There were a lot of items this week, so we are publishing an additional JETLawg:

  • Confirming that we have one foot in the utopian and one foot in the dystopian future, credit card thieves in Australia are apparently using 3D printers to make virtually undetectable ATM skimmers. These devices “skim” copies of the magnetic data on credit and debit cards, and are often used in conjunction with hidden cameras to illegally withdraw money using the card data and PIN number. [H/T SANS] [See also Brian Krebs, who was on this two years ago]
  • The EU has a new data breach reporting regulation, which applies directly in every member state. The prior regime was more variable across jurisdictions because it was enforced under each nation’s law. [H/T Hunton & Williams]
  • The World Intellectual Property Organization (WIPO) is almost finished adjudicating the disputes surrounding new generic top-level domains (gTLDs). Almost every objection decided so far has been rejected, including .cam, which we discussed last week. To date, only objections for.delmonte [PDF] (Del Monte Corporation) and .direct [PDF] (The DirecTV Group Inc.) have been upheld. The gTLDs .food, .music, .eco, .mail, .home, and .now have all been approved. [H/T Bloomberg BNA (paywall)]
  • A federal judged declined to strike counterclaims after a defendant accused of infringing copyright of an adult film countersued, alleging blackmail-like copyright misuse, abuse of process, and defamation. The defendant also claimed that the attorneys for the named corporation were the real parties in interest, which would be a major ethical violation. That’s right, Prenda Law is (allegedly) back in court. We previously wrote about Prenda here, here, and here. [H/T Bloomberg BNA (paywall)]
  • The GAO issued its report on patent trolls, or more politely, “non-practicing entities” (NPEs). GAO found that defendants usually bear most of the cost of litigation, encouraging questionable suits, and that poor-quality software patents accounted for most NPE activity. [H/T Bloomberg BNA (paywall)]

Finally, I have a piece up at Cybercrime Review analyzing a recent district court holding which addressed the impact of a website’s terms of service on a defendant’s Fourth Amendment objections. Read the whole thing, etc., but in short, the court found no problem with evidence developed by an investigator who had been given an administrator account by the site’s operator specifically to help with the investigation.

–Brad Edmondson

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