Litigation

new decision by the European Court of Justice holds that personal data can no longer be transferred to US entities on the basis of Safe Harbour certification. The move comes as the result of challenges to the Safe Harbour agreement levied after revelations about NSA surveillance programs exposed by Edward Snowden. The new ruling will require contract between private parties that detail the security measures being taken, meaning lots of paperwork and many billable hours.

Privacy & Cybersecurity

In a move that the ACLU calls a “landmark victory for digital privacy,” California passes the California Electronic Communications Privacy Act–the broadest and most stringent digital privacy law in the nation. The law extends digital data the same protections as their analog peers, including warrant requirements for obtaining customer metadata from businesses. True to form, the California law is more stringent than its federal counterpart, and may serve as a model for other governing bodies.

Sports

Fantasy sports giants FanDuel and DraftKings are in the hot seat for insider trading, with allegations that employees used confidential information in order to improve their chances of winning the sites’ one-week fantasy leagues. The firms have imposed a temporary moratorium on employee participation in the leagues after a DraftKings employee who leaked confidential information won $350,000 dollars via FanDuel. The NY State attorney general’s office has opened an investigation, and both companies have pledged to strengthen internal controls on employee access to information.

Telecommunications

The warming of US-Cuba relations results in expanded internet access for Cuban citizens. Previously limited to tourists and government officials, this summer thousands of Cubans have been able to access the internet for the first time, thanks to dozens of pay-as-you go Wi-Fi hotspots set up by the Castro government. Obama has also allowed US firms to invest in Cuba’s telecom industry. With only 5% of Cubans already online, it remains to be seen wither US telecom firms will seize the opportunity to connect Cuba’s citizens to the joys of Facebook and YouTube.

 

Note: The JETLaw Technology Staff is working to bring back the Monday morning blawg posts. We are a day late this week, but start looking for them on Monday mornings! Thank you Tony Jackson for getting this together on such short notice.

–Edmund Semmes, Senior Technology Editor


 

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