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Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

YouTube Protected by CDA Immunity over Claims That It Provided Material Support to Terrorists

Following the reasoning of several past decisions, a California district court dismissed claims against Google under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333, for allegedly providing “material support” to ISIS by...more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

The Google Injunction: US Federal Court Responds to Supreme Court of Canada

by Field Law on

As noted in our recent summary of the Supreme Court of Canada (SCC) decision in the ongoing fight between Google and Equustek Solutions, Google lost in Canada’s top court. Google promptly filed an application in US Federal...more

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

Dutch Court Affirms Ban on Nonauthorized Online Resellers

by Jones Day on

The Ruling: On October 4, 2017, the Amsterdam District Court upheld Nike's ban on authorized distributors selling Nike products on the online platforms of unauthorized resellers. The Result: Under this Dutch ruling, a...more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

European Commission Releases Privacy Shield Annual Report

by Morgan Lewis on

In a positive development for companies relying on transatlantic data transfers, the European Commission (the Commission) recently announced that one year into the program, the EU-US Privacy Shield framework is functioning as...more

Legislators Introduce Bipartisan Legislation To Help Limit Foreign Interference In Elections

by King & Spalding on

On October 19, 2017, a bipartisan group of federal legislators introduced legislation to increase transparency of and accountability in online political advertisements in order to limit foreign interference in US elections....more

WP29 Issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR

by Alston & Bird on

On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”). European Union...more

Article 29 Working Party Publishes Guidelines on Automated Individual Decision Making and Profiling

by Reed Smith on

On 17 October 2017, the Article 29 Working Party (“Art 29 WP”) published draft guidelines on automated individual decision-making and profiling (“Guidelines”). In the Guidelines, the Art 29 WP states that profiling and...more

Are You A Cybersquatter, Or Are You Just Being Cyberbullied?

by Fox Rothschild LLP on

The last decade has seen an unprecedented growth in technology, which has paved the way for internet globalization and given new meaning to the term “international commerce”. Consequently, the digital highway has become...more

Location, Location, Location: Microsoft Debate Over Government’s Access to Overseas Data Heads to the Supreme Court

On October 16, 2017, the Supreme Court agreed to review the Second Circuit’s decision in United States v. Microsoft Corp., a case that highlights the current tension between law enforcement needs and privacy concerns in a...more

Article 29 Working Party Issues Guidance on Breach-Notification Obligations under GDPR

by Ballard Spahr LLP on

The Article 29 Working Party (WP29) recently issued guidelines regarding data controllers' notification obligations following security breaches involving the personal data of EU citizens....more

Key GDPR Guidance on Behavioral Advertising, Profiling and Automated Decision-Making

Spoiler Alert: Behavioral advertising companies will find some bad news in the guidance. The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European...more

European General Data Protection Regulation: GDPR Compliance for U.S. Business

The General Data Protection Regulation (GDPR) was approved by the European Union (EU) in 2016 and replaces the 1995 EU Data Protection Directive 95/46/EC. Enforcement begins May 25, 2018 – including the application of heavy...more

Data Privacy + Cybersecurity Insider - October 2017 #3

by Robinson & Cole LLP on

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

U.S. Supreme Court Takes Microsoft Corp. v. United States in Law Enforcement Access Row

by Hogan Lovells on

Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas. ...more

Should we regulate artificial intelligence?

by Hogan Lovells on

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks....more

Certiorari Grant This Week on Email Providers Served with Warrant for Emails

by Dorsey & Whitney LLP on

The Internet has not only become a backbone for social and business commerce, but, it has become a vehicle to pursue nefarious purposes. Law enforcement and intelligence agencies, believing that material evidence is located...more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by...more

Automated Decision-Making Under the GDPR – A Right for Individuals or A Prohibition for Controllers?

by Hogan Lovells on

The complexity of the EU General Data Protection Regulation (“GDPR”) is often alleviated by the guidance of regulatory authorities who contribute their practical interpretation of the black letter of the law and provide...more

United States v. Microsoft: Supreme Court to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

by Morrison & Foerster LLP on

On October 16, 2017, the Supreme Court announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

EU Digital Single Market Update – Online Platforms and Illegal Content

by Morrison & Foerster LLP on

As part of its Digital Single Market strategy, the European Commission has identified the issue of combatting illegal content online as a key challenge for online platforms. It has now released guidance to online platforms...more

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

U.S. Treasury Warns Financial Institutions of Venezuelan Corruption and Money Laundering

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury issued an advisory on September 20 warning U.S. financial institutions of “money laundering schemes used by corrupt Venezuelan...more

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