Ninth Circuit Gets It: Interoperability Isn’t an Automatic First Step to Liability

A federal appeals court just gave software developers, and users, an early holiday present, holding that software updates aren’t necessarily “derivative,” for purposes of copyright law, just because they are designed to interoperate the software they update. This sounds kind of obscure, so let’s cut through the legalese. Lots of developers build software designed to interoperate…

Customs & Border Protection Fails Baseline Privacy Requirements for Surveillance Technology

U.S. Customs and Border Protection (CBP) has failed to address six out of six main privacy protections for three of its border surveillance programs—surveillance towers, aerostats, and unattended ground sensors—according to a new assessment by the Government Accountability Office (GAO). In the report, GAO compared the policies for these technologies against six of the key…