Washington and Silicon Valley are poised to clash again in the ongoing debate over encryption technology in relation to data privacy, law enforcement and national security. Senate Intelligence Committee chair Richard Burr (Republican, NC) and Dianne Feinstein (Democrat, CA), the panel’s vice chair, have introduced proposed legislation that would require companies to unlock encrypted devices when served a court order. Congress has been working on a balance between security and privacy regarding encryption, especially in the wake of the recent iPhone case. Continue reading Proposed Encryption Bill Faces Opposition from Silicon Valley

As revenue from streaming rose 29 percent last year, artists and the recording industry are renewing their effort to get the U.S. Copyright Office to take a second look at the “safe harbor provisions” of the 1998 Digital Millennium Copyright Act. They say that places the onus on policing copyright infringement on them, protecting services such as YouTube where copyrighted material is uploaded without permission. Katy Perry, Billy Joel and Rod Stewart are among the artists who have put a public face on the debate. Continue reading Artists Say ‘Safe Harbor’ is a Shield for Copyright Infringement

Although President Obama finally stated that he sides with the Justice Department in the ongoing battles between law enforcement and Apple over encryption of the San Bernardino shooter’s iPhone, U.S. citizens aren’t so sure. A Wall Street Journal/NBC News survey revealed that 47 percent of Americans believe Apple shouldn’t cooperate with law enforcement. The government is not just facing a difficult battle with Apple but another, even more crucial one with Facebook’s WhatsApp popular messaging application. Continue reading Apple, WhatsApp Cases Focus on Law Enforcement vs. Privacy

FCC chairman Tom Wheeler has a lot to say about net neutrality, zero rating, privacy and Silicon Valley companies, among other topics that he’s been facing over the last months. Although net neutrality passed a year ago, a lawsuit still challenges its legality in court, with Senate Republicans issuing a report that President Obama “inappropriately and secretly influenced the FCC” into regulating broadband providers as common carriers under Title II of the Communications Act. Wheeler begs to differ. Continue reading FCC Chairman Talks Net Neutrality, Privacy and Opening STBs

By now, everyone knows the general outline of the argument between Apple and the FBI, over the latter’s request for a backdoor into the San Bernardino shooter’s iPhone. Apple’s refusal to do so has sparked a war of words and legal actions between Apple and other proponents of data protection/digital privacy and the government, as well as others who believe national security trumps digital privacy. More recently, at the RSA Conference, an information security event, more nuances were revealed. Continue reading RSA Conference Reveals More Nuances in FBI-Apple Battle

Apple’s ongoing privacy battle with law enforcement received a boost yesterday when U.S. Magistrate Judge James Orenstein of New York’s Eastern District denied the federal government’s request that the company release data from an iPhone relevant to a New York drug case. The ruling could provide Apple with a leg up as it pushes forward with its defense of privacy concerns regarding its smartphones, and may impact other cases such as efforts by the FBI to compel Apple to open the iPhone related to last year’s mass shooting in San Bernardino, California. Continue reading Judge Sides with Apple in Closely Watched Encryption Case

States that want to collect sales taxes from out-of-state Internet e-tailers are tired of waiting for Congress to act. As a result, they’re passing state laws to do so. Alabama, South Dakota, Utah and 10 other states have passed legislation that directly contradicts the standing national law that states can only apply tax to businesses with brick-and-mortar locations there. State legislators are hoping that by challenging the existing law, they will spur litigation and force Congress to re-examine the issue. Continue reading States Push Web Tax, Hoping to Spur Litigation and Legislation

The battle between terrorism and privacy has been brewing for quite some time, and the tipping point was the iPhone belonging to Syed Rizwan Farook, who, with his wife, opened fire at an office party in December 2015, killing 14 people and injuring 22. The FBI has been trying to decrypt Farook’s phone, unsuccessfully, and asked Apple to create a “backdoor” code into the phone. Apple refused, and now a court order gives the Silicon Valley company five days to comply. Chief executive Tim Cook is holding firm. Continue reading Apple and U.S. Government Battle Over Privacy vs. Terrorism

In another annual HPA Tech Retreat panel, Jim Burger, a copyright attorney with Thompson Coburn in Washington, D.C. gave his “Washington Update.” “We’re talking about Congress and the Silly Season, and it’s crazy,” said Burger, who said he would touch on intellectual property litigation on the copyright side; the FCC and communications; net neutrality; and unlocking the set-top box among other topics. Burger noted that the House Judiciary Committee has held over 20 copyright hearings this year. Continue reading HPA Tech Retreat: Washington Update During This ‘Silly Season’

The Third U.S. Circuit Court of Appeals ruled that the Federal Trade Commission can advance its lawsuit against Wyndham Worldwide, which the FTC holds partially culpable for theft of online data three times between 2008 and 2010, for a total of over 619,000 credit- and debit-card numbers. Since Congress has yet to pass sweeping legislation on data security, the FTC has stepped in, so far instigating 50 additional data-security cases based on its mandate to act against unfair and deceptive business practices. Continue reading FTC Has Authority Over Corporate Hacks, says Appeals Court

U.S. Senator Al Franken (D-Minnesota) highlighted the findings of a just-released GAO (Government Accountability Office) report focusing on the privacy implications of facial recognition technology. The report details concerns about the practices of companies that collect, use and store massive amounts of personal information. Franken, chair of the Judiciary Subcommittee on Privacy Technology and the Law, pointed to the report’s findings as more proof that federal standards are needed. Continue reading GAO Report Looks at Privacy Concerns of Facial Recognition

At a conference hosted by NASA, Amazon described a plan that would split U.S. airspace into specific heights for various types of unmanned aerial vehicles. A high-speed transit zone, from 200 to 400 feet above the ground, would be reserved for the kind of delivery drones being developed by Amazon and others. Consumer and industrial drones would be restricted to below 200 feet, and aircraft would fly above 500 feet, with a 100-foot no-fly zone. All drones would be banned from in and around airports. Continue reading Amazon Proposes Zones for Drones, Ensuring Safe Air Travel

Less than a year after the Supreme Court shut down Aereo for delivering OTA TV signals to Internet subscribers, a U.S. District Court in California granted FilmOn, an Internet video streaming site, a compulsory license to retransmit TV station programming online. The difference between the two cases, says the judge, was that the Supreme Court did not address whether Aereo was entitled to a compulsory license, but rather found that it violated copyright laws. Fox Broadcasting has said it will appeal the ruling favoring FilmOn. Continue reading Judge: FilmOn Entitled to Compulsory License of Programming

A number of top technology executives representing the Internet Association submitted a letter this week to leaders of the House of Representatives calling for quick passage of the Innovation Act of 2015. CEOs of Etsy, Gilt, Google, LinkedIn, Pinterest, Rackspace, TripAdvisor, Twitter, Yahoo and Yelp are among those urging politicians to pass the patent-reform bill this summer. The letter explains that these execs have “direct experience of the negative consequences of the patent troll business model on our economy.” Continue reading Tech Industry Presses Government to Address Patent Reform

After the Senate declined to reauthorize the bulk collection of phone records, the National Security Agency began shuttering its controversial counter-terrorism program over the weekend. The Senate failed to reach an agreement to extend the program beyond May 31, when the law used to authorize it will expire. Some intelligence and law enforcement officials have argued that the program is crucial to tracking terrorists. While the Senate rejected two bills that would have continued the program, some believe an agreement could still be reached before the deadline. Continue reading NSA Preps Shutdown of Controversial Phone Tracking Program