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The Madness of the ITC, Part 1: The Invisalign Case
December 01, 2014
The United States International Trade Commission in May issued its final ruling in what has come to be known colloquially as "the Invisalign case." It held that under Section 337 of the Tariff Act of 1930, the digital files could be considered an article. That sparked a discussion in the legal community, an appeal against the ruling, and amicus curiae filings in support of that appeal.
US Marshals Have Their Own Cellphone Data Slurpfest
November 18, 2014
The United States Marshals Service reportedly is grabbing data from thousands, if not millions, of Americans' cellphones using high-tech devices deployed on five Cessnas. The aircraft operate out of at least five metro-area airports and apparently can cover most of the U.S. population. They are equipped with DRT boxes, popularly known as "dirtboxes," made by a subsidiary of Boeing.
LinkedIn Faces More Litigation for Doing What its Contracts Say It Will Do
November 17, 2014
LinkedIn has been a wildly successful social media business site for many years. It provides a free platform for millions of members to share professional experiences and for businesses to promote themselves. However, LinkedIn's financial success also makes it a target for lawsuits -- even suits that don't seem to make much sense. LinkedIn members voluntarily post their employment history.
FCC Chair Asserts Independence in Net Neutrality Fracas
November 13, 2014
FCC Chairman Tom Wheeler has responded to the White House's proposal for Net neutrality rules by reasserting his agency's independence in a meeting with executives of Google, Yahoo and other Internet companies following President Obama's Monday call to action. The president urged the FCC to ensure Net neutrality by interpreting Title II of the Telecommunications Act to govern ISPs.
Bankrupt Sapphire Supplier Blasts Apple in Court Document
November 12, 2014
GT Advanced Technologies, in a document made public last Friday, alleged that it "incurred losses ... due to Apple's inordinate control over GTAT's liquidity, operations ..., and decision making." The U.S. Bankruptcy Court of New Hampshire unsealed the document, in which GTAT CEO Daniel W. Squiller accuses Apple of using a "bait and switch" strategy in its dealings with the company.
Obama Bangs Drum for Net Neutrality
November 10, 2014
President Obama on Monday leaped into the controversy surrounding Net neutrality, calling on the U.S. Federal Communications Commission to ensure and protect it. "I believe the FCC should create a new set of rules protecting Net neutrality and ensuring that neither the cable company nor the phone company will be able to act as a gatekeeper, restricting what you can do or see online," he said.
Inspectors Find Big Gaps in Federal Cloud Contract Compliance
October 31, 2014
U.S. government agencies may be warming to the cloud, with ambitions to significantly boost investment in the technology. However, many millions of dollars in federal cloud projects could be at risk both currently and in the future, as a result of flawed contract procedures. Many agencies have had difficulty in meeting federal requirements and guidance covering cloud contracts with IT vendors.
Snail Mail Surveillance: Rules Are Weak - and Routinely Broken
October 30, 2014
The U.S. Postal Service didn't adequately follow its own rules last year, when it secretly recorded and shared information about some 49,000 pieces of mail to further criminal and national security investigations, according to an audit report from the Office of Inspector General. Information recorded under the service's longstanding mail cover program is limited to what's written on the exterior.
AT&T: We Told Our Customers 'Unlimited' Doesn't Mean 'Unlimited'
October 29, 2014
The Federal Trade Commission on Tuesday filed a complaint in a California federal court against AT&T, seeking compensation for customers who were told they had unlimited data plans but in reality did not. The legal action stemmed from a practice AT&T began in 2011 of throttling data delivery to customers with unlimited data plans when their data usage reached a specified amount during a billing period.
Battered Aereo Takes a Couple More Blows
October 28, 2014
U.S. District Judge Alison Nathan last week granted broadcasters' request for a temporary restraining order against Aereo. This is the latest setback for the would-be cable-killer service, which was suspended following a Supreme Court ruling this summer. Aereo had utilized small dime-sized antennas to capture over-the-air TV signals and stream the content to subscribers over the Internet.
BBC to Preserve Memory of Its 'Forgotten' Articles
October 17, 2014
The BBC will publish and continually update a list of its published articles that were removed from Google searches under Europe's "right to be forgotten" rule. David Jordan, director of editorial policy and standards for the BBC, announced the move. The decision is a reaction to the EC ruling that search engines must remove "inadequate, irrelevant or no longer relevant" links upon request.
Wireless Carriers Could Take a Shine to Ad-Blocking
October 14, 2014
Shine Technologies may well upend the Net neutrality issue with the launch of AdSight, an ad-tracking product in development. AdSight reportedly will allow carriers to monitor the ads being delivered over their pipes. The data provided will be very granular, including who the ads are from and the level of individual ad impressions. The technology also will be able to block ads selectively.
The Double Irish Jig Is Up
October 14, 2014
Apple and other multinational companies that have been exploiting the notorious Double Irish tax loophole for years will have to look elsewhere for a comparable tax dodge. The Irish government's budget, presented on Tuesday by Finance Minister Michael Noonan, closes the loophole. The country's residency rules have been amended to require that all companies registered in Ireland be tax residents.
Snapchat Hackers Could Be Prosecuted for Child Porn Offenses
October 13, 2014
Private videos and pictures shared between tens of thousands of Snapchat users -- possibly as many as 200,000 -- were posted online by hackers over the weekend in an episode dubbed the "Snappening." Much of the content is sexual, including many nude photos -- some possibly of minors. The hackers appear to have gone for maximum embarrassment and humiliation with this particular breach.
One Way Around the Mobile Net Neutrality Conundrum
October 09, 2014
Verizon Wireless may be bitterly regretting the challenge Verizon made to the FCC's Net neutrality rules. There's little doubt competing wireless providers are. Verizon in 2010 sued the FCC over its mandate that ISPs treat all Internet data the same. The D.C. Circuit Court of Appeals this year agreed with Verizon and struck down the rules. Now the FCC is putting it all back on the table.
AT&T Will Fork Over $80M for Mobile Cramming
October 09, 2014
AT&T Mobility will pay $80 million for refunds to consumers who were unlawfully billed for unauthorized third-party charges in a practice known as "mobile cramming," the Federal Trade Commission announced on Wednesday. AT&T billed customers for hundreds of millions of dollars in subscription charges -- typically in increments of $9.99 per month -- levied by other companies.
DEA Lifts Woman's Identity, Creates Fake Facebook Page
October 08, 2014
The U.S. Drug Enforcement Agency reportedly co-opted a woman's identity to create a fake Facebook page as a ruse to investigate suspects. The agency posted racy pictures of the woman, then known as "Sondra Prince," as well as a photo of her young son and niece, to the sham page. The photos were taken from her cellphone, which DEA had seized when Prince was arrested in connection with a drug ring.
GT Files for Chap 11 After Apple's Sapphire Interest Wanes
October 07, 2014
GT Advanced Technologies and seven of its direct and indirect subsidiaries on Monday announced they had filed for Chapter 11 bankruptcy. GT, which makes sapphire components used in the iPhone, iPad and iPod touch, expects the U.S. Bankruptcy Court for the District of New Hampshire to authorize the company to conduct business as usual while it attempts to resolve its current financial issues.
EFF Raises Alarm Over ComputerCOP's Spying Ways
October 02, 2014
ComputerCOP software, a parental monitoring application that long has been recommended and distributed by law enforcement agencies, is little more than spyware with significant potential for abuse, the EFF reported Wednesday. The software includes a keylogger that could expose a family's personal information by transmitting what's typed to third-party servers without encryption, the EFF said.
Attorney Slams Google for Making Money Off Nude Celeb Pics
October 02, 2014
Google may be on the receiving end of a $100 million lawsuit from attorneys representing some of the celebrities whose nude photos were hacked from their iCloud accounts and subsequently posted online. Entertainment lawyer Martin Singer has sent a letter to Google's top executives and its legal staff, accusing the company of ignoring a take-down request sent to it four weeks ago.
BYOD Privacy: Do Employees Have Rights?
October 02, 2014
Using personal devices to conduct business has become commonplace, whether employers require it or employees voluntary do so. The use of personal devices creates a privacy challenge. Employers want access to the devices, and employees want to protect their personal data contained on them. The term "devices" itself is deceiving. Many consider employee-owned devices to be smartphones and tablets.
FBI Director Comey Gives Apple and Google a Tongue-Lashing
September 26, 2014
FBI Director James Comey on Thursday strongly criticized Apple and Google for hardening information stored in smartphones by encrypting data, making it inaccessible to law enforcement even with a court order. The FBI has had conversations with both Apple and Google over the encryption features, Comey said, although he personally was not involved in those talks.
The Sky Is Droning
September 26, 2014
The FAA on Thursday gave the green light for six aerial photo and video production companies to begin using unmanned aircraft systems, also known as "drones." To incorporate the devices in film and TV production, the companies will be required to hold private pilot certificates, keep their drones within line of sight at all times, and restrict flights to a so-called sterile area.
Google Brings Hamster-Eating Into Sticks-and-Stones Brawl With News Corp.
September 19, 2014
News Corp. and Google have lashed out at each other as the EU reconsiders the terms of its proposed antitrust settlement with the latter. News Corp. essentially accused Google of nefarious behavior in a letter to the European Competition Commissioner over the EU's proposed antitrust settlement with Google. Perhaps the irony of the situation hit Google hard.

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