?? LWIL #71: FTC Sues Amazon, Crypto Side Doors, Google's Lost Battle, and More
What's on the docket this week:
Featured Story
Uber’s Issues
The backup Uber driver responsible for the fatal collision involving a self-driving vehicle in Phoenix back in 2018 has finally admitted her guilt. She claimed that the victim "came out of nowhere," conveniently failing to mention that she was distracted by streaming "The Voice" on one phone and messaging on another while driving.?
The driver’s attorneys tried to deflect blame onto Uber, arguing that they should have had a second employee in the vehicle. The prosecution rightfully pointed out that her only job was to pay attention to the road, but apparently, that was too much to ask. In the end, she got three years of supervised probation (her previous criminal history involving false statements and attempted robbery likely didn’t help).
?? IP/Transactional
USPTO’s Years-Long Data Leak
The U.S. Patent and Trademark Office (USPTO) has admitted to inadvertently exposing the private addresses of around 61,000 trademark applicants in a data spill. The agency stated that the applicants' private home addresses appeared in public records between February 2020 and March 2023. The issue was discovered in one of the USPTO's APIs, which enables communication between apps used by agency staff and filers. The exposed address data also appeared in bulk datasets published online by the USPTO. The agency has since blocked access to the affected APIs and has taken down the impacted bulk data products while implementing a permanent fix. USPTO apologized for the incident, stating that the problem was resolved in April 2023, and it believes there is no evidence of misuse of the data.
?? Litigation
FTC Sues Amazon Over Prime
The Federal Trade Commission (FTC) has filed a lawsuit against Amazon, accusing the company of using deceptive user interface designs to trick consumers into signing up for its Prime subscription service and making it difficult for them to cancel their memberships. The complaint alleges that Amazon used manipulative tactics and dark patterns to enroll consumers in automatically renewing Prime subscriptions. According to the FTC, Amazon made it much more difficult to cancel subscriptions than to sign up for Prime, creating a confusing and labyrinthine cancellation process. The lawsuit represents a significant step by the FTC in addressing harmful business practices that either lure or trap consumers through psychological tactics. Amazon, which has over 200 million paid Prime subscribers, has called the FTC's claims false and plans to contest the lawsuit. The case marks FTC Chair Lina Khan's first major lawsuit against Amazon since assuming her position.
?? Legaltech
A Crypto Side Door
The tiny Pacific island nation of Palau, best known for its diving spots, has been trying to make waves in the virtual world by providing a unique offering to foreigners. The government recently began advertising an opportunity where individuals could purchase a digital residency by using cryptocurrency. This digital residency status allows individuals to become a resident of Palau without physically living there. The program aims to attract investors and boost tourism revenue as the island relies heavily on tourism-related income. While the digital residency does not grant physical rights or privileges associated with traditional citizenship, it offers benefits like access to Palau's exclusive online communities and the ability to support the country's environmental and conservation efforts. However, some experts warn about the implications of such programs, including potential risks of tax evasion and money laundering. The article highlights the growing intersection of cryptocurrency and digital citizenship, raising questions about the future of such offerings and their regulatory implications.
领英推荐
?? Criminal/Politics
Border Searches of Cell Phones Require a Warrant
The district court judge in United States v. Smith recently made history by ruling that a warrant is required for a cell phone search at the border, absent exigent circumstances. This decision is significant as it is the first court ruling to require a warrant for such searches. The Electronic Frontier Foundation (EFF) has been advocating for a warrant for border searches of electronic devices for almost a decade and is thrilled about this ruling. The ruling applies Riley v. California's balancing test, which weighs the government's interests in warrantless access to cell phone data against individuals' privacy interests. The court concluded that travelers' privacy interests in their digital data are significant, and the government's interests in a warrantless search of cell phone data at the border are relatively weak compared to its interests in warrantless searches of physical items. Advocacy groups like The Electronic Frontier Foundation (EFF) have been pushing for privacy rights for almost a decade and after this recent decision, it is clear that it is making a difference as their arguments are being embraced by the courts.
?? Finance/Econ/Regulatory
Man Battling Google Wins 500k For Misleading Search Links
After years of trying to hold Google accountable for defamatory search results linking him to pedophilia, a Montreal man had finally won his lawsuit against the tech giant. The Quebec Supreme Court ruled that Google's interpretation of Canadian law was erroneous when denying his requests to remove the links. The plaintiff, a prominent businessman in the US and Canada who claimed his career had been ruined by these search results, discovered the defamatory post in 2007 on RipoffReport.com, but the website's founder refused to remove it. Unable to sue the website due to Quebec's time limitations, the man asked Google to make the post less discoverable, but the links kept resurfacing. Google's responses were inconsistent, at times complying with the requests and other times refusing them. Google initially claimed immunity under Section 230 of the Communications Decency Act and the Canada-United States-Mexico free trade agreement but failed to convince the court. The man was eventually awarded $500,000 for damages to his reputation and business deals, with the judge describing his experience battling Google as a waking nightmare.
?? Ethics
Don’t Steal the Macaroni
Discipline: Six month suspension.?
Until next week, adjourned.
Keith & Tracey
p.s. - please send me your stories, news, & tips for inclusion in future editions?[email protected]
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