact on Other States: State law would limit how internet service providers can use customers’ data
  25. Apple’s Privacy Pledge Complicates Its AI Push
  26. An Amazon Echo Can’t Call The Police—But Maybe It Should
  27. IBM’s Plan To Encrypt Unthinkable Amounts Of Sensitive Data
  28. Reputation Matters: Court of Appeal prohibits Reuters from publishing commercially confidential information – The Court of Appeal has dismissed an appeal by Reuters against an injunction granted by the High Court to hedge fund Brevan Howard, which prohibited Reuters from publishing certain commercially confidential information.
  29. 1H 2017 Quick Links, Part 2 – Privacy, Security (Eric Goldman)
  30. Averting Robot Eyes (Margot E. Kaminski, Matthew Rueben, William Smart, Cindy Grimm)

Jon

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News of the Week; July 12, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY 

  1. Cable TV companies can charge higher prices thanks to new court ruling: Court upholds FCC decision that said cable TV faces competition nationwide.
  2. Television Station Challenging the Denial of Public Access to an Official Court Recording
  3. Microsoft Unveils Plan To Deliver Broadband To 2 Million, NAB Immediately Craps All Over The Announcement
  4. Microsoft wants all of rural America to get high-speed broadband: Microsoft invests in white space networks, offers royalty-free access to patents.
  5. AT&T Claims Forced Arbitration Isn’t Forced… Because You Can Choose Not To Have Broadband
  6. Trump Hopes To Use AT&T Time Warner Merger As ‘Leverage’ Over CNN
  7. White House could use AT&T/Time Warner deal as “leverage” against CNN: AT&T seemingly on track to buy Time Warner despite Trump’s anger at CNN.
  8. If FCC gets its way, we’ll lose a lot more than net neutrality: Beyond no-blocking rules, Title II plays big role in overall consumer protection.
  9. Cable lobby conducts survey, finds that Americans want net neutrality: NCTA touts opposition to price caps—which don’t exist for home Internet.
  10. AT&T Pretends To Love Net Neutrality, Joins Tomorrow’s Protest With A Straight Face
  11. AT&T joins net neutrality protest—despite suing to block neutrality rules: AT&T joins net neutrality “Day of Action” but wants to overturn Title II rules.
  12. Telecom Industry Feebly Tries To Deflate Net Neutrality Protest With Its Own, Lame ‘Unlock The Net’ Think Tank Campaign
  13. Facebook, Google to join net neutrality demonstration
  14. Facebook, Google Wake Up From Their Coma On The Subject, Join Wednesday’s Massive Net Neutrality Protest
  15. How Facebook, Google, Netflix, and others supported net neutrality today: See how websites, advocacy groups, and even some ISPs defended net neutrality
  16. The Who’s Who Of Net Neutrality’s ‘Day Of Action’
  17. Day Of Action: Sen. Wyden Leads The Battle For Net Neutrality
  18. How The Internet Showed Up For Net Neutrality Today, From Reddit To Google
  19. The FCC Insists It Can’t Stop Impostors From Lying About My Views On Net Neutrality
  20. AMC To Charge Cable Customers $5 More To Avoid Advertisements
  21. Cable TV companies can charge higher prices thanks to new court ruling: Court upholds FCC decision that said cable TV faces competition nationwide.
  22. TCPA Jury Award Trebled to $61.3 Million Against Dish Network For Failure to Monitor its Telemarketing Vendor 
  23. NAB Details Radio Stations that Could be Affected by Repacking of the TV Band 
  24. Changes in FCC Rules on Third-Party Fundraising By Noncommercial Stations Effective Now – Except for the New Disclosure and Paperwork Obligations 
  25. Toward an Open and Innovative Internet: What Lies Behind Canada’s Net Neutrality Success Story (Michael Geist)
  26. Ofcom spectrum auction caps are “kick in the teeth” for consumers—Three UK: Regulator insists new airwaves rules will drive competition in mobile market.

DIGITAL

  1. Over many objections, W3C approves DRM for HTML5: Contentious feature is added, without mandate to protect security researchers.
  2. Global Web standard for integrating DRM into browsers hits a snag – EFF: Protections needed to “engage in lawful activity that DRM gets in the way of.”
  3. Tim Berners-Lee Sells Out His Creation: Officially Supports DRM In HTML
  4. EFF Officially Appeals Tim Berners-Lee Decision On DRM In HTML
  5. People Would Pay A Hell Of A Lot More If DRM Were Gone
  6. Head of Mt Gox bitcoin exchange on trial for embezzlement and loss of millions: Mark Karpelès faces up to five years in jail as Japanese authorities press charges in bankruptcy case that lost 850,000 bitcoins and $28m of user money
  7. Vizio sues Chinese tech giant LeEco over failed merger
  8. Vizio sues LeEco in the wake of their failed $2 billion deal: It filed two lawsuits seeking $110 million in damages.
  9. Vizio’s Tolerance for LeEco’s B.S. Has Come to an End
  10. Court Refuses to Dismiss Photojournalist’s Complaint Against Clothing Company for DMCA Violation 
  11. Court Says DMCA Safe Harbors Disappear Once Infringing Images Are Printed On Physical Items
  12. Here’s the brutal reality of online hate: Death threats. Mutilated animals. Damnation. The victims of online hatred share their experiences.
  13. Why Protecting The Free Press Requires Protecting Trump’s Tweets
  14. The Great Firewall Of China Grows Stronger As China Forces App Stores To Remove VPNs
  15. China’s Surveillance Plans Include 600 Million CCTV Cameras Nationwide, And Pervasive Facial Recognition
  16. China Bans Online Videos Showing Homosexuality And Activists & Communist Youth League Are Outraged
  17. Yelp, Twitter and Facebook Aren’t State Actors–Quigley v. Yelp (Eric Goldman)
  18. News industry decries Facebook’s “digital duopoly,” wants government help: Newspapers “forced to surrender their content” want to team up and negotiate.
  19. Free Speech Fans Sue Donald Trump for Blocking Them on Twitter
  20. Twitter users blocked by Trump sue, claim @realDonaldTrump is public forum: Lawsuit adopts a unique constitutional theory about social media rights.
  21. Social media driving risky behaviour in Lynn Canyon, North Shore mountains 
  22. Supreme Court of Canada Upholds Order for Google to Block Search Results Globally
  23. No, The Canadian Supreme Court Did Not Ruin the Internet
  24. Court Won’t Let Patent Troll Dismiss Its Way Out Of A Lawsuit, Orders It To Pay Legal Fees
  25. Study: Dutch Piracy Rates In Free Fall Due Mostly To The Availability Of Legal Alternatives
  26. Pirate Bay Re-enters List of 100 Most Popular Sites on the Internet 
  27. There Is An Easy Answer To Whether Machines Should Get Copyright Rights And It Comes Down To Copyright’s Purpose
  28. Could a Robot Be President?: Yes, it sounds nuts. But some techno-optimists really believe a computer could make better decisions for the country—without the drama and shortsightedness we accept from our human leaders.
  29. Waymo drops most of its patent case against Uber: Judge questioned whether Waymo’s patent case is “worth the salt.”
  30. Waymo v. Uber: Alphabet CEO Larry Page will be deposed – Also, Uber’s attempt to get documents from competitor Lyft gets squashed.
  31. Responding to the “Campaign for Accountability” report on academic research
  32. Setting the record straight on WSJ Google “Paying Professors” Article
  33. You should be outraged at Google’s anti-competitive behavior
  34. There Are Only a Few Possibilities for the Future of News
  35. Press Association wins Google grant to run news service written by computers: News agency gets €706,000 to use AI for creation of up to 30,000 local stories a month in partnership with Urbs Media
  36. A Blueprint For Coexistence With Artificial Intelligence
  37. Latest experiments reveal AI is still terrible at naming paint colors: Or maybe Janelle Shane’s neural network is secretly making fun of humanity?
  38. Prince’s Music Videos Hit YouTube
  39. Wiz Khalifa’s See You Again is now the most-viewed YouTube video of all time
  40. Valuable Branded Posts Make Stephen Curry Top NBA Player On Social
  41. Native Advertising, Influencers, And Endorsements: Where Is the Line Between Integrated Content And Deceptively Formatted Advertising?
  42. Facebook, Snapchat could pay millions for World Cup 2018 highlight rights: Where will you watch clips from the biggest soccer tournament next year?
  43. Nothing Bums Me Out Like Scott Walker’s Instagram Feed
  44. Microsoft to Lay Off an Estimated 3,000 Employees
  45. Disney Feels The Heat As Children Lead The Cord Cutting Revolution
  46. Disney Invests in 11 Tech and Media Companies for 2017 Accelerator Program 
  47. Struggling for survival, SoundCloud closes San Francisco, London offices: Audio startup has lost over $150M from 2010 through 2015.
  48. Insights: In The Digital Future, What Do Studios Look Like (If Anything At All)?
  49. The Technology That Will Make It Impossible for You to Believe What You See: With these techniques, it’s difficult to discern between videos of real people and computerized impostors that can be programmed to say anything.
  50. Scientists Upload A Galloping Horse Gif Into Bacteria With CRISPR
  51. Online Harassment 2017: Roughly four-in-ten Americans have personally experienced online harassment, and 62% consider it a major problem. Many want technology firms to do more, but they are divided on how to balance free speech and safety issues online (Pew Research Center)

CREATIVITY

  1. York University Loses On “Mandatory” Issue And Fair Dealing (Howard Knopf)
  2. CAUT disappointed with Federal Court copyright ruling against York University
  3. Did you hear the one about a monkey suing a photographer for infringement?: “Monkey see, monkey sue is not good law.”
  4. Law banning filming Utah slaughterhouses ruled unconstitutional: “Were the law otherwise,” judge says, Utah could outlaw “creating music videos.” 
  5. The Supreme Court just totally, brilliantly fixed Canada’s long-running patent fiasco
  6. What’s Next For The Founder Of The Slants, And The Fight Over Racial Slurs 
  7. Three Questions from the Supreme Court’s Decision on “Offensive” Trademarks
  8. New York State Fails to Extend the Scope of its Right to Publicity Statute
  9. Bob Murray Demands John Oliver Be Silenced… While HBO Moves Case To Federal Court
  10. Don’t Let The Alt-Right Fool You: Journalism Isn’t Doxing
  11. The Guerrilla Journalists Defying Isis One Video At A Time
  12. House Appropriation Committee Demolishes Hollywood’s Excuses For Moving Copyright Office Out Of Library Of Congress
  13. State Department concocting “fake” intellectual property “Twitter feud”: “Our public diplomacy office is still settling on a hashtag,” State Department says.
  14. How “fake news” could get even worse
  15. Two Wangs Of Ireland Battle Over Trademarks Nobody Will Confuse
  16. Brooklyn Coffee Shop Locks Unicorn Horns With Starbucks
    The diplomatic crisis of Qatar and Gulf Cooperation Council’s IP
  17. Possibly most intense Star Wars v. Star Trek argument ever ends in arrest
  18. 20 years after ‘Contact’ came out, the rest of pop culture still hasn’t caught up
  19. Donald Trump Jr.’s Free Speech Defense: It’s as bogus as it sounds.

SURVEILLANCE & PRIVACY

  1. Federal Appeals Court Rules that There is a First Amendment Right to Record the Police
  2. Third Circuit Appeals Court Establishes First Amendment Right To Record Police
  3. Judge denies DOJ effort to halt Twitter lawsuit over national security orders: Twitter wants to be able to say precisely how many secret orders it received.
  4. Judge Says Twitter Can Move Forward With First Amendment Lawsuit Over NSL Reporting Limitations
  5. Facebook Back In Court Challenging More Law Enforcement Gag Orders
  6. FBI didn’t need warrant for stingray in attempted murder case, DOJ says – Prosecutors: “signals emitted from a phone are… not by their nature private.”
  7. Your Guide To Russia’s Infrastructure Hacking Teams
  8. Kaspersky under scrutiny after Bloomberg story claims close links to FSB
  9. Wait, what? Trump proposed a joint “cyber security unit” with Russia: “It’s not the dumbest idea I have ever heard, but it’s pretty close.”
  10. Trump’s Voter Data Haul Tests the Privacy of Public Records: Just because information is “publicly available” does not mean it is, or should be, widely available.
  11. Six major US airports now scan Americans’ faces when they leave country – House testimony: “It is important to note that CBP is committed to privacy.”
  12. China Uses Facial Recognition To Combat Jaywalking
  13. Apple Opens Data Center in China to Comply With Cybersecurity Law
  14. Virgin’s CCTV images of Corbyn on “ram-packed” train didn’t break data law: But firm did breach law by exposing faces of passengers travelling on same service.
  15. Former Head Of GCHQ Says Don’t Backdoor End-To-End Encryption, Attack The End Points
  16. Comcast, AT&T, WhatsApp all score low on new “Who Has Your Back?” list: EFF’s annual ratings show that the industry’s biggest names have a ways to go.
  17. Sorry, But You Need To Care About Blac Chyna And Rob Kardashian
  18. Google Home Breaks Up Domestic Dispute By Calling the Police
  19. Did an Echo Call 911 During a Domestic Assault? Amazon Says No.
  20. The Petya Plague Exposes The Threat Of Evil Software Updates
  21. I Gave Mattel My Email Address to Keep My Child Safe. They Used It to Send Me Spam.
  22. How to Protect Your Digital Self
  23. How I learned to stop worrying (mostly) and love my threat model: Reducing privacy and security risks starts with knowing what the threats really are.
  24. With Bill C-58, the federal government has left the heavy lifting on access to information reform for another day/year/government.
  25. Personal Liability Under Canada’s Anti-Spam Law
  26. The Trudeau government redacted the details of its own transparency plan
  27. Whose Speech Is Chilled by Surveillance?: Women and young people are more likely to self-censor if they think they’re being monitored. (Jonathon Penney)
  28. The Hidden Force That Will Drive GDPR Privacy Compliance (Daniel Solove)
  29. ATIA reform Bill creates new relationship between Information and Privacy Commissioners over “personal information” (Teresa Scasa)

Jon

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News of the Week; July 5, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. NFL, DirecTV Defeat ‘Sunday Ticket’ Lawsuit: The battle over blacked-out games has ended. DirecTV and the NFL are dancing in the legal endzone after a California federal court dismissed a nationwide class-action lawsuit over Sunday Ticket.
  2. Sports Media Is Dead, Long Live Sports Media
  3. Tom Wheeler defends Title II rules, accuses Pai of helping monopolists – Ex-FCC chair: Title II is crucial for net neutrality and consumer protection.
  4. Trump picks Republican to fill empty commissioner seat at FCC: Trump nominates Brendan Carr, general counsel and former aide to Chairman Pai.
  5. 50 million US homes have only one 25Mbps Internet provider or none at all: 10.6 million homes have no wired access to 25Mbps, 4.9 million can’t get 3Mbps.
  6. Vidéotron says it was ‘forced to put an end’ to Unlimited Music, will give customers free data
  7. Canadian cellphone startup has success stateside, but shut out at home
  8. Record $280M Fine for Dish Network’s Telemarketing Violations
  9. AT&T: Forced arbitration isn’t “forced” because no one has to buy service – To avoid AT&T arbitration, your only choice is to not be a customer.
  10. Comcast, Charter May Soon Get Even Larger With Joint Acquisition Of Sprint
  11. Murdoch’s Sky takeover bid delayed by UK gov’t, sent to CMA for further assessment: Culture secretary says there’s a risk that Murdoch would control too much UK media.
  12. Verizon Wireless disconnects some heavy data users in rural areas: Verizon sheds customers who roam on rural networks and use tons of data.
  13. ISPs Are No Longer Even Bothering To Provide Bogus Excuses For Their Expanding Use Of Usage Caps
  14. Cox expands home Internet data caps, while CenturyLink abandons them: Meanwhile, Cox has plans to charge extra for unlimited data.
  15. 40 ISPs, VoIP And VPN Providers Tell FCC They Like Having Net Neutrality Rules
  16. ‘Free Market’ Group: FCC Comments Show Nobody Really Wants Net Neutrality
  17. A Curious Tale of Economics and Common Carriage (Net Neutrality) at the FCC: A Reply to Faulhaber, Singer, and Urschel (Dwayne Winseck & Jefferson Pooley)

DIGITAL

  1. Federal Court of Appeal Deals Music Labels Major Defeat By Upholding Tariff 8 Internet Streaming Decision (Michael Geist)
  2. The Battle Over Tariff 8: What the Recording Industry Isn’t Saying About Canada’s Internet Streaming Royalties (Michael Geist)
  3. Court vacates apparent fake-defendant libel takedown order in Patel v. Chan
  4. State Dept. Enlists Hollywood And Its Friends To Start A Fake Twitter Fight Over Intellectual Property
  5. Rob Kardashian Could Face Revenge Porn Charges for Posting Explicit Photos of Blac Chyna, Expert Says
  6. Trump Mocks Mika Brzezinski
  7. Mika Brzezinski explains what President Trump’s tweets reveal about him
  8. Morning Joe co-hosts accuse White House of blackmail over tabloid story
  9. Mika Brzezinski and Joe Scarborough’s Extortion Claim Against Donald Trump and the National Enquirer
  10. Why Trump’s Vengeful Tweeting MattersDonald Trump Is Testing Twitter’s Harassment Policy: The president’s latest outbursts suggest the social-media platform imposes no editorial standards. But should it?
  11. Twenty Theses About Twitter (Eric Posner)
  12. Trump Supporters Cry Bias After NPR Tweets the Declaration of Independence
  13. Save Free Speech From Trolls: Criticism is not censorship no matter how insistent Twitter’s free speech brigade might be.
  14. CNN implied threat against redditor over Trump-CNN GIF ignites Internet: After extracting apology from “HanAs**holeSolo”, CNN reserves right to expose him.
  15. Silicon Valley sexual harassment scandal spreads: Six women have accused Binary Capital partner Justin Caldbeck of making unwanted sexual advances. Several said the misconduct took place when the women sought funding or guidance on their businesses.
  16. More women come forward to talk about Silicon Valley’s sexual harassment problem: Some big name VCs have issued apologies
  17. Women in Tech Speak Frankly on Culture of Harassment
  18. ‘I was getting confused figuring out whether to hire you or hit on you’: Five Silicon Valley tech investors are accused of sexually harassing women: Dave McClure of 500 Startups and Chris Sacca of Lowercase Capital were both accused of sexually harassing women in the tech industry; Justin Caldbeck of Binary Capital, Marc Canter of Macromedia and investor Jose De Dios also had allegations leveled against them; Ten female entrepreneurs came forward and revealed the allegations this week; They claim the men targeted them with sexist comments, touched them without permission or sent inappropriate messages or emails over the years; McClure, Sacca and Caldbeck have all publicly apologized for their behavior; De Dios has denied the allegations against him, while Canter accused a woman of lying about her claims 
  19. Start-up investor Dave McClure resigns from 500 Startups
  20. We Are All Internet Bullies
  21. UK dealer charged in US over multimillion-dollar fake Bitcoin site scam: Renwick Haddow created ‘trendy’ companies and duped investors into thinking they were big successes, authorities in New York allege
  22. Facebook’s Secret Censorship Rules Protect White Men from Hate Speech But Not Black Children: A trove of internal documents sheds light on the algorithms that Facebook’s censors use to differentiate between hate speech and legitimate political expression.
  23. Facebook ‘Hate Speech’ Rules Protect Races And Sexes — So, Yes, White Men Are Going To Be ‘Protected’
  24. Facebook found a new way to identify spam and false news articles in your News Feed: People who post 50-plus times per day are likely sharing spam or false news, Facebook says.
  25. The Most Important Lesson From the Leaked Facebook Content Moderation Documents
  26. Overhauling Groups Won’t Help Facebook Build Communities
  27. Denied: Afghanistan’s All-Girl Robotics Team Can’t Get Visas To The US
  28. Newegg fought its way through two appeals to win fees from this patent-holder: It took repeated appeals to win an award that “aged like fine wine.”
  29. Copyright Office Releases Report on Section 1201
  30. What’s wrong with the Copyright Office’s DRM study?
  31. Eliminating Internet Safe Harbours Would Hurt The Economy
  32. Market Court’s ruling expected to stem flow of copyright letters
  33. Instagram Unleashes An AI System To Blast Away Nasty Comments
  34. Instagram Starts Using Artificial Intelligence to Moderate Comments. Is Facebook Up Next?
  35. Citrix isn’t just for telecommuting, Red Bull Racing uses it at the track: But the next big thing will be machine learning and AI for simulations and design.
  36. Copyright and innovation: If Canada is to become an major centre of high-tech business and AI development, it must remove the copyright-related impediments to innovation.
  37. SIRI-OUSLY 2.0: What Artificial Intelligence Reveals About the First Amendment (Toni M. Massaro, Helen Norton & Margot E. Kaminski)
  38. Search Algorithms Kept Me From My Sister For 14 Years
  39. Machine Creativity Beats Some Modern Art: If machines can outperform humans at playing games and driving cars, can they also produce better art? A new kind of Turing test aims to find out.
  40. First And Only Snippet Tax Deal In Spain Is With Big Supporter Of Snippet Tax In Germany
  41. Delete Hate Speech or Pay Up, Germany Tells Social Media Companies
  42. Germany passes law with huge fines for Internet companies that don’t bar hate speech: German legislators want hate speech removed within 24 hours.
  43. Germany Officially Gives Up On Free Speech: Will Fine Internet Companies That Don’t Delete ‘Bad’ Speech
  44. Designing Genderless Emoji? It Takes More Than Just Losing The Lipstick
  45. Zillow Only Kinda Backs Down From Dubious McMansion Hell Threats Following EFF’s Engagement
  46. McMansion Hell is Back Online, Will Not Comply With Zillow’s Demands [Update: Zillow Will Not Sue]
  47. FilmOn’s chutzpah doesn’t pay off; labeling it a site of (c) infringement is protected by anti-SLAPP law: FilmOn.com v. DoubleVerify, Inc., 2017 WL 2807911, No. B264074 Cal. Ct. App. Jun. 29, 2017 (Rebecca Tushnet)
  48. Canadian Supreme Court holds that Google can be ordered to de-index results globally
  49. No Monitoring & No Liability: What the Supreme Court’s Google v. Equustek Decision Does Not Do (Michael Geist)
  50. Google v. Equustek: Unnecessarily Hard Cases Make Unnecessarily Bad Law (Ariel Katz)
  51. Supreme Court of Canada lends an enforcement hand to intellectual property right owners
  52. When Google and its ilk become regulators, we all lose
  53. Judge Tosses Woman’s Lawsuit Brought Against Google Because A Blogger Said Mean Things About Her
  54. Google Begins Experimenting with VR Ads
  55. The Lawsuit That Could Pop Alphabet’s Project Loon 
  56. Apple Adds VR Rendering Essentials to MacOS via Metal 2
  57. Ars spends too much time trying to work in Haiku, the BeOS successor: After years of alpha, the open source execution of BeOS is beautiful but buggy.
  58. In attempt to achieve YouTube stardom, woman accidentally kills her boyfriend: According to Pedro Ruiz’ aunt, her late nephew told her – “We want to get famous.”
  59. YouTube Reportedly Offered Nominal Refunds To Brands Who Pulled Spend In ‘Adpocalypse’
  60. Three-Month-Old YouTube TV Expands To 10 Additional Markets
  61. Now Netflix Is Reviving Its Own Canceled Shows, Too
  62. Disney Channel And Freeform Ratings Are Falling As Young Viewers Turn To Streaming Platforms
  63. BBC Pledges To Invest $44 Million In Digital Content For Kids Through 2020
  64. We need our platforms to put people and democratic society ahead of cheap profits: The BBC is a model for a trusted social networking platform that combats fake news and propaganda while serving the public interest.
  65. Sale Of Roku Devices Banned In Mexico Due To Rampant Hacking
  66. Rotten Tomatoes And The Unbearable Heaviness Of Data
  67. Podcast Ad Revenues Are Expected To Reach $220 Million In 2017 (Study)
  68. GrubHub trial may finally answer contractor vs. employee quandary: A GrubHub loss could pave the way for a slew of similar labor cases.
  69. Couple Asks Internet To Photoshop Out Shirtless Guy From Engagement Photo, Regrets It Immediately
  70. People Who Follow Influencers Are More Likely To Engage In Charitable Causes (Study)
  71. The US government is removing scientific data from the Internet: At Ars Technica Live, we talked to Lindsey Dillon, who decided to do something about it.
  72. Information overload makes social media a swamp of fake news: Low attention and a flood of data are serious problems for social networks.
  73. Another Collision of Housing Regulations and Online Innovation–SF Housing Rights Committee v. HomeAway (Eric Goldman)
  74. Looking Forward To Next 20 Years Of A Post-Reno Internet
  75. The Shifting Landscape of Global Internet Censorship: An Uptake in Communications Encryption Is Tempered by Increasing Pressure on Major Platform Providers; Governments Expand Content Restriction Tactics (Jonathan Zittrain, Robert Faris, Helmi Noman, Justin Clark, Casey Tilton & Ryan Morrison-Westphal)
  76. The complete history of the IBM PC: Bill Gates. Mysterious deaths. IBM trying to act like a nimble startup. This story has it all!
  77. With iPhone, Apple showed AT&T and Verizon who’s boss: Apple refused to let wireless carriers ruin the customer experience. 

CREATIVITY

  1. Paul McCartney Finally Regains Beatles Rights After Near 50-Year-Long Battle
  2. Claim U$ 150.000 for Trump: Photographer Julie Dermansky is claiming 150,000 dollars in damages from US President Donald Trump after the Trump organisation apparently used one of her photos without permission.
  3. Kanye West Is Done With Tidal
  4. The Music Industry’s Still Off Key: The power brokers aren’t responsible for its revival.
  5. RIAA Trashes Its Legacy As A 1st Amendment Supporter By Cheering On Global Internet Censorship
  6. The elusive data behind copyright reform: In the absence of data, scholars, legislators and other stakeholders are forced to grope in the dark about what copyright reform has wrought. (Bob Tarantino)
  7. France’s Highest Court Rules in Favor of Freedom of Expression of Director over Heirs’ Droit Moral
  8. Shop Till You Drop… Your Claim… Stores’ Layout Protected by French Copyright
  9. Olivia de Havilland Files a Right of Publicity Suit against Feud Producers
  10. Library of Awesome—Wonder Woman, Lynda Carter, and Copyright
  11. Stars are getting militant about inequality in Hollywood. It’s about time.
  12. Alex Jones Has a Perfectly Normal Chat About All the Slave Children Who Are Sent to Mars
  13. The End of Utility? Supreme Court of Canada Rewrote Patent Law Rationale as We Knew It
  14. Supreme Court harms Canada’s innovation policy stand ahead of NAFTA negotiations
  15. ‘Bombshell’ Canadian Patent Ruling Seen Favoring Foreign Companies: Supreme Court decision lowers bar for receiving patents – Decision removes a trade irritant with U.S. before Nafta talks
  16. AstraZeneca Canada Inc. v. Apotex Inc. (SCC)
  17. USPTO Economists on Patent Litigation Predictors
  18. The Importance of Brand Clearance: How About “COVFEFE” As a Brand? Part 2
  19. NFL is advising ICE to seize obvious parodies, my FOIA suit reveals (Rebecca Tushnet)
  20. EU And US Perspectives On Fair Dealing For The Purpose Of Parody Or Satire (Graeme Austin)
  21. The age of distributed truth

SURVEILLANCE & PRIVACY

  1. DOJ Asks The Supreme Court To Give It Permission To Search Data Centers Anywhere In The World
  2. Moving Beyond Backdoors To Solve The FBI’s ‘Going Dark’ Problem
  3. NSA Continues To Dodge ‘Incidental Collection’ Question, Wants Its ‘About’ Surveillance Program Back
  4. Laptop ban led to 20-percent drop in flights for one Mideast airline: Emirates, Etihad, and Turkish Airlines increase security, drop electronics ban.
  5. NATO Considering ‘Petya’ Malware a Potential Act of War
  6. NotPetya developers may have obtained NSA exploits weeks before their public leak: Clues may tie people behind massive malware attack to mysterious Shadow Brokers group.
  7. Backdoor built in to widely used tax app seeded last week’s NotPetya outbreak: Operation that hit thousands was “thoroughly well-planned and well-executed.”
  8. As A New Wave Of Cyberattacks Rolls Out, Rep. Ted Lieu Asks What The NSA’s Going To Do About It
  9. Global cyberattack seems intent on havoc aimed at Ukraine, not extortion
  10. Coalition Objects to Renewed Calls for Weaker Encryption Following ‘Five Eyes’ Ottawa Meeting
  11. Google DeepMind deal with NHS broke UK data law, rules ICO: Medical trial that slurped patient records of 1.6 million Brits ruled illegal by watchdog.
  12. In Worrisome Move, Kaspersky Agrees to Turn Over Source Code to US Government
  13. HTTPS Certificate Revocation is broken, and it’s time for some new tools: Certificate Transparency and OCSP Must-Staple can’t get here fast enough.
  14. Windows 10 will try to combat ransomware by locking up your data: But how to protect files from users who have access to those files remains tricky.
  15. Government Kills Cyber Remedies as Cyber Threats Mount
  16. Cheerleader Fraudulently Obtains Court Order To Scrub Web Of Her Boyfriend-Beating Past
  17. Federal government proposes reform of public sector Access to Information Act
  18. The Bootlegger, the Wiretap, and the Beginning of Privacy

Jon

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News of the Week; June 28, 2017

MEDIA, COMMUNICATIONS & NET NEUTRALITY

  1. Why Net Neutrality Matters Even In The Age Of Oligopoly
  2. Tumblr Goes Radio Silent On Net Neutrality After Verizon Acquisition
  3. 30 small ISPs urge Ajit Pai to preserve Title II and net neutrality rules – Letter: Title II didn’t hurt investment, is good for small ISPs and customers.
  4. AT&T Promises A Cornucopia Of Broadband Investment…But Only If Trump Gives It A Giant Tax Cut & A Shiny New Merger
  5. AT&T May Soon Return To Charging Broadband Subscribers More For Privacy
  6. AT&T: Forced arbitration isn’t “forced” because no one has to buy service: To avoid AT&T arbitration, your only choice is to not be a customer.
  7. Verizon illegally denied Charter access to utility poles, complaint says: Charter fined for slow Internet rollout but says Verizon delayed construction.
  8. FCC Proposes $120 Million Fine for Spoofed Robocalls 
  9. Thankfully, Marketing Industry Plan For ‘Ringless Voicemail’ Dies a Quiet Death…For Now
  10. Ringless voicemail spam won’t be exempt from anti-robocall rules: After heavy opposition, robocall company gives up attempt to avoid FCC rules.
  11. Scammer who made 96 million robocalls should pay $120M fine, FCC says: Vacation scam preyed on elderly and disrupted medical paging system, FCC says.
  12. Advertiser Fined By FCC For Use Of Emergency Tones in Football Ads 
  13. Frontier Communications Caught (Again) Ripping Off West Virginia Taxpayers
  14. Comcast accused of cutting competitor’s wires to put it out of business: Comcast “systematically destroyed” an ISP with 229 customers, lawsuit claims.
  15. Comcast and Charter could invest in Sprint’s network, resell Sprint data: Sprint is holding “exclusive talks” with the two biggest US cable companies.
  16. Charter promised more broadband but didn’t deliver, now must pay fine: 21,000 NY customers did not get broadband on schedule, despite merger promise.
  17. Wall Street Is Starting To Get Very Nervous About Cable TV Cord Cutting
  18. Cable Industry Quietly Shelves Its Bogus Plan To Make Cable Boxes Cheaper, More Competitive
  19. Taking the pulse of ESPN
  20. What the failure of Star Touch teaches us about a media bailout

DIGITAL

  1. Pakistan Sentences First Person To Death Over Social Media Posts
  2. China just banned livestreaming because it’s too hard to censor
  3. Google must alter worldwide search results, per orders from Canada’s top court: Vancouver tech company seeks to de-list a website selling alleged counterfeits.
  4. Supreme Court Case Upholds Order Against Google
  5. Supreme Court of Canada states “The Internet has no borders” in upholding global injunction in search results case
  6. Google Inc. v. Equustek Solutions Inc. (SCC)
  7. Section 230 Protects Google’s Decision Not To De-Index Content–Bennett v. Google
  8. Canadian Supreme Court Says It’s Fine To Censor The Global Internet; Authoritarians & Hollywood Cheer…
  9. Ominous: Canadian Court Orders Google To Remove Search Results Globally
  10. Google Suffers Severe Setback from the Supreme Court of Canada (Howard Knopf)
  11. Global Internet Takedown Orders Come to Canada: Supreme Court Upholds International Removal of Google Search Results (Michael Geist)
  12. Without telling media, Arizona judge orders dozens of articles to be deleted: An NFL cheerleader and US Army officer was celebrated—until she was arrested.
  13. Canada’s Supreme Court clears way for Facebook privacy lawsuit
  14. Supreme Court turns down EFF’s “Dancing Baby” fair use case: The law against bogus DMCA takedowns will remain tough to enforce.
  15. Copyright Office Admits That DMCA Is More About Giving Hollywood ‘Control’ Than Stopping Infringement
  16. Supreme Court of Canada finds Facebook’s Forum Selection Clause is Unenforceable; Privacy class action can proceed in Canadian Court
  17. Few “likes” for Facebook Forum Selection Clause: Supreme Court Finds “Strong Cause” to Not Enforce Forum Selection Clause 
  18. Douez v. Facebook, Inc. (Supreme Court of Canada)
  19. Law on Jurisdiction Clauses Changes in Canada
  20. Facebook Must Face the Fact That Its Forum Selection Clause is Unenforceable in Canadian Privacy Class Action
  21. Supreme Court Rules Facebook Can’t Contract Out of B.C. Privacy Law (Michael Geist)
  22. Why clicking ‘I agree’ may no longer mean you agree to everything (Michael Geist)
  23. Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty
  24. Man drives into Ten Commandments monument in Arkansas Capitol, streams it on Facebook: Replicas of the Ten Commandments on public property always spark controversy.
  25. Zillow is threatening to sue a blogger for using its photos for parody: McMansion Hell becomes legal hell
  26. Zillow Sends Totally Ridiculous Legal Threat To McMansion Hell
  27. Zillow Still Doesn’t Get It: Second Letter About McMansion Hell Is Still Just Wrong
  28. “McMansion Hell” used Zillow photos to mock bad design—Zillow may sue: “It is my sincere hope that this issue is resolved as amicably as possible.”
  29. Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff–Konangataa v. ABC (Eric Goldman)
  30. Court Orders Man Who Sued News Orgs For Clipping His Facebook Video To Pay Everyone’s Attorney’s Fees
  31. Cops Sent Warrant To Facebook To Dig Up Dirt On Woman Whose Boyfriend They Had Just Killed
  32. Facebook’s Secret Censorship Rules Protect White Men from Hate Speech But Not Black Children: A trove of internal documents sheds light on the algorithms that Facebook’s censors use to differentiate between hate speech and legitimate political expression.
  33. Facebook’s secret rules mean that it’s OK to be anti-Islam, but not anti-gay: “The policies do not always lead to perfect outcomes,” top Facebook official says.
  34. Judge rips lawyers in IP rift over viral Facebook childbirth video: Judge says media should be paid the “costs of defending this frivolous litigation.”
  35. YouTube, Facebook, Twitter, Microsoft Form New Group to Fight Terrorist Content
  36. Facebook launches UK initiative to counter online extremist material
  37. Macedonian Publishers Are Panicking After Facebook Killed Their US Political Pages: Over 30 Facebook pages being run from Macedonia have been removed by Facebook in the past two months.
  38. Facebook Is Launching A Standalone App Exclusively For Video Creators
  39. Facebook Surpasses Insane Milestone Of 2 Billion Worldwide Users
  40. We desperately need a way to defend against online propaganda: Despite years of fake news online, we still have no idea how to protect against it.
  41. United Airlines wins suit against founder of Untied.com complaint site
  42. Patriots’ owner says NFL’s future is through livestreaming
  43. Fox Sports Pacts With Facebook to Live-Stream European Soccer Champions League Matches
  44. FOX Sports To Stream Champions League Matches On Facebook In U.S
  45. China’s Central Bank Has Begun Cautiously Testing a Digital Currency: The People’s Bank of China has developed a digital currency that’s designed to scale to the number of transactions made every day across the country.
  46. Wikileaks Attempts To Bully Wikileaks Documentary With C&D Notices
  47. Google hit with record EU fine over Shopping service
  48. Google Slapped With $2.7 Billion EU Fine Over Search Results: EU orders Google to treat rival comparison-shopping services equally in its search results
  49. Google fined $2.7B by European Commission for abusing search monopoly: EU also rules that Google must stop demoting competitors in search results.
  50. Google’s Big Eu Fine Isn’t Just About The Money
  51. Three Thoughts On EU’s $2.7 Billion Antitrust Google Fine
  52. Google’s Elite Hacker SWAT Team vs. Everyone: Brash. Controversial. A guard against rising digital threats around the globe. Google’s Project Zero is securing the Internet on its own terms. Is that a problem?
  53. Aspiring YouTuber, 22, Fatally Shot While Filming Ill-Conceived Prank Video
  54. Black Pigeon Speaks: The Anatomy of the Worldview of an Alt-Right YouTuber
  55. Trump Accuses Amazon of Not Paying ‘Internet Taxes,’ Which Aren’t a Thing
  56. No, Donald Trump Isn’t Calling For An Internet Tax
  57. Does the Packingham Ruling Presage Greater Government Control Over Search Results? Or Less? 
  58. As Predicted, Cox’s Latest Appeal Points To SCOTUS’ Refusal To Disconnect Sex Offenders From Social Media
  59. London police arrest four in Windows support scam bust: India-based scam callers pose as ISP employees.
  60. New York Attorney General Unveils Latest Ticket Bot Enforcement Actions against Ticket Vendors and Software Developer 
  61. Instagram Stories Crushes Snapchat, Offers Downloadable Live Streams
  62. Investigation Shows That FTC’s Reminder Letters Are Ineffective at Disclosing Paid Posts on Instagram – Groups to the FTC: Enforcement Action Needed to Change Influencer Behavior on Instagram
  63. Adventure cat goes viral : Cat has nearly 22,000 Instagram followers
  64. Baby Ariel, Joanne The Scammer Named Most Influential On The Internet By ‘Time’
  65. FTC Updates Children’s Online Privacy Protection (COPPA) Compliance Plan to include Connected Toys 
  66. Cracking YouTube In 2017: The New Research That Cracks The Code On YouTube’s Algorithms
  67. YouTube Adds Machine Learning To Comments, Rebuilds Its Desktop Creator Studio
  68. YouTube Claims 1.5 Billion Monthly Users in Latest Ad Sales Pitch
  69. YouTube Announces New VR Video Format, App Revamp At VidCon Keynote
  70. YouTube’s Ad-Supported Originals Are Directly Competing For TV Ad Dollars
  71. YouTube Red Originals Have Received 250 Million Views So Far, And 2017 Will Bring 13 New Releases
  72. YouTube Co-Viewing App ‘Uptime’ Officially Exits Beta
  73. YouTube’s “VR180” format cuts down on VR video’s prohibitive requirements: VR in only 180 degrees is easier to stream and fits traditional video content better.
  74. YouTube Unveils Defiant Hero Video For Fifth Annual LGBTQ Pride Campaign
  75. Game Music Composer Goes On DMCA Blitz Against Innocent YouTubers Over Contract Dispute With Game Publisher
  76. Google Will No Longer Scan Gmail for Ad Targeting
  77. Scroogled no more: Gmail won’t scan e-mails for ads personalization – Google kills Gmail’s most controversial feature.
  78. Google Unveils An AI Investment Fund. It’s Betting On An App Store For Algorithms.
  79. Football’s Next Frontier: The Battle Over Big Data – NFL players have signed a five-year deal with WHOOP, a biometric performance company that measures workout strain, recovery, and quality of sleep via a wearable band. If teams want to see the data, they’re going to have to pay up . . . but they won’t be the only customers
  80. Should robot artists be given copyright protection (Andres Guadamuz)
  81. Has human communication become botifed?
  82. IBM To Provide Wimbledon Highlights Using Artificial Intelligence
  83. AI and the Law: Setting the Stage (Urs Gasser)
  84. Artificial Intelligence for good
  85. Reddit Hails Advertisers With Announcement Of Video Ads
  86. Disney Is Reviving ‘Mickey Mouse Club’ With New Class Of Influencer Mouseketeers
  87. Vimeo Decides To End Plans For SVOD Service
  88. Vimeo Kills Plans For Subscription-Video Service
  89. BlackBerry’s no-phone business model isn’t working out as planned: Stock falls 13 percent in one day after bad sales numbers.
  90. Amazon’s latest Prime Exclusive Phones range from $79 to $199: In exchange for lockscreen ads, Amazon is offering up to an $80 discount on some phones.
  91. Sean Parker Leaves Spotify Board as Company Brings in Heavy Hitters
  92. Inside Spotify’s Financials: Is There a Path to Profitability Or an IPO?
  93. Over 1000 Uber Employees Have ‘Demanded’ Travis Kalanick’s Return In Letter To Board
  94. Waymo tells judge: Uber’s ex-CEO knew about Google files – Levandowski had “five discs in his possession containing Google information.”
  95. Fake online stores reveal gamblers’ shadow banking system
  96. Judges refuse to order fix for court software that put people in jail by mistake – Defender: Switch to Odyssey Court Manager remains at the heart of the problem.
  97. The tragedy of FireWire: Collaborative tech torpedoed by corporations: “Show us that it’s being adopted in the industry, and we’ll put it in.”
  98. Social media has changed TV, for better and worse
  99. The Industry of Virality (or what a raccoon video can teach us about the Internet)
  100. The Pirate Bay – A Communication to the Public
  101. How 7 words unfit for TV fostered an open Internet 20 years ago today: “When we decided to bring the case, none of us had been online.”
  102. How The ACLU’s Fight To Protect ‘Indecent’ Speech Saved The Internet From Being Treated Like Broadcast TV
  103. Inside Apple’s 6-Month Race To Make The First iPhone A Reality
  104. The iPhone’s Turning 10. What Will It Look Like At 20?
  105. A touch of Cocoa: Inside the original iPhone SDK – Back in 2008, Ars took its first look at what Apple provided for iPhone developers.
  106. Back to the iPhone future: Lessons from a decade of Apple influence in medicine: iPhones spurred big changes in learning and practicing medicine—and there may be more
  107. Brain Drain: The Mere Presence of One’s Own Smartphone Reduces Available Cognitive Capacity
  108. Samsung’s fiery Galaxy Note 7 to rise from the ashes as the “Fandom Edition”: The Note 7 FE hits South Korea (and some other countries) on July 7.

CREATIVITY

  1.  U.S. Lobby Groups Take Aim At Canadian Copyright Law in NAFTA Comments: No Balance, No Fair Use, & No Cultural Exception (Michael Geist)
  2. Re:Sound Resoundingly Loses Judicial Review of Copyright Board Tariff 8 Decision (Howard Knopf)
  3. A Copyright Board for Canada at 150: A well funded Copyright Board with a clear mandate and a regulated process for public input should be central to Canada’s copyright regime.
  4. The great intellectual property trade-off: BBC World Service, 50 Things That Made the Modern Economy
  5. Copyright protection for factual compilations in Singapore: creativity alone is not enough 
  6. Jordan-Benel v. Universal City Studios, Inc.
  7. “Turn Down For What?” How About For Copyright Law!?
  8. Bob Murray’s Lawsuit Against John Oliver Is Even Sillier Than We Expected
  9. Coal Boss Files Total SLAPP Suit Against John Oliver & HBO
  10. Anti-SLAPP law to be tested at Ontario Court of Appeal
  11. A Time magazine with Trump on the cover hangs in his golf clubs. It’s fake.
  12. Why Racially Offensive Trademarks Are Now Legally Protected
  13. Examination Guide 1-17: Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with Section 2(a)’s Scandalousness Provision While Constitutionality Remains in Question (Issued June 26, 2017)
  14. King Has ‘Crush’ Trademark Opposed By Dr. Pepper
  15. Forever 21 Slaps Gucci with Strongly-Worded Trademark Lawsuit
  16. AG Szpunar advises CJEU to rule that a red sole may not be just a colour
  17. Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV
  18. Justin Bieber tweets and an international arbitrator listens: court refers defamation claim to arbitration
  19. How Major Lazer Bet on Diversity (and Data) to Make Global Hits: ‘The Audience Controls Music Now’
  20. Don’t use that tone(r) with me: How first sale can exhaust IP rights
  21. Art Fight! The Pinkest Pink Versus The Blackest Black
  22. Antony Gormley asks for ‘vandalised’ beach sculptures to be cleaned: Sculptor’s life-sized iron men in Crosby have been brightly decorated with a polka-dot bikini and other embellishments
  23. Ninth Circuit Upholds Law Against Misleading Anti-Abortion Ads
  24. How ‘The Bachelor’ Franchise Is Exploiting Race For Ratings
  25. The National Enquirer’s Fervor for Trump: The tabloid is defined by its predatory spirit. Why has it embraced the President with such sycophantic zeal?
  26. Goodbye Nonpartisan Journalism. And Good Riddance.
  27. How Countries Around the World Fund Music—and Why It Matters: As President Trump eyes abolishing federal arts funding in the U.S., a survey of tax-supported music from Australia to Iceland reveals a complex, shifting landscape.
  28. Anita Sarkeesian’s astounding ‘garbage human’ moment: Feminist speaker hits back at trolls and haters
  29. The Rise of the Thought Leader: How the superrich have funded a new class of intellectual.
  30. Is the staggeringly profitable business of scientific publishing bad for science?: It is an industry like no other, with profit margins to rival Google – and it was created by one of Britain’s most notorious tycoons – Robert Maxwell.
  31. The Political Economy of Celebrity Rights (Mark Bartholomew)

SURVEILLANCE & PRIVACY

  1. Election Hackers Altered Voter Rolls, Stole Private Data, Officials Say
  2. Matthew Keys’ guilty verdict and sentence to stand, 9th Circuit rules: “Keys made the CMS far weaker by taking and creating new user accounts.”
  3. A report card on the national security bill: Two of Canada’s foremost experts in national security law give their assessment of Bill C-59: there’s much to like, but also room for improvement. (Craig Forcese & Kent Roach)
  4. Liberals shockingly timid on access-to-information reform
  5. Trudeau government shelves part of anti-spam law that would allow private lawsuits: Provisions to allow Canadians to sue spammers had been due to take effect July 1
  6. The battle over encryption and what it means for our privacy
  7. Tuesday’s massive ransomware outbreak was, in fact, something much worse: Payload delivered in mass attack destroys data, with no hope of recovery.
  8. A new ransomware outbreak similar to WCry is shutting down computers worldwide: Like earlier ransomware worm, new attacks use potent exploit stolen from the NSA.
  9. ‘Petya’ ransomware attack: what is it and how can it be stopped?: Companies have been crippled by global cyberattack, the second major ransomware crime in two months. We answer the key questions
  10. Ohio Gov. Kasich’s website, dozens of others defaced using year-old exploit: “High risk” exploit patch was issued in May of 2016.
  11. Does US have right to data on overseas servers? We’re about to find out: Supreme Court case has ramifications for tech sector, foreign relations, and privacy.
  12. This Windows Defender bug was so gaping its PoC exploit had to be encrypted
  13. Skylake, Kaby Lake chips have a crash bug with hyperthreading enabled: A fix is available for Linux systems; Windows users will have to use firmware updates.
  14. To Avoid Being Cut Out Of The Market, US Tech Companies Are Allowing Russian Vetting Of Source Code
  15. Australia To Push For Encryption Backdoors At Next ‘Five Eyes’ Meeting
  16. Australia advocates weakening strong crypto at upcoming “Five Eyes” meeting: Oz AG to discuss “ongoing challenges posed by terrorists and criminals using encryption.”
  17. UK Law Enforcement Telling Citizens To ‘See Something Say Something’ About Dark Web Use
  18. How the CIA infects air-gapped networks: Sprawling “Brutal Kangaroo“ spreads malware using booby-trapped USB drives.
  19. Some beers, anger at former employer, and root access add up to a year in prison: Ex-tech pleads guilty to smart meter network attack; changed a password.”
  20. NFL Uses Eye-Tracking Technology To Study How Fans Watch Games
  21. Meet the Princeton-Trained Computer Scientists Building a New Internet That Brings Privacy and Property Rights to Cyberspace (New at Reason)
  22. Settlement of Walmart Canada Photo Centre Data Breach Lawsuits – Lessons Learned
  23. Facial Recognition Software Brings Personalized Ads To The Supermarket
  24. Medical records join revenge porn, credit card numbers for Google removal: It’s an elective removal, though. Google will only do it if you ask.
  25. 15 years after ‘Minority Report’: A cautionary film, ignored.

Jon

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