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CLIP-ings: April 25, 2014

Internet Governance
Net Neutral-ish: The FCC proposed new net neutrality rules that will allow ISPs to give preferential treatment to some Internet traffic; however, any preferential treatment would be reviewed by the FCC on a case-by-case basis for “commercial reasonability.”
Ordem E Progresso: Brazil enacted a law to protect privacy and foster net neutrality by limiting the data that companies may gather and forbidding ISPs from blocking or discriminating against Internet traffic.


inBloom Out: Student data collection project inBloom shut down amid concerns of  information insecurity and overbroad data collection.
Child Porn Restitution: The Supreme Court reversed a $3.4 million judgment against a man for possessing pornographic images of a woman taken while she was a child; the amount was considered excessive compared to the pain and suffering he caused to the victim. 

Information Security & Cyberthreats

F.B.I. Cyberattacks: Court documents revealed that an F.B.I. informant-hacker conducted hundreds of cyberattacks on foreign websites on behalf of the Bureau.

Intellectual Property 

Aereo’s Argument: Aereo argued that it is not required to pay royalties for retransmitting free broadcast content because its video streaming service does not constitute public performance; the company also warned that an unfavorable Supreme Court ruling may put cloud storage services at risk.
Google’s Geotagging Ruled Non-Infringing: A Delaware district court ruled that Google AdWords, which places targeted advertisements alongside search results, does not infringe a location-based search patent owned by GeoTag.

Free Expression & Censorship

Mexico’s Monopolies: Proposed legislation that seeks to break up Mexico’s telecommunications monopoly is being publicly criticized for including real-time surveillance, censorship, and anti-net neutrality provisions.
China’s Video Game Censorship: Although China has lifted its 14-year ban on selling video game consoles, the government’s culture department still must approve games to ensure they do not harm national unity or promote violence or racism.

Practice Note

Judging Jurors: The ABA Standing Committee on Ethics and Professionalism issued a formal opinion that allows lawyers to review potential jurors’ publicly available online information but prohibits contacting jurors directly (such as by “friending” them on Facebook).

On the Lighter Side

Literally The Best Plug-In, Ever: A new browser plug-in replaces the word “literally” with “figuratively” in online text.

Editorial Fellows: Kwame Akosah, Adiella Stadler, and Tom Norton.