Topics Internet Law Update

New Exemptions to the Prohibition on Circumvention of Technological Measures

 The US Copyright Office has codified new exemptions to section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumventing technological measures used to prevent unauthorized access to copyrighted works. 
Software and its copyright-protected code are an integral part of most devices. Device manufacturers argued that breaking the software locks as part of replacing parts or modifying devices is ...

California Net Neutrality Rules Become Law as Federal Gov't Moves to Invalidate Them

California Governor Jerry Brown has signed into law the California Internet neutrality rules, which make it unlawful for Internet access providers to block, degrade or de-prioritize Internet traffic, applications or services. The California rules, set to take effect on January 1, 2019, are aimed at ensuring that internet access providers treat all Internet traffic equally, by refraining from prioritizing Internet ...

Israeli Securities Authority Clarifies Cyber-related Disclosure Requirments

The Israeli Securities Authority (ISA) has issued an opinion stating its intention to clarify existing disclosure requirements concerning cyber related risks. The new requirements aim to increase the awareness of publicly traded companies to such risks and their reporting obligations in cases of cyber incidents. 
The opinion focuses on disclosure requirements in companies’ Prospectus or Periodic Report, and immediate disclosures during ...

American and UK Companies Face Elevating Regulatory Fines for Data Breaches

Uber has agreed to settle a U.S. nationwide investigation into its 2016 data breach for $148 million. The ridesharing company’s 2016 breach led to the leak of personal data of 57 million Uber users and drivers, yet the company kept the breach undisclosed for two years and intentionally refrained from informing consumers and regulators, in violation of state data breach ...

New North American Trade Agreement Establishes Rules on Privacy, Cyber and Liability of Internet Service Providors

The United States, Mexico and Canada announced a new multinational trade agreement, known as the “USMCA”, replacing the 1990s North American Free Trade Agreement (NAFTA). The USMCA is expected to be signed and come into force in the coming months. It includes an extensive chapter on e-commerce, privacy and cyber, and limitation of liability of internet service providers. Among other ...

Joint Statement by Regulators On EU-US Privacy Sheild

The European Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, and the U.S. Secretary of Commerce, Wilbur Ross, issued a joint statement following the Second Annual EU-U.S. Privacy Shield Review, declaring the following:

  • Since its inception in 2016, nearly 4,000 companies have made legally enforceable commitments to comply with the Privacy Shield framework; 
  • The significant growth of the program ...

Microsoft Joins Patent Network that Protects Linux Open Source Software Programs

Microsoft joined the Open Innovation Network, an initiative dedicated to protecting Linux and other open source software from patent risk. The Network is comprised of about 2,650 companies, including numerous Fortune 500 enterprises. It is a voluntary system of patent cross-licenses between member companies.  
Microsoft’s Corporate Vice President, Erich Andersen, described the decision to join the Open Innovation Network ...

UK Gov't Reveals Some of Its Post-Brexit Data Protection Plans

The UK Government has issued guidance explaining the probable data protection consequences of the UK leaving the EU without mutual agreement with the EU authorities on March 29, 2019. The UK Government views this “no-deal” scenario unlikely but underscores its responsibility “to prepare for all eventualities”.

The guidance explains that upon Brexit, the EU General Data Protection Regulation (GDPR) will ...

More from Internet Law Update