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Cyberthreats to National Economic Security

Cybersecurity poses major problems for both the government and the private sector.  Public-private partnerships, where companies work with each other as well as with the government, are needed in order to achieve greater cybersecurity for public safety and national economic interests while protecting citizens’ rights.  CLIP will undertake a research and policy project to address the issues of cooperation through a series of white papers, activities and programs.

Survey of CDA 230

In April 2012, CLIP released a comprehensive report on Section 230 of the Communications Decency Act: “Section 230 of the Communications Decency Act: A Survey of the Legal Literature and Reform Proposals.” The goal of the study was to identify trends in the legal literature and reform proposals.  By setting out a survey and analysis of the legal and policy landscape surrounding Section 230, the study is designed to be a comprehensive, objective resource to assist scholars and policy-makers in their search for materials addressing the purpose and substance of the statutory provision. The CLIP research team for the study was led by Professor Reidenberg and Jamela Debelak, who were assisted by Fordham Dean’s Fellow, Jordan Kovnot ('11), and Fordham Law student, Tiffany Miao ('13).  The research team also benefited from the expertise of Research Librarian Todd Melnick. The work on this project was supported by a gift from Google, Inc..

A PDF copy of the report is available here.

COPPA and Children's Privacy

On December 22, 2011, CLIP filed comments on the Federal Trade Commission’s proposed amendments to the Children's Online Privacy Protection Rule, which restricts what information certain websites can collect from children under 13 without parental consent.  The FTC stated that it believes the amendments are necessary in order "to ensure that the Rule continues to protect children’s privacy, as mandated by Congress, as online technologies evolve."  CLIP is in support of many of the changes proposed by the FTC and offered comments on ways in which the rule can be strengthened further to protect children. Building on the work that CLIP has done in the past related to children's privacy, CLIP’s comments focus on following issues: (1) the classification of screen names as personal information; (2) the ease of “de-anonymizing” demographic data; (3) the regulation of behavioral advertising networks in relation to children; (4) consent mechanisms; and (5) the establishment of clear standards for data deletion.  CLIP’s comments are available here.

Intellectual Property and Barriers to Entry

In November 2010, CLIP was awarded a research grant by the World Intellectual Property Organization (WIPO) to perform a study of “Intellectual Property as a Barrier to Market Entry.” The final report, “IP as a Barrier to Market Entry: A Survey of the Legal and Economic Literature,” was published by WIPO in May 2011.  The study was prepared for WIPO as part of WIPO’s work program on intellectual property and competition policy.  The study evaluates the existing academic research relating to intellectual property as a barrier to entry in the context of developed countries and in developing countries and provides recommendations for future research programs. The CLIP research team for the study was led by Professor Joel R. Reidenberg and CLIP Executive Director Jamela Debelak, who were assisted by two Fordham Law students, Isaac Chao '12 and Mary Pennisi '11, and two recent Fordham LL.M. graduates, Maarten Goudsmit '10 and Marc Melzer '10.   The research team also benefited from the expertise of Professors Mark Patterson and Barry Hawk on competition policy issues, as well as Research Librarian Todd Melnick.

A PDF copy of report is available here.

Bloggers and Intellectual Property

In September 2009, a team of student research fellows began a project to review intellectual property claims asserted against bloggers.  From this review, the students identified the types of activities and fact patterns that typically raise legal concerns and result in legal action.  This is the first project CLIP is undertaking in support of a long term research goal aimed at identifying IP best practices for bloggers.

Privacy and Children's Educational Records

Among state departments of education there has been a growing trend to establish statewide longitudinal databases of all K-12 children within a state in order to track progress and change over time.  This trend is accompanied by a trend to create uniform data collection systems so that each state’s student data systems are interoperable with one another.  In January 2008, CLIP began a research project to examine the privacy concerns implicated by these trends and a full report was released in the fall of 2009.  Additional information about the project and a copy of the report are available here.

Privacy and Trust in Electronic Communications

In January 2007, CLIP was awarded a European Commission research grant to perform a comparative study of “Privacy and Trust in Electronic Communications.” A final report of the study was submitted to the European Commission in July 2007. Joel R. Reidenberg, Professor of Law and Founding Director of CLIP, and the following student Project Fellows were named as co-authors of the report: Camilla Abder, Cedric Burton, Lisa Cooms and Ezra Kover.

For more information and to see a copy of the report please visit the European Commission website.

International Data Protection and Binding Corporate Rules

CLIP hosted a two-day workshop on November 13 & 14, 2006 on international data protection and binding corporate rules.  The workshop explored the use of Binding Corporate Rule as a solution for the adequate protection of personal information under European Directive 95/46/EC.  The workshop brought together a select group of industry leaders, technologists, academic and policy leaders and government regulatory officials to engage in a constructive dialog to seek to clarify uncertainity surrounding the use of Binding Corporate Rules.  To see a copy of the workshop agenda and a list of participants please click here.