It’s been a busy year, with a lot of technology developments, scandals, and big stories. Read on to check out the top 15 tech stories of 2014.

1. New York Court OKs Revenge Porn; Will the Legislature Act?

Revenge porn was one of the hottest legal topics of 2014. “Revenge porn” most frequently occurs when a person posts nude photographs of an ex-lover on the internet as a way to embarrass or degrade the ex. The photographs are often exchanged willingly, but after the relationship goes sour, a jilted ex may post the pictures in a public forum. The practice disproportionately targets women, and can truly damage someone’s life. In March, a New York court dismissed a revenge porn case, signaling that it may have been time for the legislature to step in.

2. The Dark Side of Snapchat Lands the Company in Hot Water

Snapchat, the messaging service that claims data instantly disappears upon receipt, found itself in hot water with the Federal Trade Commission (FTC) based on violations of the company’s own privacy and security policies in May. The FTC complaint mainly focused on accusations that Snapchat misled their customers by promising certain security and privacy features. Snapchat eventually settled the FTC case, but remains on probation and will require monitoring.

3. Technology and the Bullying Epidemic: The Case of Yik Yak

Between laptops, cellphones, tablets, and iPads, students have more access to technology than ever before. This comes with numerous benefits — but it also comes with a lot of responsibility. One app that took the college and high school technology scene by storm this year was Yik Yak, which allows users to post anonymously to a regional “virtual bulletin board.” While the app was invented in presumably good fun, there are concerns that the anonymity enables cyberbullies.

4. New Orleans Police Attempt to Regain Public Trust by Wearing Patrol Cameras

The Department of Justice investigation into the New Orleans Police Department following Hurricane Katrina resulted in sweeping reforms of the department, including the requirement that patrol officers wear body cameras in an effort to regain trust of the citizens. They hope to guarantee police accountability, as well as provide a resource for officers when they write their reports and testify. While how exactly to deal with implementing police cameras remains a question, it will be interesting to see what happens in New Orleans as a result.

5. Internet Fast Lanes Will Change How You Use the Web

Another hot tech topic this year was the concept of “net neutrality.” There’s been a lot of back and forth, and each major player–the Federal Communications Commission (FCC), the Internet Service Providers (ISPs) and our politicians, such as President Barack Obama, have their own takes. The legality of fast lanes is a tricky question–one that the FCC had to contend with this year.

6. Massive Celebrity Nude Photo Leak is Major Privacy Breach

Late this summer, a major leak of female celebrities’ nude photos hit the web. It was dubbed the “Fappening”–a form of crude wordplay. It included superstars such as Jennifer Lawrence, Ariana Grande, Rihanna, and Kate Upton. While some celebrities denied the validity of the photos and others embarked on conversations with the public, the whole scandal said a lot about the potentially false security of the internet, as well as the degrading way in which women are often treated on the web.

7. The Alibaba IPO: What Does Going Public Mean?

Chinese e-commerce giant Alibaba decided to go public this fall, and had the largest Initial Public Offering (IPO) in history. Alibaba’s success raised a lot of questions about what IPOs are, how they work, and what the various advantages and disadvantages are for companies. Alibaba’s extreme success is a sign that the stock market remained strong in 2014.

8. #GamerGate Takes Misogyny to a Whole New Level

Anita Sarkeesian and Brianna Wu, feminist cultural critic and video game developer, respectively, are two among a community of feminist gaming figures. They spoke out against misogyny and sexism in the gaming industry, and received threats, hatred, and truly vile responses. Sarkeesian had to cancel speaking appearances, and Wu was actually forced out of her home when her personal address was revealed. Sarkeesian and Wu were just a few of the players attacked in the #GamerGate trend that raged on late this fall.

9. AirBnB Winning Over San Francisco, With Some Rules

Airbnb is an innovative service for modern travel. It focuses heavily on community, flexibility, and the power of the internet. For many travelers, it’s been a great new tool. But not all governments feel the same way. There was a big debate this year in San Francisco, Airbnb’s home, over whether or not to pass a bill that would legalize the room-sharing network, with some caveats. It eventually passed, meaning that Airbnb will continue to operate in San Fran.

10. Privacy Board Calls NSA Eavesdropping Illegal 

One name has been making headlines around the country since June 2013. There have been many terms used to describe him, whether you see him as a traitor or a patriot, Edward Snowden has become a well known character within the United States. However, whether or not Snowden’s actions were legal is a completely different question.

11. Rideshare Infighting: Lyft Sues Uber Executive

Ridesharing rivals Lyft and Uber are going at in the courtroom as Lyft sues a former employee, now a current Uber exec, for stealing proprietary information. As the two leading companies in ridesharing–although Uber is quite a bit ahead of Lyft–there’s plenty of reason for the two to be competitive. The case in question regarded proprietary information that former Lyft executive Tyler VanderZaden may have taken with him when he moved from Lyft to Uber.

12. Bitcoin: What’s Next?

Bitcoin has grown into a major player in techno-currency, but what’s up next for the digital coin? Bitcoin is still trying to drag itself away from the perception that it’s used exclusively for criminal activities, and firmly establish a role in the mainstream. Regulations are also slowly starting to be put in place–it will be interesting to see Bitcoin’s future.

13. KKK vs. Anonymous: Cyberwar Declared over Ferguson Protests

The group of unnamed “hacktivists” Anonymous and the Ku Klux Klan have engaged in an apparent all-out cyber war over the events in Ferguson, Missouri. Anonymous was trying to prevent the KKK’s involvement in Ferguson-inspired protests, and took over many of the KKK’s social media accounts. The KKK responded with threats, and tensions continued to run high in Ferguson.

14. Aereo: The Martyr Files for Bankruptcy

Aereo, once hailed as a game-changer in the cable industry,  filed for bankruptcy. Despite valiant efforts, Aereo just could not overcome the legal and regulatory opposition that came after the Supreme Court decided Aereo’s business model was illegally violating copyright. Despite high hopes for the innovative idea, Aereo is now essentially dead in the water.

15. Please Stop Posting the Facebook Copyright Status

You know that Facebook copyright declaration you just posted? It’s useless. Seriously, it’s time to stop posting it. Every so often Facebook changes their terms and policies, and a bunch of people post a weird, incorrect disclaimer stating that they have copyright over their own content. The problem is that the notice does nothing, except confuse your Facebook friends who see it.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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I am wearing all black as I write this because it might as well be a funeral.

Sadly, Aereo is dead. The startup–which I had once believed to be a potential comeback kid has reached the end of its long and arduous battle; however, in a desperate attempt to retain hope, I am consoled by the revolutionary impact the small company seems to have made on the television industry. Aereo, a service provider that utilized small antennas to transmit broadcast signals to individual subscribers, filed for bankruptcy protection last week. Founder and CEO Chet Kanojia wrote in a letter to consumers:

We have traveled a long and challenging road. We stayed true to our mission and we believe that we have played a significant part in pushing the conversation forward, helping force positive change in the industry for consumers.

Despite valiant efforts, Aereo just could not overcome the legal and regulatory opposition that came after the Supreme Court decided Aereo’s business model was illegally violating copyright.

Shortly after the decision was released, Aereofiled for a cable license necessary for continued operation; however, the “Plan B” approach did not prove to be lucrative as the recent bankruptcy decision is Aereo’s best hope for maximizing its remaining value. With the filing for Chapter 11 reorganization proceedings, Aereo can put its legal woes behind it and sell any remaining assets that exist in the company. Lawton Bloom of Argus was appointed to serve as Chief Restructuring Officer.

William Baldiga, Aereo’s lawyer, announced that an auction of assets should occur on February 17, 2015, pending an approval hearing. “The company is now highly focused on devoting all its energy and limited resources to a transaction that will produce the highest and best return for our creditors and shareholders.”

U.S. Bankruptcy Judge Sean Lane granted various requests submitted by Aereo to allow what is left of the company to remain active during the liquidation period. Aereo has fired 75 of its 88 employees and greatly decreased remaining employee pay. Kanojia’s salary was cut in half.

While Aereo barely gained footing before its huge legal battle, the service forced major broadcasters to play offense instead of defense, recognizing a definitive hole in the cable market. Cord-cutters need programming too and Aereo may be the catalyst for a new business trend. Current broadcsting companies have already begun recognizing the internet television demand. CBS recently announced CBS All Access, a streaming service available by subscription for a $5.99 monthly fee. HBO also recently announced a streaming service independent of a cable subscription.

Although only existing content companies are dominating internet television by way of new services, it’s only a matter of time before new startups, supported by cloud technology, appear. The FCC is bracing itself for such an occurance. Last month, FCC chairman Tom Wheeler proposed a new rule that would allow internet television providers to license programming in an identical way to current cable and satellite companies. In an official FCC Blog post, Wheeler wrote:

Aereo recently visited the Commission to make exactly this point – that updating the definition of an MVPD [multichannel video programming distributor] will provide consumers with new choices. And perhaps consumers will not be forced to pay for channels they never watch.

So, although we are in a state of bereavement, heartbroken to see Aereo go, it will forever be the internet TV martyr that paved the way for the future of subscription streaming services.

Thank you, Aereo, for such innovation. You will be missed.

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Introducing first, in one corner, weighing the equivalent of nine justices, hailing from Washington D.C., backed by broadcasters, the well educated, ever respected SUPREEEEME COURT!

In the other corner, less than one pound and the size of a dime, young and feisty, hailing from New York, the crowd favorite, the underdog, the AEREO ANTENNAAAA!

Well, folks… we all know how this fight ended. The Supreme Court, in a 6-3 decision, beat Aereo’s butt on the grounds of copyright infringement.

Nobody thought that Aereo, bruised and beaten from being on the ropes, would ever return to the ring. But have we found our comeback kid? It seems Aereo wants to brawl after broadcasters requested that a New York court order Aereo to cease business across the country. In new court papers, Aereo demands another chance. The Internet television provider insists it be given the necessary cable license for operation, legally allowing it to transmit broadcast TV shows.

“It would be illogical and fundamentally unfair to find that Aereo’s ‘Watch Now’ functionality is a ‘cable system’ …for the public performance analysis, but is not entitled to a compulsory license under the same,” Aereo asserts.

Odds are up in the air for this aggressive little company. A competitor of similar build, ivi TV was recently shot down after also requesting the same compulsory license in New York. So, why is the crowd still cheering for Aereo? Its individual attention to its fans! ivi TV’s transmissions were nationwide while Aereo only offered shows to those who subscribed to its service. This slight difference in technique can be just enough to bring victory to Aereo in this rematch with the judicial system.

Aereo enters this match insisting it’s a clean fighter, reminding the courts that it has “failed to show any imminent irreparable harm.” The company asks, “What better proof could there be that claimed harms are not imminent…than what actually happened when the complained-of actions went on for years?” Hope for this underdog comes from statements like that of Supreme Court Justice Stephen Breyer who has said that there are no “behind the scenes technological differences” that discern Aereo from actual cable companies.

Meanwhile, more fighters are gearing up to enter the competition. In an attempt to fill the Aereo void, TiVo has come forward with its new ‘OTA’ device, and Roku has plans for smart televisions with Aereo-like technology already integrated into the devices.

Let’s not forget about the common theme in all of this, however: that damn cloud. Problems surrounding Cloud service have not specifically been addressed, even in the Supreme Court opinion of Aereo’s ruling. Not wanting to overreach, the Justices cited that they could not “answer more precisely how the Transmit Clause or other provisions of the Copyright Act will apply to technologies not before us… Questions involving cloud computing (remote storage) DVRs and other novel issues not before the Court… should await a case in which they are squarely presented.”

So, much like a cloud, the fate of this new technology is still up in the air. For now, all we can do is follow the IP scuffles that occur on the ground and in the courtroom.

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Alexandra Badalamenti (@AlexBadalamenti) is a Jersey girl and soon-to-be graduate of Fordham University in Lincoln Center. She plans to enroll in law school next year to study Entertainment Law. On any given day, you’ll find her with big blonde hair, high heels, tall Nashville dreams, and holding a newspaper or venti latte.

Featured image courtesy of [Kristin Wall via Flickr]

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Tech startup Aereo continued to disrupt the market this week when the Supreme Court heard arguments in the American Broadcasting Companies Inc. v. Aereo Inc. case. The case has garnered lots of attention in the technology community due to the implications it may have on Cloud services. Essentially, Aereo provides an electronic antenna that picks up and broadcasts existing signals with the added bonus of being a virtual recorder and storage locker.  Aereo’s creation is brilliant, but as seems to be the case with many such tech developments, it may have outpaced current laws and policy.

Broadcasting companies believe copyrighted content is illegally transmitted through the internet from Aereo to Aereo’s paying subscribers. Companies such as ABC, NBC, CBS, Fox, and PBS allege that the company is publicly performing by transmitting content without proper licensing and payment of royalty fees — a violation of intellectual property laws.

Broadcast Companies are using the 1976 Copyright Act definition of transmission to prove that Aereo’s transmission of content is a public performance, while Aereo’s customers are private performers. This distinction is important because private performances are exempt from obtaining licenses and paying fees for copyrighted content, while public performances are not.  Paul Clement, the attorney working on behalf of the broadcast company petitioners, recognizes that a person or company that sells traditional antennas would not be involved in a public performance; however, he asserts that Aereo’s use of ongoing services, even if considered a rented service, exploits the use of copyrighted works and therefore represents a public performance and a violation of the Copyright Act.

In response to questions from Justices Alito and Kennedy about the difference between Aereo’s services and the DVR service provided by companies like CableVision, Clement responded that unlike Aereo, CableVision acquired licenses to receive their content in the first place. Because CableVision’s customers are recording and storing content for private use that the company was given permission to transmit, CableVision’s DVR service was rightfully excluded from obtaining a reproduction license. Aereo did not obtained permission to access the content that they allow their customers to stream, record, and store.

The use of Aereo allows its customers to only view local over-the-air broadcasts, the signals for which are free to the public, which makes the sale and private use of antennas to disseminate these broadcasts a lawful act. Aereo asserts that they are not publicly performing because they are equipment providers, no different than a company that sells antennas. This equipment provides access to free, public content, which is different from providing content in the first place. Aereo attorney David Frederick cited Sony Corp. v. Universal City Studios as precedent for the lawful use of Aereo’s DVR service. The Sony decision held that consumers have the right to record local over-the-air broadcasts for private use. Since Aereo is renting equipment that provides access to free local content, the company argues that they’re not in violation of the Copyright Act.

What is bothersome to Aereo, and potentially problematic to Cloud service, is the interpretation of the Copyright Act’s Transmission Clause. Aereo believes that the petitioners’ interpretation qualifies any device or process disseminating works to the public, as a public performance, thereby requiring licenses and payment of royalties, which could be detrimental to cloud computing. Clement; however, was clear on the subject of cloud computing and doesn’t believe a decision in his clients’ favor should threaten that technology’s future.

Whether anyone believes that a decision against Aereo should threaten Cloud’s future or not is irrelevant — the more important question is, could it be applied when considering cloud computing? I’m not sure how the Supreme Court will rule, but I do believe this decision will affect cloud computing no matter the outcome.

Aereo is the twenty-first century solution to the discontinued use of antennas and VCRs. If the Supreme Court rules in its favor, Aereo could build on its existing technology and become an entity more comparable to a cable company, at which time they should be responsible for proper licensing and adherence to copyright laws. Technology is constantly changing and challenging older, more established technologies and industries — this is exactly what drives continued innovation. A ruling against Aereo would stifle this innovative growth.

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Teerah Goodrum (@AisleNotes), is a graduate student at Howard University with a concentration in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football.

Featured image courtesy of [Adam Fagen via Flickr]

Teerah Goodrum

Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

The post Aereo Technology Drives Innovation, But How Will SCOTUS Rule? appeared first on Law Street.

In 2012, a new company called Aereo launched. It offered a revolutionary new way to watch TV. Essentially, Aereo provides subscribers with a small antenna about the size of a dime that receives TV signals. The dime is kept in a remote local area and then streams TV to any device in the house with Internet access such as a computer, tablet or smartphone. In addition, it’s possible to send the content to an actual TV if you have the correct cables or a streaming device such as Apple TV. Aereo also includes a DVR feature. All of this is extremely cheap–it costs about $1 a day, plus some DVR storage charges. Aereo began in New York City, and now includes Atlanta, Dallas, Denver, Detroit, Houston, Miami, and Salt Lake City. They have plans to expand to most other major cities in coming years. Aereo mostly streams basic channels and public access–not cable. For some more background on the company from the Intellectual Property side, check this out. 

Aereo is a great solution at a time when more and more people, mainly young people, can access most of their TV needs online. Services like Netflix and Hulu+ are cheaper than a traditional cable plan. Itunes allows you buy a subscription to one show for a season, which is convenient when you only want one show on a given cable network. I don’t have a TV or cable package–people are always shocked when I tell them this, but a combination of Netflix, inviting myself to watch shows at friends’ houses, and other internet sources work just fine for me. Earlier this year, a tech reporter for HuffPost reviewed Aereo and was pretty happy with the convenience for a cheap price.

Almost as soon as Aereo started, it received ire from the largest broadcasting companies. ABC, NBC, CBS, and FOX are officially involved in lawsuits, while other networks, such as Univision, have voiced their support for their fellow networks. The case has gone through a few series of appeals, and as on Friday, the Supreme Court announced their decision to take the case. On every appeal, the courts have so far sided with Aero.

The legal argument made by the broadcasting companies boils down to the fact that they are not receiving compensation for Aereo’s services, the way they do from a company such as Verizon or a local provider. Aereo also doesn’t have a license to show any of this content. Paul Clement, a lawyer for the network stated the case raised issues in copyright law that, “profoundly affect, and potentially endanger, over-the-air-broadcast television.”

Aereo’s response is that they do not create public performances, which law prevents, but because they just send individual signals, that is not the case. They just access the signals that the TV channels have broadcasted, and that consumers have always had the right to use antennas to access TV. The court has sided with Aereo twice on that argument so far, but the start-up still encouraged the Supreme Court to take the case.

The case does have some interesting potentially implications. For example, if Aereo wins, some broadcasting companies may move towards subscription streaming (FOX has already threatened this), which would be costly and difficult.

The ultimate question at issue here is, as it seems to be so often these days, the intersection between law and technology–technology has clearly outpaced the law. But is that a bad thing? The Supreme Court will shed some light on that topic in coming months.

[ABC News]

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Miguel Pires da Rosa via Wikipedia]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Last Thursday, Aereo requested that a federal court in Manhattan rule that its business offers legal services. The gist of Aereo, founded in New York, is to transmit local TV broadcasting to pai subscribers of the service over the internet. As a Comcast customer who’s consistently unsatisfied with my service features to monthly payment ratio, I can envision the untapped market that Aereo is attempting to reach. Consumers still want their daily intake of local news, and occasionally some Grey’s Anatomy and Scandal, but don’t want to be obligated to pay $80 a month for additional channels that their schedule doesn’t permit them to enjoy.

The service is $8 per month and enables customers who don’t want to pay ridiculous amounts for cable television to access local broadcasting.  Broadcasters have asked the U.S. Supreme Court to chime in and voice their perspective on Aereo’s services. This is long overdue as Aereo has already been subjected to suits in New York, Boston, and now Utah by major broadcasters such as ABC, NBC, and CBS. Broadcasters argue that their copyrights are being violated because Aereo is taking their signals without their permission and showcasing them to online viewers. Conversely, Aereo points out that it is already legal for viewers to use their own antennas and pick up local tv broadcasts. Additionally, viewers can legally record these broadcasts and replay them at a later time. The Aereo method is to rent out tiny antennas, capture free content in the public airwaves, and stream the content to your internet-enabled devices. So essentially, Aereo only utilizes tools that are legal, making broadcasters throughout the nation cause an uproar in our judicial system because the service has found a way to circumvent their licensing fees.

Federal courts in New York and Boston have allowed Aereo to continue to operate throughout the pending lawsuits, noting that broadcasters have not shown a high probability of winning their cases to warrant an injunction. The service launched a year ago, and there are already (approximately) 90,000-135,000 subscribers of the Aereo service in New York alone.

There is no copyright infringement here, ABC. That’s why injunctions have been denied, and the service has been upheld in different locales for over a year now. The real reason that the broadcasters are experiencing mood-changing-panty-bunching is because Aereo is threatening to interrupt the television system that brings them billions of dollars each year. Cable companies, such as Comcast  (I HATE YOU, COMCAST!), charge us a shit-ton to view local broadcasting, such as NBC and ABC, because they pay these broadcasters billions in retransmission fees to include their shows in subscriptions. And what does Aereo pay? Nothing.

Perhaps this is why Comcast was so eager to haggle with me when I threatened to cancel my service a few weeks ago. Makes sense.  If cable companies don’t begin offering better prices, sooner rather than later Netflix, Apple TV, and now Aereo will replace them faster than DVD players won over VCR owners. And I’ll be the first to go.

I either need to cancel my service, get a hanger and try to reel in some news stations for myself or practice what I preach and join Aereo when it arrives in D.C.

Gena.

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Featured image courtesy of [Pablo Menezo via Flickr]

Gena Thomas

Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

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