Proposed Bill Gives Consumers Access to Personal Data Info

California Assemblymember Bonnie Lowenthal (D-Long Beach) has introduced AB 1291, an update to California law that intends to broaden the definition of personal data and make information more accessible to consumers. The “Right to Know Act” would force businesses to inform customers what data is being used and where it is being shared on the Web. The bill comes after increased lobbying efforts from privacy groups. Continue reading Proposed Bill Gives Consumers Access to Personal Data Info

Changes Necessary for the Computer Fraud and Abuse Act?

The latest draft of proposed changes to the Computer Fraud and Abuse Act could technically make it so anyone under age 18 caught browsing the news online could face jail time. According to the changes, any violation of a site’s Terms of Service would be considered a criminal act, thus any person under an age restriction would be committing a crime. These changes are on a fast track to Congress, to appear in time for its “cyber week” in mid April. Continue reading Changes Necessary for the Computer Fraud and Abuse Act?

ReDigi: Judge Rules Reselling of Digital Goods not Legal

ReDigi, the online platform that allows consumers to buy and sell used MP3 files that were initially purchased legally through retailers such as iTunes, has been deemed unlawful by U.S. District Judge Richard Sullivan. The case considered the first sale copyright doctrine, which gives people in possession of copyrighted materials the right to resell them. But the judge ruled that this first sale theory does not apply to the reselling of digital goods. Continue reading ReDigi: Judge Rules Reselling of Digital Goods not Legal

Aereo Wins Again: Federal Appeals Court Upholds Ruling

Aereo, the Internet service startup backed by Barry Diller that streams TV stations without compensation, has won another battle with broadcasters. The U.S. Court of Appeals for the Second Circuit in New York yesterday upheld a ruling in favor of Aereo, which could set the stage for a full-blown trial. Broadcasters sued the startup last year claiming the service violates copyright law, but a district court judge denied the request for a preliminary injunction. Monday’s 2-1 decision affirms the lower court ruling. Continue reading Aereo Wins Again: Federal Appeals Court Upholds Ruling

Court Copyright Ruling Continues in First Sale Tradition

The Sony Betamax videocassette recorder allowed consumers to record TV shows and view later, marking the first time content creators were significantly concerned about the pirating and/or redistribution of television. It was a major concern of Hollywood, since it posed a serious threat to revenue. After a 5-4 Supreme Court decision, the technology was allowed to survive, launching a series of decisions that still affect the market today. Continue reading Court Copyright Ruling Continues in First Sale Tradition

Fair Use Case: Court Rules in Favor of Associated Press

A federal court in New York has sided with the Associated Press and The New York Times in a case involving a company that “scraped” news content from the Internet without paying for it. This case was closely watched because of its possible implications for what counts as “fair use” under copyright law in the online media world and how it may impact the future of content producers and free speech. Continue reading Fair Use Case: Court Rules in Favor of Associated Press

FCC Chairman Genachowski Announces His Resignation

Julius Genachowski, a Democrat who has served as chairman of the U.S. Federal Communications Commission since 2009, announced he will resign his post in the coming weeks. His departure will open a second vacancy on the five-member agency, and he avoids leaving behind a 2-2 partisan tie, since Republican Robert McDowell also announced that he is set to resign in the coming weeks. Continue reading FCC Chairman Genachowski Announces His Resignation

Supreme Court Rules it is Legal to Sell Imported Textbooks

The Supreme Court issued a pair of decisions last week that could have a significant impact on digital publishing and copyrighted products. The first ruling makes it potentially easier to import and sell textbooks from abroad, following a lawsuit involving a college student who was importing cheaper textbooks and selling them for a profit. The second decision makes it more difficult for plaintiffs in class-action suits to stay out of federal court. Continue reading Supreme Court Rules it is Legal to Sell Imported Textbooks

Will Cablevision Suit Against Viacom Impact TV Bundling?

Cablevision Systems sued Viacom this week, alleging antitrust violations and representing simmering tensions within the television industry about how TV channels are packaged and priced. The pay TV distributor alleges that Viacom forced it to carry and pay for more than a dozen less popular channels for the right to carry its more popular networks including Nickelodeon, MTV and Comedy Central. Continue reading Will Cablevision Suit Against Viacom Impact TV Bundling?

Do Employees Have the Right to Discuss Work on Social Media?

Employees sometimes take to Facebook and Twitter to discuss work-related matters — and employers usually don’t like that. But according to federal regulators, employers don’t have a say in the matter. In fact, regulators are passing down orders indicating employers have to scale back on policies that limit what their workers can say online. Continue reading Do Employees Have the Right to Discuss Work on Social Media?

Study Shines Light On How Americans Feel About File Sharing

Americans oppose the use of disconnection and rate-limiting as penalties for illegal file sharing, according to a new survey from Columbia University research center, the American Assembly. With the support of Google, researchers Joe Karaganis and Lennart Renkema commissioned a public opinion survey about copyright enforcement attitudes and how consumers obtain media. The results may surprise you. Continue reading Study Shines Light On How Americans Feel About File Sharing

Year in Review: Top Tech Policy Stories of 2012

From Kim Dotcom and the rise of patent troll lawsuits to Apple v. Samsung and the public outcry against SOPA/PIPA, 2012 was a dramatic year in terms of copyright law, tech-related legislation and Internet policy. Response to the SOPA/PIPA bills in January helped set the tone as the debate in Washington raged, and consumers and companies took to the Internet in protest. At one point, politicians were flooded with a record eight million e-mails from regular Internet users in just a few days. So what were the top tech policy stories for 2012 — and how will they impact us moving forward? Continue reading Year in Review: Top Tech Policy Stories of 2012

Is Carrier IQ, Samsung and HTC Violating the Federal Wiretap Act?

  • After an Android security researcher discovered that CarrierIQ was capable of collecting personal information from SMS, emails, photos, keystrokes and URLs, the company has been the target of severe criticism.
  • Now, CarrierIQ faces a class action lawsuit — as do Samsung and HTC — for violating the Federal Wiretap Act.
  • Plaintiffs are demanding millions of dollars in penalties paid to users with the logging software on their devices.
  • The company vehemently denies the charges, restating that the software is used solely to help wireless operators provide optimal service by logging information concerning dropped calls and failed messages.
  • TechCrunch notes that no carriers face charges as of yet, but are likely to in the near future.

Editorials Respond to Proposed Legislation Regarding Online Piracy

  • According to an editorial in The New York Times, the House’s proposed Stop Online Piracy Act is too broad as it has provisions to cut off payments from providers such as Visa and ad networks like Google simply by filing a notice of infringement.
  • While the legislation is aimed at foreign websites like Pirate Bay, it could also be used against domestic websites covered by the Digital Milennium Copyright Act that has safe harbor provisions.
  • The editorial asserts that safe harbor provisions should be made available to foreign websites that abide by the DMCA. And a court order should be required before action is taken.
  • A related Los Angeles Times editorial suggests that the Stop Online Piracy Act and the PROTECT IP Act both go to extremes in an effort to protect intellectual property.
  • The legislation could force companies to monitor their users’ behavior “turning them into a private security force for copyright and trademark owners.”
  • Infringement on popular sites like Facebook, Dropbox and YouTube are certainly opening them up to action in spite of safe harbor provisions now in force. The result would be less innovation to create the next YouTube and would have a potentially chilling effect on free speech.

Surveillance Catalog: Government Uses New Monitoring Techniques

  • Take a look at the toolkit for governments to legally monitor what people are doing on the Web. It’s an impressive catalog that includes hacking, intercept, data analysis, Web scraping and anonymity products. It makes one aware that nothing is safe from surveillance.
  • Hacking tools use techniques commonly used in malware.
  • Intercept tools can filter all traffic from the Internet backbone and determine which to forward to law enforcement.
  • Data analysis sorts, stores and analyzes information from a variety of sources including wired and wireless networks, surveillance, domestic and foreign agencies, tactical operations, etc. to build a complete profile of suspects or identify patterns across data sets.
  • Web scraping gathers and analyzes data from publicly available sources.
  • Anonymity hides the identity of investigators.
  • If governments are already using these tools, how long will it be before anyone can obtain them? WIll this imperil the confidence people have online?