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CLIP-ings: March 22, 2013

Internet Governance
Upcoming E-Sales Tax Vote: The Senate will decide whether to move the Marketplace Fairness Act forward, a bill that would require online retailers earning over $1 million to collect sales taxes from purchasers in those states that tax retail transactions. 


Searching Arrestee’s Phones: The ACLU sued the San Francisco Police Department on Wednesday, challenging warrantless searches of arrestees’ cell phones as a violation of the First Amendment rights of those arrested as well as the rights of their contacts.
Update On E-Mail Privacy Law:  A House Judiciary Subcommittee held a hearing focusing on law enforcement’s access to stored information to update the 1986 Electronic Communications Privacy Act that outlines how government agencies can demand information from different entities and how they can conduct surveillance.

Information Security & Cyberthreats

FL Election Hacked: In the first documented cyberattack against an election in the U.S., an unsophisticated online hack from abroad successfully solicited numerous absentee ballots for a Florida primary election, demonstrating computer experts’ worries for the corruption of the election process.

Intellectual Property

Safe Harbor Upheld: The Ninth Circuit rejected UMG Recordings’ attempt to undermine Veoh’s DMCA safe harbor protection, which immunizes user-generated content sites from copyright liability so long as they immediately respond to copyright holders’ takedown requests.

Free Expression & Censorship

No NSL: A federal judge in California struck down the Patriot Act provision that allowed the FBI to secretly collect subscriber information from Internet companies and other communications service providers and that forbade those companies from disclosing the FBI orders known as National Security Letters.

Practice Notes

New Ad Rules: The FTC updates its guidelines for legally compliant online ad disclosures, focusing not only on web sites but also social media and mobile activities.

On the Lighter Side

Penguin With Ipad: Even penguins like Apple.

Editorial Fellows:

Grace Nam

Austen Ishii