Category: Law
-
UK: AI Reproduction of Copyright Works Are Infringment*
In a landmark decision, the UK government has ruled that AI-generated reproductions of copyrighted works will be considered copyright infringement unless they are explicitly licensed or fall under an exemption. This decision, which was announced after a lengthy consultation process, has significant implications for the creative industries, where AI is…
-
Bill Defends Reporters’ Communication Records Against Government Seizure
U.S. Senator Ron Wyden (D-OR) released new legislation to protect reporters and journalists against unnecessary government surveillance that can chill First Amendment activities. SUMMARY OF BILL TEXT OF BILL Wyden proposed these new legal restrictions on government surveillance of reporters following recent revelations about the Trump administration’s abusive, politicized surveillance…
-
DOJ v Google: Don’t Expect Action for Years
It’s going to be a very long time before the government gets a day in court against the big tech firms, at least if you look at the Department of Justice complaint against Google as an indication. The tentative trial date for court action is September of 2023. “If anybody…
-
House Reports Claims Anticompetitive Behavior by Apple, Amazon, Google, and Facebook
“Our investigation leaves no doubt that there is a clear and compelling need for Congress and the antitrust enforcement agencies to take action that restores competition, improves innovation, and safeguards our democracy.” Rep. David Cicilline After reviewing more than 1.3 million internal documents and interviewing more than 240 people and…
-
Anti-Trust Hearings Against Facebook, Apple, Amazon, and Google: What’s at Stake
Nearly half of Americans now believe major tech companies should face more regulation. That was one key finding in a new survey by the Pew Research Center. The survey was released as a House Judiciary Committee is looking into tech companies. Specifically, they are examining anti-trust concerns. Google, Facebook, Amazon,…
-
California Consumer Privacy Act (CCPA): First Warning Letters Are Being Sent
The California Consumer Privacy Act (CCPA) went into effect on January 1st, but enforcement efforts were put on hold until July 1, 2020. Now that the deadline has passed, CA AG Xavier Becerra has issued warning letters to companies over alleged violations as reported by MediaPost. It’s the toughest law…
-
Using Facebook’s Like Button on Your Website May Violate EU Laws
This could change a lot of things. If your website has Facebook’s like button on it for content or comments, you could be liable under the European Union’s privacy rules regardless of where you do business. The EU Court of Justice handed down the ruling this week in a case…
-
Facing a $5 Billion Fine, Facebook Adds $10 Billion in Market Value
“Facebook’s infringements of the 2011 consent decree and its pattern of violating user trusts have been both vast and brazen.” – Letter to FTC from Sen. Ed Markey (D-Massachusetts), Sen. Richard Blumenthal (D-Connecticut), Sen. Josh Hawley (R-Missouri) The Senators are reacting to word that’s leaked out that Facebook will by…
-
GDPR vs CCPA: How Privacy Regulations Affect Businesses
New privacy laws on the world stage are impacting businesses that have any online presence and capture personally-identifiable data. GDPR The EU’s General Data Protection Regulation (GDPR) has already had a significant effect on companies doing business in the EU or doing business with EU residents. It’s affected most U.S.…
-
New EU Copyright Rules Could Be a Major Disruptor for Google, YouTube, et al
New copyright rules have been voted in by the European Parliament that could be a major disruptor for Google, YouTube, and other digital platforms. Musicians and content creators have pushed for the legislation. Others argue that it destroys user-generated content. Here are the two clauses that are generating the attention:…
-
Can public officials block citizens on social media? Nope.
The law is playing catch-up with many facets of digital technology and social media. The latest battle has been over whether government officials can block people on Facebook. The 4th US Circuit Court of Appeal has upheld a lower court ruling that said it was unconstitutional for publicly elected officials…
-
French regulators hit Google with $57 million fine for violations of GDPR
Google has been hit with a $57 million fine for violations of the EU’s GDRP privacy regulations. CNIL (French data protection regulators) concluded that Google had failed to comply with the law. Lack of Transparency When setting up Android phones, the regulators said Google did not disclose “essential information” to…
-
Does Facebook Facial Recognition Violate the Law? Class Action Suit Moves Forward
The case against Facebook for use of biometric data is moving forward. An Illinois judge dismissed Facebook’s plea to toss it. The class action suit –ispotentially worth billions if successful. Illinois law can tag each violation with fines up to $5,000. Illinois has a law called the Biometric Information Privacy…
-
Own a Vizio TV? You might be entitled to a 62 cent settlement
Vizio has agreed to pay some $17 million in an effort to settle a class action suit over privacy laws, according to the terms filed in court. The case revolved around consumer complaints that Vizio was tracking TV viewers by default, without getting consumer permission, and sharing data with third-parties. …
-
IAB Letter to Congress Supports Internet Privacy Regulation
Industries never really like it when the government gets into their business and regulates what they can and cannot do. So when the IAB (Interactive Advertising Bureau) changes course to recommend lawmakers create legislation to regulate internet privacy, it’s a big step. The IAB has argued on behalf of the…
-
California passes new privacy law with greater consumer controls
It’s not perfect, but the new privacy laws passed by California that go into effect 1/1/20 will help give some consumers more control over their online data and what happens to it. The big deal is you can opt out of having your info sold. The law applies to businesses…
-
Sunshine Law request results in $82,000 bill for public records search
Group seeks information on how dogs are being used in research by Universities The Beagle Freedom Project is an animal rights activist group that’s filed a lawsuit against the University of Missouri. The suit has to do with its claim that the University is violating the state’s Sunshine Laws. The group’s been…
-
California just passed one of the toughest data privacy laws in the country
The California Consumer Privacy Act of 2018 is set to dramatically change how businesses handle data in the most populous state. Companies that store personal information — from major players like Google and Facebook, down to small businesses — will be required to disclose the types of data they collect,…
-
Net neutrality is dead – Here’s why FCC Chairman Ajit Pai thinks that’s a good thing
The FCC (Federal Communications Commision) repeal is now in effect. Under FCC Chairman Ajit Pai, the agency tossed out rules set in place by the previous administration that stopped ISPs (Internet Service Providers) from blocking traffic, or throttling back on traffic on the internet. Opponents have been concerned this will…
-
Publishers could be required to get permission and pay to link to copyright material
Now that GDPR is the law in the European Union, lawmakers have their sights on copyright reform, which could have significant impact on the way websites work. They want to bring digital copyright laws across Europe into a unified code. According to the proposed legislation, it “provides for measures aiming at…
-
Facebook, Google hit with multi-billion dollars lawsuits on first day of GDPR privacy and consent rules
On day one of the new GDPR privacy and consent rules in the European Union, Google (and its Android operating system) and Facebook (including WhatsApp and Instagram) were served with lawsuits that allege the companies “coerce users” into sharing personal data in violation of the law. The lawsuits are asking…
-
Lots of U.S. companies are not ready for new data protection policies
Something big happens this week. The GDPR (General Data Protection Regulation) goes into effect in Europe. It provides strict regulations on privacy and how online companies can use consumer data. It can also enforce significant fines – up to 4% of gross revenues or $20 million. Even though it’s not…
-
Facebook Admits It Can Track Users Online Even If They Aren’t Logged In
Yup, Facebook can track where you do on-line even if you aren’t logged in to the Facebook app. “When you visit a site or app that uses our services, we receive information even if you’re logged out or don’t have a Facebook.” – David Baser, Product Management Director, Facebook, via…
-
When public officials use social media to do business, do they have the right to block constituents?
Here’s an interesting debate: If you’re a public official, should you have the right to block people from your social media page? A number of public officials are being sued, including Governor’s in Maryland, Kentucky, and Maine, by state ACLU chapters. Now, the ACLU is taking on a case against Arizona Rep. Paul Gosar.…
-
Failing to Take down Hate Speech Could Cost Social Media Companies $57 Million Fines
Germany is serious about cracking down on hate speech. Social media companies that don’t take down objectionable content within 24 hours of notification are facing massive fines. If posts are “obviously illegal” under German laws, companies like Facebook, Twitter, and YouTube (Google) can face fines up to $57 million dollars…
-
Online Ad Campaign Bill would require more disclosures for digital ads
It’s been a long time coming. Television and radio stations have had to live up to often onerous regulations on political advertising. From requiring identification on funding, how large and prominent certain disclosures are, and maintaining online political files showing who bought what, where it ran, and how much they…
-
If you share it on networking websites, does it become public or can access be limited?
It’s a battle over privacy rights that has constitutional law implications. At the heart of it if a simple question with an incredibly complex answer: If you share it on social networking websites, does it become public or can access by limited? Right now, the case features two companies going…
-
Can public officials block citizens on social media or is it a violation of their constitutional rights?
Here’s an interesting debate: If you’re a public official, should you have the right to block people from your social media page? A number of public officials are being sued, including Governor’s in Maryland, Kentucky, and Maine, by state ACLU chapters. Kentucky Governor Sued In Kentucky, the ACLU there filed suit…
-
Canada’s Supreme Court rules Google must block some search content worldwide
Can one country really tell Google what it can and can’t show in its search results for the rest of the world? Read on. Canada’s Supreme Court made a startling ruling that has broad-reaching impact around the world. In a 7-2 ruling, the court decided to grant an injunction preventing…
-
Should Google & Facebook be regulated, pay license fees for news content?
The British government has officially opened an inquiry into “fake news.” Damian Collins MP, Chair of the Committee investigating, summed it up: “The growing phenomenon of fake news is a threat to democracy and undermines confidence in the media in general.” Now British publishers have responded. The newspaper group News Media…
-
Four times people were threatened or sued for leaving bad reviews on Yelp… and won
Put a bad review on line and you risk not just making the business mad, but maybe lawsuits and fines. You may not even know you’re doing something that could get you in trouble, but buried in the TOS (term of service agreements) you never read, or buried in some…
-
Should internet providers be held liable when its users illegally download content?
“In this copyright action, the putative owners of more than 1,400 musical composition copyrights seek to hold Cox Communications, Inc. and Cox Com, LLC (collectively, “Cox”) contributorily and vicariously liable for alleged copyright infringement taking place over its high-speed internet service.” With those words, the court’s opinion in the case…
-
Sunshine Law request results in $82,000 bill for public records search
Group seeks information on how dogs are being used in research by Universities The Beagle Freedom Project is an animal rights activist group that’s filed a lawsuit against the University of Missouri. The suit has to do with its claim that the University is violating the state’s Sunshine Laws. The group’s been…
-
Facebook sued for $1 Billion, lawsuit claims they support terrorism
The families of five American victims in terrorist attacks in Israel have filed suit against Facebook. The lawsuit, reported first by Bloomberg, claims the company should be held liable for providing a platform for Hamas. Hamas is recognized as a terrorist organization by the United States, Israel, and the European…
-
If a town has social media pages, does it have the right to remove comments that are critical?
We may soon find out. The ACLU of Indiana is suing Beech Grove (an Indianapolis suburb) on behalf of two people who say the city deleted their critical comments on the PD’s FB page. The lawsuit says it violating the two women’s First Amendment rights.
-
Journalists get some help in battle over public records
It’s nice to see both parties working together on something, but it does happen. Both the House and Senate passed the FOIA Improvement Act and President Obama signed it into law. Now we’ll see if it makes any difference. The bill is designed to “boost government responsiveness” to Freedom of…
-
Newspaper publisher, lawyer charged with felonies after filing Open Records request
“We are shocked that any journalist would be jailed for simply asking a question,” the Society of Professional Journalists said in a statement in Atlanta Journal-Constitution So are journalists across the country. Not only have the publisher and lawyer been charged with felonies (felonies!), but they had to post $10,000…
-
The moral dilemma of driver-less cars: save 10 pedestrians or save yourself?
You’re riding along in your driver-less car enjoying the day when suddenly a group of pedestrians blocks your path. It’s too late to slow down and your car has to make a choice: plow into a group of pedestrians and cause multiple deaths or veer into a concrete divider and…
-
Standing up for the First Amendment in the Digital Age
Make no mistake. The First Amendment has been under attack for some time now. The problem is the will to fight seems to be waning as news organizations too often don’t have the resources, or money, to fight the battles. Add to that a new generation of digital journalists and…
Paul Dughi.com 