Proposed Digital Services Act

An Australian senator proposes a Digital Services Act relating to blockchain technology.

https://www.andrewbragg.com/post/address-at-blockchain-week-2022

NY NFT Trademark Lawsuit by Hemmes regarding Birkin bag NFT art

A decision from Judge Rakoff from the SDNY regarding a motion to dismiss in a case involving NFTs.  See https://images.law.com/contrib/content/uploads/documents/389/164932/Hermes-v.-Rotschild.Rakoff-order-on-MTD-1.pdf

 The court denied the motion to dismiss.

Mr Rotschild, the defendant, created a digital image of the Hermes Birkin bag, with a baby fetus inside the bag.  It sold for $23,500.  He also created images of faux fur Birkin bags, and 100 numbered NFTs that sold for about the price of a real world Birkin bag.

Hemmes sued Rotschild for trademark infringement.  Rotschild says the NFTs are art that have First Amendment protection.  He also said that his use of MetaBirkin for the title of his art had First Amendment protection.

The court said that there were too many factual issues to determine (e.g. is the NFT art?) to dismiss the case against Rotschild without having a trial.

The Top Ten Developments in US Patent Law over the past 50 years

Professor Don Chisum is a leader in U.S. patent law.  He has recently written this excellent article:

Fifty Years of Patent Law: The Top Ten Developments

https://chisum-patent-academy.com/wp-content/uploads/ChisumTop10in50Article6July2022.pdf

Well worth reading if you are interested in patent law and the business of patents.

Lawsuit in Victoria against Google over false reviews for artifical plant company

The Age newspaper has this story regarding false reviews of an artificial patents business, that alleged were posted when the business had a dispute with a moving company.

See https://amp.theage.com.au/national/victoria/david-and-georgina-had-a-dispute-with-their-removalists-four-years-later-they-ve-taken-google-to-court-20220707-p5azub.html

Interestingly, they are suing Google.

Similar story to the Titan Sheds dispute that ended up in the Federal Court in Brisbane a few years back.  There are about 3 court decisions.  One involved trying to get evidence from Google, but because Google was offshore, this was difficult.  See Note

OSC enforcement against crypto asset trading platforms

The Ontario Securities Commission (OSC) announced this month the outcome of two successful enforcement actions against non-compliant crypto asset trading platforms.

ACCC to Review Facebook, Google and other large digital platforms

The ACCC is seeking views from consumers, businesses and other parties on options for legislative reform to address concerns about the dominance of digital platforms.

A discussion paper, released today, outlines options for addressing harms to competition, consumers, and business users in a range of areas dominated by large digital platforms, including social media, search, app marketplaces, general online retail marketplaces and ad tech.

Read more

Facebook Sued for $150 billion by Rohingya refugees

Rohingya refugees are suing Facebook over its own admitted failure to stop the spread of hate speech that contributed to violence in Myanmar.

A case has been filed in the USA.  Because of s230 of the Communications Decency Act, the plaintiffs are asserting that Myanmar law should apply, not U.S. law.

Commentators have stated it is a difficult case for the refugees.

Chinese cyberattacks

As experts say the number of cyber attacks being directed at Australia have reached a disturbing level, it can now be revealed that Chinese hackers came within minutes of shutting down two Queensland power stations . Had the attack been successful it could have been lights out for some 3 million homes.

Australian Social Media Law proposed

The Australian Government has just released a proposed law to deal with defamation and social media comments.

See Social Media (Anti-Trolling) Bill.

https://www.ag.gov.au/legal-system/social-media-anti-trolling-bill

The AG's office provides the following information:

"The challenges of responding to anonymous online trolling became clear after the High Court's decision in Fairfax Media Publications v Voller [2021] HCA 27, handed down in September 2021. The Voller decision shows that Australians who maintain a social media page may be exposed to defamation liability for defamatory comments posted on the page by others – even if they are not aware of those defamatory comments.

To urgently address this situation the Australian Government has developed the Social Media (Anti-Trolling) Bill 2021. To address the implications of the Voller decision, the Bill will protect Australians from defamation liability that could arise if they allow users to comment on their social media page."

 See my comments in The Australian blog:  "Law professor supports anti-trolling proposals"

Crypto Regulation

In an interesting article about Crypto Exchange regulation in the WSJ.

"The world’s fastest-growing major financial exchange has no head office or formal address, lacks licenses in countries where it operates and has a chief executive who until recently wouldn’t answer questions about his location."

The biggest exchange is Binance, which has no fixed address it seems.  Creates interesting internet jurisdiction issues.

UK Cookies Case

An interesting case today from the UK:  Lloyd v Google

See note here:  https://www.mishcon.com/news/the-developing-law-on-data-protection-group-claims

"This is of course a landmark judgment for data protection claims, but also more generally for consumer actions brought on an "opt-out" basis. The claimant, Mr Lloyd, represented a group of more than 4 million iPhone users, and alleged, on their behalf, that Google's historic deployment of cookies on the Safari browser had been not just unlawful, but that it meant that Google should pay compensation to everyone who had received cookies on that basis."

The court found for Google.

 

How the FBI obtains access to telephone information

This is a good article.  It provides insights on what exactly each carrier collects, a more recent run-down of how long each United States telecom retains certain types of data for, and images of the tool the FBI makes available to law enforcement agencies across the country to analyze cell phone tower data.

Here's the FBI's Internal Guide for Getting Data from AT&T, T-Mobile, Verizon

https://www.vice.com/en/article/m7vqkv/how-fbi-gets-phone-data-att-tmobile-verizon