Two New Privacy Lawsuits Filed — Part One, Facebook

by Christina Frangiosa

Within the last few weeks, two major companies have been sued for alleged violations of privacy laws – one filed before the Federal Trade Commission seeking an investigation into Facebook’s privacy settings and the other filed in federal court, styled as a class action against Netflix. (The Netflix suit will be analyzed separately, in Part 2 of this topic.)

Facebook Complaint

On December 17, 2009, privacy advocates filed a complaint with the Federal Trade Commission, requesting that “the FTC open an investigation into Facebook’s revised privacy settings.” In the Matter of Facebook, Inc., Docket Number —- (FTC); see also EPIC’s Press Release, “EPIC Defends Privacy of Facebook Users: Files Complaint with the Federal Trade Commission,” Dec. 17, 2009.

Facebook announced its privacy policy revisions in a December 9 Press Release, “Facebook Asks More Than 350 Million Users Around the World To Personalize Their Privacy; Service Gives Users New Tools to Control Their Information” – which suggested that the changes would actually benefit users, and help them protect their information. In fact, however, these changes potentially undo the restrictive settings that users may have applied to keep their profiles closely guarded and viewable only by “friends.”

A copy of the Complaint, Request for Investigation, Injunction and Other Relief can be found on EPIC’s site, but EPIC is not the only plaintiff. Nine other consumer protection organizations have joined, namely the American Library Association (see also their privacy resources), The Center for Digital Democracy (see also a Dec. 17 blog post that explains CDD’s reasons for joining the complaint), Consumer Federation of America, FoolProof Financial Education, Patient Privacy Rights (see also their Dec. 11 criticism of Facebook’s privacy policy changes and their Feb. 18 analysis of the Complaint Almost Filed Against Facebook), Privacy Activism, Privacy Rights Now Coalition, The Privacy Rights Clearinghouse and the U.S. Bill of Rights Foundation. (If the organization name is not hyperlinked, it’s because I could not find an updated web site for the organization. If you find one, please post it in the Comments section below.)

Other Information about Facebook’s Privacy Policies

* EPIC has also developed an “In Re Facebook” page, on which it summarizes all of the actions it has taken to date relating to privacy issues faced by Facebook participants, provides a background to the debate, and chronicles various articles that have been written about the complaint. (Last updated on Dec. 30, although it appears to be kept current, so keep checking back.)

* The Electronic Frontier Foundation (EFF) has also posted (Dec. 21) an interesting article on its Deep Links Blog entitled, “Who Knows Who Your Facebook Friends Are?”, discussing how Facebook’s changes to its privacy policies have exposed users’ list of friends – thus causing real problems for political activists operating under oppressive regimes. Another EFF article worth reviewing in detail is “Facebook’s New Privacy Changes: The Good, The Bad, and The Ugly” (Dec. 9).

* The New York Times’s Brad Stone blogged about the lawsuit in an article entitled “Privacy Group Files Complaint on Facebook Changes,” (Dec. 17) which has been updated to include Facebook’s response to the Complaint. The response notes that Facebook “discussed” the revisions to its privacy policies with regulators, including the FTC.

FTC Releases its Staff Report on its 2/09 Fraud Forum

by Christina Frangiosa

On December 29, 2009, the Federal Trade Commission’s Division of Marketing Practices released its “Staff Report on the [FTC]’s Fraud Forum.” See Report. The report analyzes the recommendations and conclusions made during the FTC’s February 2009 meeting on the topic of preventing consumer fraud. See 12/29/09 Press Release.

The report analyzes the types of scam artists, some of the common scams that have been (at least marginally) successful, the types of victims, reasons why these crimes might be unreported or underreported, and upcoming challenges such as payment system frauds or phishing, spoofing and keystroke logging. The report also makes several proposals for improving the FTC’s anti-fraud program.

Index of Posts in 2009

by Christina Frangiosa

Below is an index for the articles posted on the Privacy and IP Law Blog during 2009. They are sorted below into two groupings: first, by date (in reverse chronological order) and then by category (including an item count showing how many posts fit into each category).

Topics Covered, Sorted by Date (in Reverse Order)

12/22/09 – White House Names Cybersecurity Coordinator cybersecurity, Dept of Homeland Security, government oversight, privacy

12/16/09 – Google Book Project – Notice of Revised Settlement Agreement copyright, Google Book Project

12/15/09 – ICANN Seeks Independent Proposals relating to WHOIS Data cybersecurity, identity theft, privacy, trademarks, WHOIS Data

12/10/09 – NJ District Court Launches New Version of Electronic Filing System ECF System, privacy, redaction

12/4/09 – Mandatory Restitution to Victims of Identity Theft in Pennsylvania Required Enacted legislation, identity theft, privacy, social security numbers

12/1/09 – Update on Google Book Settlement copyright, Google Book Project, privacy

11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

11/3/09 – Basic Questions – Differences between Copyrights and Trademarks copyright, trademarks

10/23/09 – NJ Federal Court Issues Notice about Redaction of Private Information from Court Filings ECF System, privacy, redaction

10/18/09 – Final Fairness Hearing on Google Books Settlement Re-Scheduled for November 9 copyright, Google Book Project

10/15/09 – White House appoints IP Enforcement Coordinator Cabinet Positions, copyright, counterfeiting, trademarks

9/30/09 – Google Book Settlement Agreement to be Modified copyright, Google Book Project

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

9/8/09 – Further Update: Google Book Settlement copyright, Google Book Project

9/4/09 – Update: Google Book Settlement Challenged by Several Opponents copyright, Google Book Project

8/26/09 – Blips in Google’s Book Project Settlement copyright, Google Book Project

8/25/09 – New Copyright Suit Filed against Publishers of Music Lyrics copyright, music

8/13/09 – Proposed Legislation to Address Perceived Misidentification of Geographic Source of Goods common law marks, geographically (mis)descriptive, Proposed legislation, requirement of use, trademarks

7/30/09 – Why You Should Read a Web Site’s Terms of Service Before Posting copyright, privacy, terms of use policies

7/23/09 – Recommended Reading: Privacy Policies for Web Sites You Visit privacy, privacy policies

7/17/09 – Fraud on PTO Refusal is not Obviated by Lack of Counsel; Amendments Cannot Expand Goods Sought to be Covered Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

7/2/09 – Court Enters Order Banning Publication of Unauthorized Sequel to Catcher in the Rye copyright, fictional characters, Salinger

6/29/09 – Copyright Protection Proposed for Fashion Designs copyright, fashion design, Proposed legislation

6/19/09 – When is a Fictional Character Copyrightable? Copyright, fictional characters, Salinger

6/6/09 – Proposal to Restrict Use of Whole Body Image Scanners as Primary Screening Tool in Airport Security privacy, Proposed legislation, whole body image scanners

5/31/09 – Update on Anticipated Appointment of a Cybersecurity Coordinator cybersecurity, government oversight, NSA

5/28/09 – Anticipated Appointment of “Cyber Czar” on May 29, 2009 cybersecurity, Dept of Homeland Security, government oversight, NSA, privacy

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/12/09 – Newly Introduced Bill Proposes Chief Privacy Officer for Health Information Technology (i.e., Electronic Medical Records) electronic medical records, health information technology, privacy, Proposed legislation, Stimulus Act

5/8/09 – Newly Introduced Bill Would Require Shutter Sounds in Camera Phones camera phones, copyright, privacy, Proposed legislation

4/29/09 – Privacy Resources on the Internet privacy, social security numbers

Topics Covered, Sorted by Category

Note that the number counts in each of these categories are totals for 2009 only. When you click on each link, you should see all of the articles – including those posted later than 2009 – covering a particular topic.

Cabinet Positions (1)
10/15/09 – White House appoints IP Enforcement Coordinator Cabinet Positions, copyright, counterfeiting, trademarks

Camera Phones (1)
5/8/09 – Newly Introduced Bill Would Require Shutter Sounds in Camera Phones camera phones, copyright, privacy, Proposed legislation

Cancellation (4)
11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

Common Law Marks (1)
8/13/09 – Proposed Legislation to Address Perceived Misidentification of Geographic Source of Goods common law marks, geographically (mis)descriptive, Proposed legislation, requirement of use, trademarks

Copyright (15)
12/16/09 – Google Book Project – Notice of Revised Settlement Agreement copyright, Google Book Project

12/1/09 – Update on Google Book Settlement copyright, Google Book Project, privacy

11/3/09 – Basic Questions – Differences between Copyrights and Trademarks copyright, trademarks

10/18/09 – Final Fairness Hearing on Google Books Settlement Re-Scheduled for November 9 copyright, Google Book Project

10/15/09 – White House appoints IP Enforcement Coordinator Cabinet Positions, copyright, counterfeiting, trademarks

9/30/09 – Google Book Settlement Agreement to be Modified copyright, Google Book Project

9/8/09 – Further Update: Google Book Settlement copyright, Google Book Project

9/4/09 – Update: Google Book Settlement Challenged by Several Opponents copyright, Google Book Project

8/26/09 – Blips in Google’s Book Project Settlement copyright, Google Book Project

8/25/09 – New Copyright Suit Filed against Publishers of Music Lyrics copyright, music

7/30/09 – Why You Should Read a Web Site’s Terms of Service Before Posting copyright, privacy, terms of use policies

7/2/09 – Court Enters Order Banning Publication of Unauthorized Sequel to Catcher in the Rye copyright, fictional characters, Salinger

6/29/09 – Copyright Protection Proposed for Fashion Designs copyright, fashion design, Proposed legislation

6/19/09 – When is a Fictional Character Copyrightable? Copyright, fictional characters, Salinger

5/8/09 – Newly Introduced Bill Would Require Shutter Sounds in Camera Phones camera phones, copyright, privacy, Proposed legislation

Counterfeiting (1)
10/15/09 – White House appoints IP Enforcement Coordinator Cabinet Positions, copyright, counterfeiting, trademarks

Cybersecurity (4)
12/22/09 – White House Names Cybersecurity Coordinator cybersecurity, Dept of Homeland Security, government oversight, privacy

12/15/09 – ICANN Seeks Independent Proposals relating to WHOIS Data cybersecurity, identity theft, privacy, trademarks, WHOIS Data

5/31/09 – Update on Anticipated Appointment of a Cybersecurity Coordinator cybersecurity, government oversight, NSA

5/28/09 – Anticipated Appointment of “Cyber Czar” on May 29, 2009 cybersecurity, Dept of Homeland Security, government oversight, NSA, privacy

Dept of Homeland Security (2)
12/22/09 – White House Names Cybersecurity Coordinator cybersecurity, Dept of Homeland Security, government oversight, privacy

5/28/09 – Anticipated Appointment of “Cyber Czar” on May 29, 2009 cybersecurity, Dept of Homeland Security, government oversight, NSA, privacy

ECF System (2)
12/10/09 – NJ District Court Launches New Version of Electronic Filing System ECF System, privacy, redaction

10/23/09 – NJ Federal Court Issues Notice about Redaction of Private Information from Court Filings ECF System, privacy, redaction

Electronic Medical Records (“EMR”) (1)
5/12/09 – Newly Introduced Bill Proposes Chief Privacy Officer for Health Information Technology (i.e., Electronic Medical Records) electronic medical records, health information technology, privacy, Proposed legislation, Stimulus Act

Enacted Legislation (1)
12/4/09 – Mandatory Restitution to Victims of Identity Theft in Pennsylvania Required Enacted legislation, identity theft, privacy, social security numbers

Fashion Design (1)
6/29/09 – Copyright Protection Proposed for Fashion Designs copyright, fashion design, Proposed legislation

Fictional Characters (2)
7/2/09 – Court Enters Order Banning Publication of Unauthorized Sequel to Catcher in the Rye copyright, fictional characters, Salinger

6/19/09 – When is a Fictional Character Copyrightable? Copyright, fictional characters, Salinger

Fraud on the PTO (5)
11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

7/17/09 – Fraud on PTO Refusal is not Obviated by Lack of Counsel; Amendments Cannot Expand Goods Sought to be Covered Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

Geographically (Mis)Descriptive (1)
8/13/09 – Proposed Legislation to Address Perceived Misidentification of Geographic Source of Goods common law marks, geographically (mis)descriptive, Proposed legislation, requirement of use, trademarks

Google Book Project (7)
12/16/09 – Google Book Project – Notice of Revised Settlement Agreement copyright, Google Book Project

12/1/09 – Update on Google Book Settlement copyright, Google Book Project, privacy

10/18/09 – Final Fairness Hearing on Google Books Settlement Re-Scheduled for November 9 copyright, Google Book Project

9/30/09 – Google Book Settlement Agreement to be Modified copyright, Google Book Project

9/8/09 – Further Update: Google Book Settlement copyright, Google Book Project

9/4/09 – Update: Google Book Settlement Challenged by Several Opponents copyright, Google Book Project

8/26/09 – Blips in Google’s Book Project Settlement copyright, Google Book Project

Government Oversight (3)
12/22/09 – White House Names Cybersecurity Coordinator cybersecurity, Dept of Homeland Security, government oversight, privacy

5/31/09 – Update on Anticipated Appointment of a Cybersecurity Coordinator cybersecurity, government oversight, NSA

5/28/09 – Anticipated Appointment of “Cyber Czar” on May 29, 2009 cybersecurity, Dept of Homeland Security, government oversight, NSA, privacy

Health Information Technology (“HIT”)(1)
5/12/09 – Newly Introduced Bill Proposes Chief Privacy Officer for Health Information Technology (i.e., Electronic Medical Records) electronic medical records, health information technology, privacy, Proposed legislation, Stimulus Act

Identity Theft (2)
12/15/09 – ICANN Seeks Independent Proposals relating to WHOIS Data cybersecurity, identity theft, privacy, trademarks, WHOIS Data

12/4/09 – Mandatory Restitution to Victims of Identity Theft in Pennsylvania Required Enacted legislation, identity theft, privacy, social security numbers

Medinol (5)
11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

7/17/09 – Fraud on PTO Refusal is not Obviated by Lack of Counsel; Amendments Cannot Expand Goods Sought to be Covered Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

Music (1)
8/25/09 – New Copyright Suit Filed against Publishers of Music Lyrics copyright, music

NSA (2)
5/31/09 – Update on Anticipated Appointment of a Cybersecurity Coordinator cybersecurity, government oversight, NSA

5/28/09 – Anticipated Appointment of “Cyber Czar” on May 29, 2009 cybersecurity, Dept of Homeland Security, government oversight, NSA, privacy

Opposition (5)
11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

7/17/09 – Fraud on PTO Refusal is not Obviated by Lack of Counsel; Amendments Cannot Expand Goods Sought to be Covered Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

Privacy (13)
12/22/09 – White House Names Cybersecurity Coordinator cybersecurity, Dept of Homeland Security, government oversight, privacy

12/15/09 – ICANN Seeks Independent Proposals relating to WHOIS Data cybersecurity, identity theft, privacy, trademarks, WHOIS Data

12/10/09 – NJ District Court Launches New Version of Electronic Filing System ECF System, privacy, redaction

12/4/09 – Mandatory Restitution to Victims of Identity Theft in Pennsylvania Required Enacted legislation, identity theft, privacy, social security numbers

12/1/09 – Update on Google Book Settlement copyright, Google Book Project, privacy

10/23/09 – NJ Federal Court Issues Notice about Redaction of Private Information from Court Filings ECF System, privacy, redaction

7/30/09 – Why You Should Read a Web Site’s Terms of Service Before Posting copyright, privacy, terms of use policies

7/23/09 – Recommended Reading: Privacy Policies for Web Sites You Visit privacy, privacy policies

6/6/09 – Proposal to Restrict Use of Whole Body Image Scanners as Primary Screening Tool in Airport Security privacy, Proposed legislation, whole body image scanners

5/28/09 – Anticipated Appointment of “Cyber Czar” on May 29, 2009 cybersecurity, Dept of Homeland Security, government oversight, NSA, privacy

5/12/09 – Newly Introduced Bill Proposes Chief Privacy Officer for Health Information Technology (i.e., Electronic Medical Records) electronic medical records, health information technology, privacy, Proposed legislation, Stimulus Act

5/8/09 – Newly Introduced Bill Would Require Shutter Sounds in Camera Phones camera phones, copyright, privacy, Proposed legislation

4/29/09 – Privacy Resources on the Internet privacy, social security numbers

Privacy Policies (1)
7/23/09 – Recommended Reading: Privacy Policies for Web Sites You Visit privacy, privacy policies

Proposed Legislation (5)
8/13/09 – Proposed Legislation to Address Perceived Misidentification of Geographic Source of Goods common law marks, geographically (mis)descriptive, Proposed legislation, requirement of use, trademarks

6/29/09 – Copyright Protection Proposed for Fashion Designs copyright, fashion design, Proposed legislation

6/6/09 – Proposal to Restrict Use of Whole Body Image Scanners as Primary Screening Tool in Airport Security privacy, Proposed legislation, whole body image scanners

5/12/09 – Newly Introduced Bill Proposes Chief Privacy Officer for Health Information Technology (i.e., Electronic Medical Records) electronic medical records, health information technology, privacy, Proposed legislation, Stimulus Act

5/8/09 – Newly Introduced Bill Would Require Shutter Sounds in Camera Phones camera phones, copyright, privacy, Proposed legislation

Redaction (2)
12/10/09 – NJ District Court Launches New Version of Electronic Filing System ECF System, privacy, redaction

10/23/09 – NJ Federal Court Issues Notice about Redaction of Private Information from Court Filings ECF System, privacy, redaction

Requirement of Use (1)
8/13/09 – Proposed Legislation to Address Perceived Misidentification of Geographic Source of Goods common law marks, geographically (mis)descriptive, Proposed legislation, requirement of use, trademarks

Salinger (2)
7/2/09 – Court Enters Order Banning Publication of Unauthorized Sequel to Catcher in the Rye copyright, fictional characters, Salinger

6/19/09 – When is a Fictional Character Copyrightable? Copyright, fictional characters, Salinger

Social Security Numbers (“SSN”) (2)
12/4/09 – Mandatory Restitution to Victims of Identity Theft in Pennsylvania Required Enacted legislation, identity theft, privacy, social security numbers

4/29/09 – Privacy Resources on the Internet privacy, social security numbers

Stimulus Act (1)
5/12/09 – Newly Introduced Bill Proposes Chief Privacy Officer for Health Information Technology (i.e., Electronic Medical Records) electronic medical records, health information technology, privacy, Proposed legislation, Stimulus Act

Terms of Use Policies (1)
7/30/09 – Why You Should Read a Web Site’s Terms of Service Before Posting copyright, privacy, terms of use policies

Trademarks (9)
12/15/09 – ICANN Seeks Independent Proposals relating to WHOIS Data cybersecurity, identity theft, privacy, trademarks, WHOIS Data

11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

11/3/09 – Basic Questions – Differences between Copyrights and Trademarks copyright, trademarks

10/15/09 – White House appoints IP Enforcement Coordinator Cabinet Positions, copyright, counterfeiting, trademarks

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

8/13/09 – Proposed Legislation to Address Perceived Misidentification of Geographic Source of Goods common law marks, geographically (mis)descriptive, Proposed legislation, requirement of use, trademarks

7/17/09 – Fraud on PTO Refusal is not Obviated by Lack of Counsel; Amendments Cannot Expand Goods Sought to be Covered Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

TTAB (5)
11/19/09 – USPTO Trademark Public Advisory Committee Meeting Tomorrow Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

9/11/09 – Federal Circuit Clarifies Fraud Standard for Cancelling Trademark Registrations Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

7/17/09 – Fraud on PTO Refusal is not Obviated by Lack of Counsel; Amendments Cannot Expand Goods Sought to be Covered Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/20/09 – AIPLA Reports on the May 6, 2009 Federal Circuit Oral Argument on the Bose v Hexawave Case Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

5/15/09 – Fraud on the PTO Jurisprudence: Further Approval for Timely Corrective Action to Avoid Cancellation Cancellation, Fraud on the PTO, Medinol, Opposition, trademarks, TTAB

WHOIS Domain Name Registration Data (1)
12/15/09 – ICANN Seeks Independent Proposals relating to WHOIS Data cybersecurity, identity theft, privacy, trademarks, WHOIS Data

Whole Body Image Scanners (1)
6/6/09 – Proposal to Restrict Use of Whole Body Image Scanners as Primary Screening Tool in Airport Security privacy, Proposed legislation, whole body image scanners

White House Names Cybersecurity Coordinator

by Christina Frangiosa

The White House announced today that President Obama has appointed Howard Schmidt to be the new “White House Cybersecurity Coordinator.” More information about Mr. Schmidt’s background can be found within the announcement of his appointment (including in an embedded video), but also within press coverage of the development. See, e.g., Siobhan Gorman, “Cyber Chief Selected by Obama,” The Wall Street Journal, Dec. 22, 2009 at A6; AP, “White House Picks New Cyber Coordinator”, Dec. 21, 2009 (available through FoxNews).

Mr. Schmidt’s duties will apparently include: “setting computer security policy and providing budget guidance across the government. Among his top challenges will be tapping the cyberdefense capabilities at the National Security Agency while ensuring adequate privacy protections for activities in the civilian sector.” Gorman, “Cyber Chief Selected by Obama.”

Previous posts on this topic were dated in May, when President Obama first announced the position.

UPDATE: A more complete analysis of Mr. Schmidt’s appointment, background and anticipated responsibilities was published in today’s (12/23/09) Wall Street Journal: see Siobhan Gorman, “Cybersecurity Chief to Fill a Post Filled with Challenges,” The Wall Street Journal, Dec. 23, 2009 at A6.

Google Book Project – Notice of Revised Settlement Agreement

by Christina Frangiosa

On December 14, 2009, the Settlement Administrator for the Google Book Project distributed a Supplemental Notice of the revised settlement. (More information about developments in the Authors’ Guild v Google lawsuit can be found in prior posts.) The Notice identifies the following changes to the various deadlines to proceed:

On or before January 28, 2010:

* Deadline to Opt Out of the settlement agreement, by completing and submitting the Opt Out Form (if a claimant already opted out of the prior version of the settlement agreement, it is not necessary to file another Opt Out Form).

* Deadline to Opt Back In to the settlement agreement, if an Opt Out Form was previously submitted.

* File an Objection to the Amended Settlement. If a claimant previously filed an objection to the prior settlement agreement, it will be maintained – without having to file it again. This deadline is for new objections only. (Parties can withdraw prior objections up until the date of the Fairness Hearing, if necessary.)

On or before February 4, 2010:

* File a notice of intent to appear at the Final Fairness Hearing.

February 18, 2010:

* The scheduled date for the Final Settlement/Fairness Hearing.

(The dates above were also set forth in the Court’s November 19, 2009 Order granting preliminary approval to the amended settlement agreement.)

On or before March 31, 2011:

* Deadline for any claimant who wishes to receive cash payments for “Books and Inserts” (as those terms are defined by the settlement agreement) to submit their claim forms. If a claimant is unable to submit a claim online, paper forms are available.

More details about the administration of the settlement agreement can be found on the Administrator’s Site, and potential claimants should review all of the details provided directly by the Administrator, in case specific forms or requirements change over the course of the administration period.

Related News

The Congressional Research Service released a report on November 27, 2009, analyzing Google’s argument that it did not infringe the copyrights at issue because its use (in digitizing, indexing and re-publishing to some extent the underlying works) qualified for the “fair use” defense to act as a complete bar to liability. The report, “The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law,” was prepared by Kate M. Manuel, Esquire, a legislative attorney with CRS, and is available through various subscription-only sites. If you have a subscription to BNA’s Patent, Trademark & Copyright Journal, you can find a copy of the Report as a reference at the end of the article entitled “Google Books Settlement Could Be Back Before Court, Foreign Litigation a Possibility,” 79 PTCJ 154 (Dec. 11, 2009).