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CLIP-ings: November 2, 2012

Internet Governance
Amber Alerts: Google has partnered with the National Center for Missing and Exploited Children to display AMBER Alert warnings on search result pages when searches are conducted about areas in which children have been reported missing.
Hurricane Roaming Relief: In an effort to help customers whose cellular connections were affected by this week’s hurricane AT&T and T-Mobile will open their networks to each other’s users.


FISA Challenged: The same week that it heard cases about the constitutionality of dog-sniff searches the Supreme Court also heard arguments about whether privacy groups have standing to challenge secretive government surveillance policies in instances when those groups are unable to confirm whether or not they have been spied on.
Cameras on Private Property: Citing the limitations of “curtilage” (the area immediately surrounding a home) a federal judge in Wisconsin held that warrants are not required for police to place surveillance cameras in open fields, even when those fields are part of private property.

Information Security & Cyberthreats

Cybersecurity Partnership: The US and Canada have joined forces to create a bi-national cybersecurity strategy charged with protecting critical infrastructure and sharing threat information between the two nations.

Intellectual Property

First Sale Doctrine: This week the Supreme Court heard oral arguments in Kirtsaeng v. Wiley, a case that will determine how the first sale doctrine applies to copyrighted materials manufactured abroad and resold within the US.
Jailbreaking Tablets: The Copyright Office renewed its previous determination that jailbreaking smartphones is permitted under the DMCA’s fair use provisions, but decline to extend the same exemption to jailbreaking tablets.

Free Expression & Censorship

Fact Checking Twitter: As Hurricane Sandy hit the east coast this week, Twitter was a popular source of both true and fabricated information, raising questions about whether the site has any duty to police the accuracy of information spread by its users.

Practice Notes

Drafting Effective TOS: Using the Zappos Terms of Use that were recently found invalid by a Nevada court as a model, Eric Goldman provides some tips on how to draft enforceable online contracts, like using affirmative click through agreements and avoiding unilateral amendment clauses.

Lighter Side

Hurricane Faux-tography: Sandy or Sham-dy?

Editorial Fellows: Megan Bright, Gabrielle Cojuangco, Austen Ishii