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CLIP-ings: April 11, 2014

Internet Governance
ICANN Delays New gTLDs: The organization will delay the rollout of some top level domains to determine whether ICANN is the proper forum for resolving disputes over the economic and cultural repercussions of allocating on a first come first serve basis.
FTC Says Are Jerks: The FTC alleged that the “reputation management” site, where users post images of others and label them as “jerks,” improperly obtained personal information and then failed to remove that information after charging victims to do so.
Cert. Denied: The Supreme Court denied certiorari to a district court ruling that found NSA surveillance programs “likely unconstitutional;” it is unclear whether the Court will hear the case after it has made its way through the appeals process.
No More Data Retention: The EU’s top court invalidated an EU data retention law that required ISPs to retain all customer data for government surveillance on the ground that the law imposed an impermissible interference on fundamental rights.
Information Security & Cyberthreats
Heartbleed Bug: A security flaw in the encryption software OpenSSL affects two-thirds of all websites; organizations are advised to update their OpenSSL protocol in order to secure consumer data and intellectual property.
FTC Fracas: A New Jersey district court ruled that the FTC has the authority to proceed with its case against the Wyndham Worldwide Corporation for its failure to adequately safeguard consumer data.
Intellectual Property
“Glass” Trademark Shattered By USPTO: The USPTO rejected Google’s request to trademark “Glass” for being too similar to other glass trademarks and for being “merely descriptive.”
Megaupload Mega-Infringing? Several major Hollywood studios have brought a civil copyright lawsuit against Megaupload in Virginia federal court; while the ongoing criminal case requires government prosecutors to demonstrate willful intent, such intent will be a less significant factor in the civil case.
Free Expression & Censorship
Defining Online Speech Crimes: A Pennsylvania man convicted of interstate communication of threats for his Facebook rant about attacking an elementary school has petitioned the Supreme Court to resolve the issue of when online speech becomes a “true threat.”
Practice Note
Facebook’s Member Agreement Binds Kids: A California district court held that the contracts formed between the social media site and minors that grant Facebook publicity rights to release to a child’s image and likeness are binding. 
On the Lighter Side
The Lannister House of Facebook: Social networks reimagined as Game of Thrones houses.
Editorial Fellows: Kwame Akosah, Adiella Stadler, Tom Norton