Blog Post

More Surveillance is not More Helpful

Xiang Qi

The majority of McDonald’s restaurants in the United States have installed cameras on sight. This naturally would lead to less efforts by the police in order to catch a thief when almost all the drive-through restaurants have a camera to record people who try to drive off without paying, or to catch employee theft. However, Target, for example, is not willing to share a suspect’s order record even though it is equipped extensively with security cameras in the vicinity.

Uber, also having GPS data on every ride, allows drivers to use their own cameras in cars. [2] However, Uber has no control over if their drivers are putting cameras in the cars or if they keep the cameras open after installing them. Because most of the stores which install security cameras abide by the store’s policy with respect to security footage, it is difficult for the police to obtain security footage in a timely fashion. For example, Target had already deleted its footage when the police department approach them one month after a theft.

Dunkin’ Donuts Removes Splenda From Stores Nationwide, Resulting in Trademark Lawsuit

Lindsey Marie Round

Trouble is brewing in Dunkin’ Donuts stores nationwide. As of April 30, 2016, Dunkin’ Donuts no longer offers Splenda brand sweetener to its customers.[1]  A generic sweetener in similar pastel yellow packets has recently replaced Splenda in stores throughout the country.[2] Consequently, it appears that many customers, and possibly employees, are deceived as to what sweetener is contained in those yellow packets. Heartland Consumer Products, which owns Splenda, has sued Dunkin’ Brands, Inc. and Dunkin’ Donuts Franchised Restaurants in the United States District Court in Indianapolis.[3] Heartland is suing under both state and federal laws.[4] It argues that this misinformation is detrimental to Splenda’s intellectual property rights and its name.[5] It claims that without “sufficient cues” to inform customers, this change constitutes trade-dress infringement.[6]

While the product Dunkin’ Donuts is providing does not say anywhere on it that it is Splenda, trademarks are often so ingrained in peoples’ minds that simply providing these packets without further distinction causes confusion. The packets currently at Dunkin’ Donuts stores do not contain any brand name on the exterior, besides that of Dunkin’ Donuts, and affirmatively indicate that the product is manufactured by Chicago-based Marisant.[7] However, many avid coffee drinkers assume that the yellow packets of sweetener offered at any coffee shop are Splenda sweetener. Therefore, it is easy to see how customers who are used to receiving Splenda sweetener when they visit Dunkin’ Donuts may just assume that this is still the case. In fact, Dunkin’ Donuts had provided Splenda to its customers from 2005 until it made this switch in the last year.[8] Furthermore, employees have even informed customers that this generic product is Splenda.[9] To be fair, these employees may not be aware that that the product is a generic sweetener and that they are lying to customers, but Heartland, perhaps rightfully so, believes that this misinformation must be set straight.

While Heartland may get the injunction that it seeks, the interesting question will be if Dunkin’ Donuts decides to return to distributing Splenda products or if it will simply change the packaging of the generic product. Since many customers asked employees whether the product they were using was in fact Splenda, it is clear that this is a product that they care about and desire to consume. If this is the case, and Dunkin’ Donuts wishes to retain these customers, it is possible that authentic Splenda sweetener will make a return to Dunkin’ Donuts stores in the near future.

 

[1] Barbara Grizinic, Splenda Maker Sour Over Dunkin’s Sweetener in Trademark Suit, Reuters Legal (Nov. 9, 2016), https://1.next.westlaw.com/Document/I2d099e70a66d11e69a8693546f81f9ce/View/FullText.html

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Grizinic, supra note 1.

[7] Fatima Hussein, Splenda Lawsuit Hits Sour Note with Dunkin’ Donuts, The Indianapolis Star (Nov. 13, 2016), http://www.usatoday.com/story/money/nation-now/2016/11/13/splenda-lawsuit-hits-sour-note-dunkin-donuts/93771032/

[8] Grizinic, supra note 1.

[9] Id.
  

Galaxy Note 7 Disease Spread to Other Samsung Products

Xiang Qi

Samsung has been playing cute in face of newly found issues with its home and kitchen appliances. It has recalled more than 144,000 washing machines in Australia as they are prone to exploding. Over the years, Samsung has issued a series of recalls worldwide from microwave ovens in the United States to refrigerators in South Korea. The approach Samsung took to dealing with customer’s complaint has exposed its bureaucratic way of management again and again. In one recall, Samsung even delayed refund to the customers so they coudl have better looking financial report to their shareholders at the end of the year.

In contrast, although Apple also had a few recalls in the past few years of its Beats speakers and iPod Nanos due to overheating issues, the company managed to settle the aftermath of those recall quickly to the satisfaction of the customers. While Samsung’s spokeswoman claims that customer safety is Samsung’s top priority, it remains to be seen if the company is going to change the way it has been dealing with increasing user’s rage.

Companies Blame Smartphone Apps for Rise in Traffic Fatalities

Samantha Cirillo

Increasingly within the past decade, smartphones have become a major part of our everyday lives. For some, this may mean cell phone use while driving. Insurance companies are convinced that the sudden rise in traffic fatalities is due to the use of cell phone apps. Companies have identified this issue as the “new normal” and are now tasked with finding an adequate solution.

In 2015, the number of roadway fatalities was at its highest rate in over 50 years. In 2016, the number of fatalities have only continued to rise with a 10.4 percent increase since the calculation of the 2015 statistics.

Some recent cases involving the Snapchat app, have brought the issue to the public’s attention. A newly added feature on Snapchat allows individuals to see the speed they are traveling. In October 2016 a driver recorded a video on snapchat of her car traveling at 115 mph. She recorded this video minutes before colliding with another car and killing 5 people.

To address the issue of app use while driving, car manufacturers have created software that allows voice recognition to control texts, calls, and apps including Pandora and Spotify. Two major programs, Ford’s Sync and Apple’s CarPlay, allow a simplified phone menu to be displayed on the car’s dash in hopes of reducing driver distractions. However, the president of the National Safety Council, Deborah Hersman, has stated that it remains unclear whether these programs have reduced the level of distractions. Instead, Hersman believes that programs such as Sync and CarPlay, may actually be enabling phone use by creating easier ways to access your phone while driving.

The increasing rate of highway fatalities, is a major public safety concern that needs to be addressed. The Department of Transportation has allocated resources to develop a “Road to Zero” strategy of eliminating roadway fatalities within the next 30 years. However, the amount of attention this issue receives in the future is largely based upon the newly appointed administration under President Elect Donald Trump.
Neal E. Boudette, Biggest Spike in Traffic Deaths in 50 Years? Blame Apps, T?? N?? Y??? T???? (Nov. 15, 2016), http://www.nytimes.com/2016/11/16/business/tech-distractions-blamed-for-rise-in-traffic-fatalities.html.

November FDA Update – Development of Zika Virus Pathology Model

William Salage

Scientists at FDA have developed a neonatal mouse model that provides a platform for potentially improving studies to understand the pathology of the Zika virus. The model was published in PLoS Pathogens, is the description of a neonatal mouse model that provides a platform for potentially improving and expediting studies to understand the causes and effects (pathology) of the Zika virus.

This medical advancement is sorely needed in the fight against Zika. The recent spread of the Zika virus and its association with increased rates of neurological disorders and complex congenital syndromes, such as microcephaly in babies and Guillain-Barré Syndrome in adults, has created an urgent need for animal models to examine the virus’ pathology. Better understanding the impact and long-term effects of the Zika virus infection in mice may be useful in efforts to find ways to combat it in a human population. While past research indicated that only mice with compromised immune systems are susceptible to Zika virus infection, this study shows that neonatal mice with otherwise healthy immune systems are also susceptible.

The new model, described in PLoS Pathogens, uses the C57BL/6 mouse strain. Neonatal mice of this strain are susceptible to the Zika virus, per FDA researchers, and the mice develop neurological symptoms 12 days after infection.

Most encouraging however, the FDA agency is also working on ways to respond to the Zika virus outbreak including protecting the US supply of blood, human cells, tissues, and tissue-based products. FDA is accomplishing this goal by incenting and prioritizing the “development of diagnostic tests to help clinicians detect and diagnose Zika virus infection, and evaluating the safety and efficacy of any investigational vaccines and therapeutics that are currently in various stages of early development.”

What Trump Means for Technology

Shamsheer Kailey

With Donald Trump having been elected as the new President of USA, attention has shifted to how his policies will impact various fields – one of them being technology. While Obama’s policies were pro-innovation, there are a lot of uncertainties with Trump and his policies. A US based nonprofit group, Information Technology and Innovation Foundation, conducted research pulling together what Trump has said about technology and what that means for technology.

Privacy and encryption

Post the shootings in San Bernardino, FBI asked Apple to assist in investigation by weakening its encryption on the iPhone, something Apple refused to comply with. Trump was of different opinion. He said at a Campaign rally in February 2016, “Boycott Apple until such time as they give that information.”

Trump also mentioned restoring the Patriot Act which gives NSA the power to collect data in bulk on American’s phone records. Mr. Trump seems to favor security over privacy and it is currently difficult to say how far he will go with the policies on security.

Bringing foreign talent to Silicon Valley

Tech firms depend on HI-B visa to fill ranks with skilled developers. Though temporary visa, companies can sponsor the employee to remain in US indefinitely.

In a CNN Republican debate held in March 2016, Trump said that even though he uses H1-B visa for his employees, it is bad for business and the workers and should not be used. He seems to believe that the visa is used to bring cheap and skilled labor.

It is possible that Trump may either alter or abolish the visa to put an end to what he sees as the abuses of the current system.

America’s readiness for cyberware

Cyberattacks are becoming more prevalent and Forrester Research predicted that the new President will face a cybercrisis within the first 100 days.

When asked how he would handle such cyber attacks from stateless hacking groups, Trump gave a very incoherent answer showing no understanding of the gravity of the matter.

Though Mr. Trump didn’t provide a clear answer, his campaign website states “immediate review of all US cyber defences and vulnerabilities” as a description of what he would do. He has also been in favor of developing US’s offensive capabilities in order to retaliate against such attacks.

Net Neutrality

Internet Services Providers would like to charge data-intensive services such as Netflix to be in the internet fast lane. This approach has been criticized since as of now we have net neutrality – all traffic on internet is treated equally.

Trump did not display an understanding of net neutrality based on his tweet on Twitter on the subject. The topic doesn’t seem to be high on his priority list, however the US court system has come out in favor of neutrality principles.

The future of energy tech

Growth in US depends on renewable energies and the government offers subsidies as a way of tempting in customers.

In November 2012, Mr. Trump tweeted, “The concept of global warming was created by the Chinese in order to make U.S manufacturing non-competitive”. He has called climate change a hoax.

Mr. Trump wants to invest money into oil and natural gas reserves by ditching subsidies offered to renewable energy efforts.

All in all, there is uncertainty as to what Mr. Trump’s policies will look like regarding technology and innovation. Silicon Valley is the product of best brains coming together, and that should not be put under threat. Neither should a company like Tesla’s efforts to promote renewable energy.

Full report can be read here: http://www2.itif.org/2016-trump-on-tech.pdf

___________________________________________________________________________
Dave Lee, What Trump means for tech, BBC News (November 12, 2016), http://www.bbc.com/news/technology-37932661

Under Construction: the “Great Firewall” of China

Cecilia Santostefano

Despite earlier petitions to reconsider, China passed a law in early November tightening internet controls. The legislation that is set to go into effect in summer 2017 is an effort to prevent terrorism and attempts to “overthrow[] the socialist system.”[1] It threatens to punish companies that allow unapproved information to circulate the internet; using cybersecurity to justify firm political censorship.[2]

Unlike in America, where citizens value protections like freedom of speech and freedom of the press, the people of China have long been subjected to internet censorship. China has made efforts in the past to ensure user’s identities are linked with internet use.[3] James Zimmerman, chairman of the American Chamber of Commerce in China, reported the new law will “create barriers to Chinese as well as foreign companies operating in industries where data needs to be shared internationally” and further isolate China from the rest of the world, technologically.[4] Businesses worldwide fear this legislation will drive up the cost of foreign operations or prevent them completely.[5] At this point, the law’s implications on freedom of speech are unclear.

 

[1] China approves law to tighten control on internet use, CNBC, (Nov. 7, 2016), http://www.cnbc.com/2016/11/07/china-approves-law-to-tighten-control-on-internet-use.html.

[2] See id.

[3] Paul Mozur, China’s Internet Controls Will Get Stricter, to Dismay of Foreign Business, NY Times, (Nov. 7, 2016), http://www.nytimes.com/2016/11/08/business/international/china-cyber-security-regulations.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news.

[4] Id.

[5] Id.

Link Between Fracking and Earthquakes

Emma Fusco

The debate over fracking has been long and arduous, but the credibility of some arguments is now coming to a close.  Opponents often cite the risk that the process may set off earthquakes, which scientists often discredit in the United States, as these types of earthquakes are uncommon.[1]  However, Alberta has seen earthquakes in the past five years attributed to fracking or hydraulic fracturing.[2]

These earthquakes are induced in two ways: by increases in pressure during the fracking and thereafter, by pressure changes brought on by the lingering fracking fluid.[3]  Scientists say the most recent earthquakes in parts of the United States, including Oklahoma, have been caused by the burial of wastewater from the different types of oil and gas well – not the fracking process itself.[4]  The wastewater is injected under pressure into disposal wells drilled into a permeable formation and flows into the rock.[5]  This has the ability to cause a pressure change in the formation, upsetting the equilibrium around the fault zone causing the earthquake as the fault slips.[6]

To improve the fracking process, small underground explosions may be a more stable option.[7]  These explosions would deliver shocks that travel into the rock formation and rapidly change the stress patterns.[8]

 

[1] Henry Fountain, In Alberta, a Link Between Fracking and Earthquakes, New York Times, Nov. 18, 2016, at A3.

[2] Id.

[3] Id.

[4] Id.

[5]  Id.

[6] Id.

[7] Id.

[8] Id.

An Out of This World Ballot in This Year’s Presidential Election

November 9, 2016 saw an election that was historic in many ways. As we all know, every vote counts, even those cast outside of the United States. History was made not only in the United States, not only on Earth, but also in outer space. Shane Kimbrough, a NASA astronaut on the International Space Station, made his mark on history this election day. Kimbrough filed his ballot in last week’s presidential election from space.
Kimbrough was not the first astronaut to vote from space. That happened in 1997, the year space voting was implemented by President George W. Bush, when NASA astronaut David Wolf cast his ballot. The voting process is remarkably similar to that which is experienced here on earth, though it does take a bit longer. Astronauts decide which elections they would like to vote in: local, state, federal, or general. Then, they request a standard Registration and Absentee Ballot Request a year ahead of the election. Six months before the election, the astronauts are provided with the form. The form is provided  over the internet by the relevant county clerk. The county clerk then copies the electronic votes onto a paper ballot and submits it on election day. Although Shane Kimbrough did not leave the polls with a coveted “I voted” sticker, he did ensure that his voice was heard on one of the most important nights in our nation’s recent history.

Uber Attempts to Settle with Drivers

Aiden Scott

Uber is taking advantage of the multiple cases it has open in an attempt to use its settlement with drivers to vacate a previous ruling which limits the company’s ability to limit lawsuits through mandatory arbitration. In 2014 Judge Edward Chen, who must approve the $100m settlement, ruled that Uber must make it easier for drivers to opt out of arbitration agreements. To Uber’s disdain, he held that “the company must sent drivers an email, with a bold, highlighted opt-out link.”

Uber’s interest in controlling matters of arbitration has lead the company to make the current settlement contingent upon the 2014 order being “wiped from the record.” This has left the Chen in a position of possibly approving a settlement he finds inadequate, because the U.S. Court of Appeals in San Francisco has indicated that “it may allow the company to enforce arbitration agreements prohibiting the vast majority of its drivers from joining class-action lawsuits.” Shannon Liss-Riordan, who represents the drivers in their district court class action suit, has agreed to Uber’s contingency as a favorable appellate court ruling would “dramatically diminish her ability to negotiate modifications to the agreement.”