Army Corps Orders Sioux Eviction

Cecilia Santostefano

The Standing Rock and Cheyenne River Sioux tribes have been protesting the Dakota Access pipeline for fear of water contamination as well the impact on sacred sites, including burial grounds.[1] The pipeline builder requires a final permit before the project may be underway. This permit would allow the pipeline to cross under the Missouri river, just north of the Standing Rock Sioux reservation.[2]

The Army Corps sent a letter to the Sioux tribes stating on December 5, the main camp will be closed due to “safety concerns” surrounding the approaching winter.[3] Additionally, the Corps will designate a “free speech zone” in which people may protest.[4] If anyone is found outside of that zone, it would be considered trespass and they would be subject to prosecution.[5]

This is not the first camp that will be closed. In October, law enforcement employed mace and arrests to clear Corps-managed property.[6] Over five hundred protesters have been arrested since August.[7] On November 20, the Standing Rock Medic & Healer Council announced twenty-six peaceful demonstrators were hospitalized and hundreds more were injured after law enforcement used tear gas, “less-than-lethal” munitions, and water cannons on the area.[8] With regards to these events occurring so close to Thanksgiving, a holiday that celebrates the the Native Americans and the first Europeans to enter America, Standing Rock Sioux tribal chairman David Archambault comments, “although the news is saddening, it is not at all surprising given the last 500 years of the mistreatment of our people.”[9]

 

[1]Associated Press, Standing Rock Sioux chairman says Army Corps to close camp access in pipeline protest, LA Times, (Nov. 25, 2016, 5:30 PM), http://www.latimes.com/nation/nationnow/la-na-north-dakota-standing-rock-20161125-story.html.

[2] Julia Wong, US Army orders eviction of Dakota pipeline protesters’ camp, tribe says, The Guardian, (Nov. 26, 2016, 8:07 AM), https://www.theguardian.com/us-news/2016/nov/26/us-army-orders-eviction-of-dakota-protesters-camp-tribe-says.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Associated Press, supra note 1.

[8] Wong, supra note 2.

[9] Id.

Emma Fusco

Instagram has turned the art market on its head, especially for younger buyers.[1]  Matt Carey-Williams is a London-based deputy chairman for Europe and Asia at the Phillips auction house.[2]  By using Instagram as a marketing tool, art sellers are selling pieces for about 10 times its estimate all because the buyer had seen it on the auction house’s Instagram feed.[3]  For example, Sotheby’s sold a Fabergé silver, enamel and seed-pearl icon for £245,000, which is 10 times its estimate.[4]

Some say that the spike in prices is because the app allows users to understand the hearts and minds of collectors by creating a more intimate and friendly relationship because sellers are seen more as people rather than “a guy that sells paintings.”[5]

There is one area where Instagram has truly skyrocketed the sales platform: affordable collectibles.[6]  Mikki Towler is a dealer with 26 years in the business under her belt, specializing in antique kitchen items in Norfolk, England who averages two sales a day as a result of her Instagram feed.[7]  She has been so successful on Instagram that many people don’t ask the price of the collectible, “they just say, ‘I’ll have it.’”[8]

Aiden Scott

Venture capitalist such as Peter Thiel and amazon founder Jeff Bezos are attempting to take advantage of the long-delayed progress of nuclear energy. Theil has been funding a fusion start up called Helion Energy, and Bezos has invested in General Fusion Inc., in an attempt to take advantage of nuclear fusion’s potential capabilities to produce clean energy, at a low costs once proper technologies have been developed. Unlike nuclear plants that use fission, the classic splitting of atoms, companies such as Lockheed Martin, are working to create nuclear fusion generators that are small enough to be transported by truck. In response to this new flow of cash and enhanced research, General Fusion has acquired 10 patents, and has nine pending applications at the PTO. It is questionable as to how these advances will continue during Trumps presidency due to his statements concerning a return to coal power. However, if investment and research opportunities continue to grow we may also soon see numerous suits concerning compact fusion generators as well in the coming years.

See Eric Roston, Silicon Valley’s Peter Thiel’s Other Hobby Is Nuclear Fusion, 93 BNA Patent Trademark & Copyright Journal Vol 93 2362, 2363 (2016).

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.

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.
  

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.

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.

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

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