A simpler [university] IP process (InsideHigherEd, 25 Feb 2014) – In an attempt to make it easier for researchers to commercialize their work, officials at Cornell University’s New York City campus are reconsidering how they make money off intellectual property. Instead of going through a laborious revenue-sharing negotiation with researchers who believe they have a valuable idea, an institute at Cornell Tech is going to let a set of postdocs keep exclusive license to their IP and take a fixed dollar amount of equity if the researchers create a spinoff company. Officials believe this simple deal will cut through red tape that discourages both inventors and investors from working with academic software developers. The institution’s experiment comes at a time of much debate about how universities take new technologies from collegiate laboratories to the commercial marketplace. The Joan and Irwin Jacobs Technion-Cornell Innovation Institute—a joint nonprofit created by Cornell and Technion, an Israeli-based technology institute, and temporarily housed in Google’s Manhattan office—is modeling its role after that of angel investors, which typically invest up to $200,000 in companies just getting off the ground. The institute is considering postdocs’ salary and time on campus as an angel investment worth $150,000. If the postdoc decides to create a spinoff, that $150,000 would be converted to equity in the resulting startup company—roughly 5 percent for a startup that got a few million dollars in initial funding. But unlike other universities that ask for equity, the institute’s stake would automatically shrink as new investors put in money, said the institute’s director, Adam Shwartz.

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Here’s how Twitter might challenge the NSA’s gag order (Washington Post, 10 Feb 2014; interview with Eugene Volokh) – The United States government limits how much companies can disclose about their cooperation with surveillance by the National Security Agency and other federal agencies. Government officials have insisted that Internet companies such as Google and Microsoft report the number of surveillance requests only in broad numeric ranges. In a Thursday blog post, Twitter wrote that it was unsatisfied with this arrangement, and was “considering legal options we may have to seek to defend our First Amendment rights.” The company argues that it has a right to disclose specific details about the extent of its participation in U.S. surveillance programs. Would such a legal challenge succeed? To find out, I asked Eugene Volokh, a prominent First Amendment scholar at the University of California-Los Angeles. His blog, the Volokh Conspiracy , is hosted by the Washington Post. We spoke by phone on Friday. The transcript has been edited for length and clarity * * *

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Ninth Circuit allows CNN motion to dismiss captioning complaint (Broadcasting & Cable, 7 Feb 2014) – A California court has backed a CNN argument that it did not have to closed-caption online clips. A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit earlier this week vacated a district court’s order denying CNN’s motion to dismiss a lawsuit by the Greater Los Angeles Agency on Deafness (GLAAD) that sought to force CNN to caption video clips on its Web site, arguing that not to do so violated the state’s Disabled Persons Act (DPA). The Court found that the claim of equal access under DPA was trumped by a California statute providing for “for the early dismissal of meritless lawsuits arising from a defendant’s conduct in furtherance of its free speech rights.” It said the California legislature had made it clear that statute was to be read broadly. The court also found that GLAAD was unlikely to win under invocation of California’s Unruh Civil Rights Act because it had not shown an intent to discriminate by CNN based on disability. But the court breathed some life into the GLAAD argument by leaving open the question of whether DPA applied in the case of accessibility via Web captions. CNN said DPA did not apply to virtual locations like the Internet. The Ninth Circuit panel reserved judgment and asked the Supreme Court to weigh in on that question, saying “The final question, whether the DPA applies to websites, is an important question of California law and raises an issue of significant public concern.”

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ALA launches free e-government webinar series (ALA, 4 Feb 2014) – The American Library Association (ALA) and the Information Policy & Access Center (iPAC) at the University of Maryland at College Park are pleased to announce the re-launch of Lib2Gov , an online e-government resource for librarians. Over the past few months, both organizations have worked to transition LibEGov-a project supported by the Institute of Museum and Library Services through a National Leadership Grant-into Lib2Gov . The redesigned website Lib2Gov allows libraries and government agencies to come together and collaborate, share resources and build a community of practice. Lib2Gov now provides a dedicated space where librarians can share materials, lesson plans, tutorials, stories, and other e-government content. The website offers a variety of resources from government agencies and organizations, including information on immigration, taxation, social security and healthcare. In a few weeks, both organizations will host a new monthly webinar series, “E-government @ Your Library.” The webinars will explore a variety of e-government topics that will be of interest to librarians, including mobile government and emergency preparedness, response and recovery. All webinars are free and will be archived on the Lib2Gov site. The webinar schedule for Winter/Spring 2014 * * *

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Hulu hoops: standing & damages as threshold issues in privacy cases (Paul Hastings, Jan 2014) – Imagine you are in the mall, and you overhear an interaction between a clerk and another shopper. The clerk asks to see a drivers’ license to verify their identity. The clerk then remarks, “Your age makes you eligible for our senior discount-you get 10% off on this order!” The shopper, aghast, threatens to sue the store. It’s seemingly an empty threat-you can’t sue without being hurt, right? According to a California magistrate judge, that’s not necessarily true-at least in the context of privacy lawsuits. And as the number of privacy suits continue to skyrocket, that means the cost of doing business is about to go up. That commonsense inkling that someone must be injured in some tangible way to pursue a lawsuit (at least, a lawsuit in federal court) is codified in Article III of US Constitution, in a legal doctrine known as “standing.” To show standing, a plaintiff must allege an injury that is (1) “concrete and particularized” and “actual or imminent,” (2) traceable to an action by a defendant, and (3) able to be redressed by a decision of the court. This hurdle has been historically difficult to overcome in privacy suits, where the “injuries” are often nebulous concepts like a “violation of privacy” or “slowing down my computer with cookies.” See, e.g., In Re DoubleClick, Inc. Privacy Litigation, 154 F. Supp. 2d 497 (S.D.N.Y. 2001) (rejecting plaintiffs’ damages theories under the CFAA, holding that the cost of “remediate” cookies and the alleged decreased value of personal information fail to meet the CFAA damages requirement). But times, they are changing. The Ninth Circuit-a hotbed of innovation and the home jurisdiction for many of the tech companies being sued-has decided that in some cases, simply invoking the name of a federal statute and alleging its violation can provide standing.

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A new “target” on their backs: Target’s officers and directors face derivative action arising out of data breach (Global Regulatory Enforcement Law Blog, 30 Jan 2014) – In the wake of its massive data breach, Target now faces a shareholder derivative lawsuit, filed January 29, 2014. The suit alleges that Target’s board members and directors breached their fiduciary duties to the company by ignoring warning signs that such a breach could occur, and misleading affected consumers about the scope of the breach after it occurred. Target already faces dozens of consumer class actions filed by those affected by the breach, putative class actions filed by banks, federal and state law enforcement investigations, and congressional inquiries. This derivative action alleges that Target’s board members and directors failed to comply with internal processes related to data security and “participated in the maintenance of inadequate cyber-security controls.” In addition, the suit alleges that Target was likely not in compliance with the Payment Card Industry’s (PCI) Data Security Standards for handling payment card information. The complaint goes on to allege that Target is damaged by having to expend significant resources to: investigate the breach, notify affected customers, provide credit monitoring to affected customers, cooperate with federal and state law enforcement agency investigations, and defend the multitude of class actions. The derivate action also alleges that Target has suffered significant reputational damage that has directly impacted the retailer’s revenue.

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