Patent Reform, Privacy and Copyright Enforcement
Congress Approves Patent Reform With Bank Bailout Provision
Patent Reform legislation that would change patent approvals from a first to invent to a first to file standard and create a procedure for a post grant review process to challenge bad patents has been sent from Congress to the White House for President Obama’s signature. The bill includes a controversial provision that would allow banks to escape liability for infringing check processing patents, which Rep. Rohrabacher railed against recently on Cyber Law and Business Report.
Privacy Icon Under Fire
Privacy advocates in both Europe and the U.S. are calling on regulators to reject the online marketing industry’s self regulatory program which has as its centerpiece the “Advertising Option Icon” near online ads that collect data used to conduct behavioral advertising. Users who click on the icon will receive a disclosure statement about the data collection and use practices associated with the ad along with the ability to opt-out of being tracked. Participating companies had until August 29 to implement the Advertising Option Icon, although a Stanford study found that barely one in ten ads had the icon.Compliance is monitored by the National Advertising Review Council.
The privacy advocates argue in a letter to the Federal Trade Commission that “consumers in both the US and EU are offered limited options, based on principles crafted by the digital marketing industry and ‘enforced’ by groups that do not represent consumers or governments and that are completely lacking in any independence from the industry they are intended to monitor.”