Google and the “Right to be Forgotten”

The “Right to be Forgotten” (RTBF) is a landmark European ruling that establishes a right to privacy that governs and regulates how one can delist their personal information from online search results. Individuals can request that search engines, such as Google, delist URLS from across the Internet which contain “inaccurate, inadequate, irrelevant or excessive” information. What makes this ruling unique and challenging is that it requires search engines to decide whether an individual’s right to privacy outweighs the public’s right to access lawful information when delisting URLs.

Since the inception of the RTBF ruling in May 2014, Google has received 2,436,905 requests from Europeans for delisting URLs from Google Search. Approximately 43% of those requests have been delisted. In Germany alone, Google has received 413,824 requests to delist a URL, of which, about 48% requests have been granted. Each delisting decision requires careful consideration in order to achieve the right balance between respecting user privacy and ensuring open access to information via Google Search. In cases where delisting was denied, Google cites common factors in their decisions such as the existence of alternative solutions, technical reasons, or duplicate URLs. They may also determine whether a webpage contains information which is strongly in the public interest.

89% of requesters were private individuals, the default label when no other special category applies. Of the remaining 11%, minors accounted for 40%, corporate entities and government officials made up 21% each. 14% of the requests originated from non-governmental personalities, such as celebrities, leaving the remaining 4% representing miscellaneous persons. The top 1,000 requesters (0.25% of individuals with RTBF requests) are responsible for about 15% of the requests. Many of these frequent requesters are not individuals themselves, but law firms and reputation management services representing individuals.

The two dominant intents behind th RTBF delisting requests are removing personal information and removing legal history. Breaking down removal request by site type revealed that 31% of the requested URLs related to social media and directory services containing personal information, while 21% of the URLs requested related to news outlets and government websites that in a majority of cases cover the requester’s legal history. The remaining 48% of requested URLs cover a broad diversity of content on the Internet. While content related to personal information makes up the largest demographic of requests only 16.7% of those requests are granted. Many of these requests pertained to information that was directly relevant or connected to the requester’s current profession and therefore was therefore in the public interest to be indexed by Google Search.

The way the RTBF is exercised through Europe varies by country depending on regional attitudes toward privacy, local laws and media norms. Notably citizens of France and Germany frequently requested delisting of social media and directory pages, whereas requesters from Italy and the UK were three times more likely to target news sites. For all European counties the most targeted website for delisting was Facebook. In Germany, other top websites requested for delisting include peoplecheck.de, www.yasni.de, linksunten.indymedia.org, www.vebidoo.de, and YouTube.

https://www.elie.net/blog/web/insights-about-the-first-three-years-of-the-right-to-be-forgotten-requests-at-google

https://transparencyreport.google.com/eu-privacy/overview

Germans vs. Americans: Battle of the Euphemisms

Germany and America have experienced great economic prosperity that has led to inevitable business encounters of all kinds. When both sides meet, there is great chance for miscommunication beyond a potential language barrier.Germans are known for saying what they mean and meaning what they say, which can lead Americans to think their counterparts are off-putting. Americans cautiously tap dancearound difficult or awkward topics often utilizing euphemismsthat open a confusing Pandora's box for others.

 

The negotiating and presentation methods of both Germans and Americans could not be more different if they tried. Germans are quick to say no, whereas Americans actively try to say no as little as possible. Americans view saying no as not being flexible, open, for helpful. Germans, on the other hand, only say yes when they know they can deliver without fail. Lastly, Americans tend to communicate rejection under the shroud of positivity, which is not easily understood by their German partners. These differing communication methods label Americans as being unzuverlässig, while Germans are re-named Dr. No. When it comes to presenting information, the methods of these two nations follows the same path. Germans are direct, factual, objective, and allow their arguments to present themselves. This back-seat presenting style is opposite the American style of being personal, anecdotal, and putting on a show.

 

With all these differences in mind, how should German-American business proceed? Both sides will need to prove a level of leniency for the other. Germans should use a softer vocabulary and establish rapport that would be received readily by their American counterparts. Americans should embrace German directness while actively trying to keep their meanings unambiguous.

New Tax Limitation on State and Local Deductions for Individuals

The start of 2018 brings plenty of new changes to the U.S. tax code for individuals and businesses.  One such change involves new limitations on state and local tax deductions for individuals.

Beginning in 2018, the Tax Cuts and Jobs Act ("FCJA") now generally limits an individual's ability to claim federal itemized deductions for state and local (and certain foreign) taxes.  The FCJA provides that an individual may claim an itemized deduction for any taxable year - up to a maximum amount of $10,000 for combined state and local personal property taxes, real property taxes, and income taxes paid or accrued during the year.  Married individuals filing separately have a $5,000 per year limit. Certain foreign and sales taxes are also included.

This limitation does not apply to state, local, or foreign property taxes.  It also does not apply to state or local sales taxes that are paid or accrued in carrying on a trade or business or for the production of income.  However, the limitation does apply to state and local incometaxes paid or accrued in carrying on a trade or business or for the production of income. 

The limitation on state and local tax deduction has a sunset provision and is set to expire after 2025. 

NAFTA agreement soon to be renewed?

The North American Free Trade Agreement between the United States of America, Canada and Mexico is active since January 1994. Even though it has proven to be very helpful for the economy in the region, treaties do get old. In contrast to modern treaties, it lacks rules catered to medium-sized enterprises, e-commerce, labor laws and the environment.

 

Originally the NAFTA should have been amended along with entering into the Trans-Pacific Partnership (TPP), however the Trump administration has withdrawn support for the TPP and seeks to update NAFTA between the three original countries. In May 2017 the Congress was formerly notified to renegotiatethe NAFTA by the US Trade Representative Robert Lighthizer.

 

The renegotiations started in August 2017 and so far there have been 7 formal rounds of negotiations. Most recognized were the US proposals for the "rules of origin", which require automobiles to have 85% of regional value content and 50% US content. Also new to the treaty would be the "sunset provision" according to which the treaty expires after 5 years, unless the three parties renew it, and a rule about the dispute settlements, where NAFTA panel rulings in state-to-state disputes shall not be binding for the parties. Other proposals include the limitation of access to the US government procurement market.

 

Many of these proposals have been made without congressional consent. The Trade Representative Lighthizerhas however defended the proposals, claiming that these would reduce the US trade deficits. Some believe that those high demands are just a negotiation tactic, to get other concessions from Canada and Mexico.

 

It is disputed if the President of the United States has the power to withdraw from the NAFTA by himself, without congressional consent. There is no specific US-law granting such powers, which leads some to say that the President cannot withdraw from the treaty without the consent of the Congress. On the other hand, the Constitution gives the President authority to conduct foreign affairs, which is the argument of the opposing side to argue, that the President is able to terminate agreements himself.

 

Equally disputed is the question if the amendments of the NAFTA need congressional consent. The Trump administration already indicated though that under TPA 2015 it would seek congressional approval of the amendments. Both chambers of Congress need to take an "up-or-down" vote, which means that there will be no amendments made by Congress.

 

The future of NAFTA is uncertain at this point, even more so as the questions of consent of the Congress are not yet answered. It remains to be seen how the three parties conduct their negotiations.

Nuernberg Higher Regional Court Rules that Wet Floors at Pools are Self-Evident Dangers

The High Regional Court of Nuremberg ruled in one of the cases presented, that wet floors in a public pool area are not an unforeseeable safety hazard for a visitor (Az. 4 U 1176/17).

 

In Nuremberg Germany, a woman visited a public pool with a sauna area. After using the sauna, the woman fell due to the wet floor on the wooden floors alongside the pool area. She broke her toe and suffered a contusion on her tailbone. She sued for damages for pain and suffering and the medical expenses.

 

She argued that as a guest of the public pool she should have been made aware of the moisture on the floor and should have least been a rubber mat or a caution sign.

 

The lower court had already rejected her claim, reasoning that public pools are usually wet and that the owner of the public pool had no obligation to put out any further signs or security measures. The lower court argued that an absolute safety in an area with water is unachievable the court argued.

 

The Higher Regional Court of Nuremberg rejected the claim as well. Adding to the lower court's ruling, it stated that only those dangers needed to be taken care of, of which the guest is not apparently aware. However that the side of a public pool is wet, should be apparent to any visitor. Furthermore the owner of the pool had already installed wooden floors and a handrail to make sure visitors could enter the water safely. There is no obligation to install any further safety features for the visitors, including no rubber mats or safety signs.

Just One Minute of Your Voice - Legal Implications of Lyrebird's New Digital Voice Replication Technology

A program called Lyrebird promises to create a digital voice using your own voice, with just one minute of recording you. The startup company lists speech synthesis for people who have lost their voice as one of the possible applications of the program.

The program, named after the Australian Lyrebird that is known for its ability to mimic any natural or artificial sounds of its surroundings, has some demo records on its website to show potential customers, what Lyrebird is capable of. The demos even include various sentences spoken by Donald Trump and Barack Obama, which have been created from the audio data from the former presidents' past public speeches.

Even though the demo phrases have actually been spoken by the two presidents in the past, it shows a glimpse into potential future problems of the Lyrebird system. The voice recognition features and digital voice replication is such an exact copy of the original, that anyone listening to it, could think it is the real Donald Trump talking. In theory, the artificial voice could be used by anyone in an attempt to impersonate or bypass voice identification features. The company has already highlighted this problem on their website, noting that the recordings are not necessarily trustworthy. In fact, the Lyrebird program might call into question the role of one's voice as strong evidence, particularly in court cases or it will even lead to deniability of any voice recording.

The company has already implemented a digital watermark to every voice recorded to stop any forgery. However, critics already point out how a misuse of such technology could lead to horrific political outcomes, if for example, the spoken words are potential threats of war or other powerful statements seemingly spoken by a well-known politician.

Still, the importance and impact of the new voice technology has already been recognized by other companies, such as Google and Baidu.

It remains to be seen what the companies actually do to minimize harm for their clients.

Donald Trump at the World Economic Forum

In January, President Donald Trump visited Davos, Switzerland,and gave a pro-growth, pro-America message at the World Economic Forum where he met with the heads of some of the biggest multinational companies in the world.

The business leaders represent some of the largest companies in Europe across multiple sectors of the economy, from financial services and telecommunications to sportswear, including a few German companies, such as Bayer AG, Thyssenkrupp AG, Siemens AG, SAP SE, and Adidas.

Siemens put Charlotte, NC in the international spotlight when its CEO Joe Kaeser told President Donald Trump that the company intends to develop its next generation of gas turbines in Charlotte thanks to Trump's tax reform.

This announcement was a stark contrast to an announcement last fall in which Siemens stated it intended to cut about 6,900 jobs worldwide, including 1,800 in the U.S., over the next several years to cut costs. 

Siemens currently employs about 1,650 at its Westinghouse Boulevard plant in Charlotte, NC, where workers make steam turbines and electrical generators for energy firms.

REMINDER! Real ID Act

Do not forget to make sure that your driver license or state issued identification follows the new guidelines set by the Real ID Act. Not every state may ensure compliancy in the same manner, so be sure to follow up with your state's new identification measures. For example, in North Carolina all forms of compliant identification with have a gold star in the top right.

Starting January 22, 2018, domestic air travel for several states has been restricted to compliant identification or having your driver's license/state ID along with another approved form of identification. The following are examples of alternative identification to provide along with a non-compliant license/state id (if needed): U.S. passport/passport card, DHS trusted traveler card, U.S. Department of Defense ID, permanent resident card, border crossing card, DHS-designated enhanced driver's license, federally recognized, tribal-issued photo ID, foreign government-issued passport, etc. Some states have been granted extensions for compliancy, but they will expire by October 10, 2018 unless renewed. 

Any questions? Click the links below for further information.

Real ID FAQ: https://www.dhs.gov/real-id-public-faqs

DHS Real ID Documentation Info: https://www.dhs.gov/secure-drivers-license-documentation

Check to see your state's status: https://www.dhs.gov/real-id 

The Thriving Business of German Board Games

In the digital era where videogames are a multibillion dollar industry board games have surprisingly kept pace. Between Spring 2016 and Spring 2017, U.S. sales of board games grew by 28% and revenues are expected to rise at a similar rate into the early 2020s. 

Much of this growth is attributed to the change of targeted audiences by board game makers from children to adults, specifically young adults. Low-overhead, social, card games such as "Cards Against Humanity," "Secret Hitler," and "Exploding Kittens" have sold exceptionally well. Kickstarter has become one of the catalytic platforms for the expansion of board games where anyone with a great idea and a contact at an industrial printing company can circumvent the usual toy-and-retail gatekeepers who decide which games live and those which remain mere concepts. The largest project category on Kickstarter is "Games" of which board games make up around 75%.

Growth has been particularly swift for a subgenre of "hobby" board games, e.g., "Settlers of Catan," which are aimed at more serious gamers.  Settlers of Catan, a multiplayer board game, was initially designed by Klaus Teuber and first published by Franckh-Kosmos Verlag as Die Siedler von Catan in 1995. While it took more than a decade to achieve notoriety, the board game has become one of the first German-style board games to achieve popularity outside of Europe. 

By 2015, the game had sold more than 22 million copies in 30 different languages. Games like Settlers of Catan, when compared with games like Monopoly and Cards Against Humanity, represent a niche market, but a market which is becoming more than a niche. According the hobby and collectibles trade publication ICv2, sales of hobby board games in the U.S. and Canada increased from an estimated $75 million to $305 million between 2013 and 2016.

One of the striking differences between North American and German board games becomes apparent when looking at the latter half of the 20th century. Successful American board games such as Risk, Axis & Allies, Star Fleet Battles and Victory in the Pacific typically paid homage to the World Wars, which for obvious reasons, wasn't a realistic model for Germans who grew up in the shadow of the Third Reich.

So what makes Germany so attractive to board game designers and enthusiasts? One of the genre's most famous present-day designers, Phil Ecklund, tells how he had not really hit his stride until he migrated from the US to Germany. In the 1970s he became frustrated with the narrow, child-oriented state of board games in the US. In an interview Ecklund stated: "One of the reasons I came to this country [Germany] is because I knew it was the place where people take board games really seriously. The designers have status. They put their name on the box, and people will buy based on their reputation." 

U.S. Lifts Ban on Refugees from 11 Countries

The U.S. announced on January 29, 2018 it was lifting its ban for refugees from high-risk countries but will implement tougher screening procedures to weed out potential extremists and criminals.

Applicants from 11 countries, largely Muslim-majority nations, will face tougher and more extensive risk-based assessments and background checks to be accepted. The list includes the countries of Egypt, Iran, Libya, South Sudan, Yemen, Sudan, Iraq, Mali, North Korea, Somalia, and Syria.

The Homeland Security Secretary and other officials have stated publicly that it is critically important that the U.S. government knows who is entering the country.  As such, the additional security measures will make it harder for extremists to enter the country and exploit the refugee program.

The new measures will include additional interviews of applicant's family members and close scrutiny of potential ties to organized crime. U.S. standards for refugee acceptance are already considered as one of the toughest in the world. The process typically takes one to two years.

Previously, in September 2017 the U.S. government capped the number of refugees the U.S. would accept at 45,000 in 2018. This is the lowest rate since the Refugee Act was created in 1980.

General Data Protection Regulation takes effect on May 25, 2018 in the European Union - Is your company ready?

May 25, 2018 will be a major date for companies operating in the EU that save, share, or collect personal data, as this is the date that the General Data Protection Regulation ("GDPR") goes into effect.   

In fact, you might have already noticed that Google, Facebook and other big internet-companies have updated their privacy settings in recent weeks.  

"Personal data" is any data relating to an identified or identifiable person. The GDPR establishes new rules for data privacy and personal data, and the regulation will end the (sometimes vast) differences in data protection between the different EU-countries. 

The GDPR applies to any company that has activities in the EU, regardless of whether or not the actual processing takes place in the EU.

In addition to the well-known Right to Erasure, or more often referred to as "Right to be Forgotten" (Art. 17 of the GDPR), there are numerous other provisions that will require companies to revise their platforms and practices.. Of note is the requirement that a company be able to present evidence of its compliance with the new regulation upon request.  Companies must have a designated Data Protection Officer within the company, if the processed data is of a special category under the GDPR or if the processing is of large scale. An earlier draft where the position of a data protection officer was only mandatory for companies with over 250 employees was dismissed.

Each company will also need to file a record of processing activities, in which the purpose of the processing, the category of recipients and data subjects are laid out. This will also help with the requirement that companies account for all data usage.

Companies will need to have a security plan for collected data, which should address the company's protocol in the event of a breach. Most importantly all data needs to be stored on servers located in the EU and data breaches must be reported within 72 hours of discovery. Also companies must allow their customers to export their data and delete it at any time.

With the GDPR, the consequences of a data breach have also become more expensive. Under Art. 83 of the Regulation, the authorities are now allowed to fine a company up to 20 Million Euros or 4% of their annual turnover for a data breach. The amount of the fine is determined by the severity of the breach, whether there was intent or neglect by the company, how the controller works to clear up the breach, and any previous breaches. Additionally each individual whose data was affected by the breach has the right to compensation under the regulation.

           

Please contact BridgehouseLaw if you have questions about how the GDPR may affect your company.  

And don't forgot - you need your real ID for traveling in the USA!

You may have noticed new TSA signs at the airport recently. It reads "starting January 22, 2018, you will need a driver's license or ID form a state compliant with the REAL ID Act, astate that has extension for compliance, or an alternate ID to fly."

What does that even mean?

Drafted in 2005 in the wake of the September 11th attacks, President George W. Bush signed the REAL ID Act. It is intended to ensure driver's licenses were more uniform from state to state and more difficult to forge. It gave the states more than a decade to "establish minimum security standards for state issued driver's licenses and identification cards". However, this time has run out now for boarding federally regulated commercial aircraft. Starting January 22nd 2018, only IDs from a state in compliance with the REAL ID Act or an extension will be accepted when boarding an airplane in the U.S. for domestic flights.

So why should you care?

Currently, 24 states are still not in compliance with the REAL ID

Act, according to information from the U.S. Department of Homeland Security, which oversees the TSA (for a full map, see https://www.dhs.gov/realid). This means that as of January 22, 2018, passengers from those states may not board an aircraftwith their driver's license being the only form of identification provided. Passengers will need to have some kind of alternative identification, the most common being passports and military IDs (for a full list of acceptable forms of ID, see 

https://www.tsa.gov/travel/security-screening/identification.) For now, all of the noncompliant states have an extension until October 10, 2017. If the extension does not get prolonged, January 22, 2018, will be the deadline for those states. Regardless, even if the extension gets renewed, starting October 1, 2020, REAL ID compliant licenses are the only form

of valid identification for domestic air travel. 

Why are certain IDs not compliant with the act? 

Using South Carolina as an example, the state actively fought against the REAL ID Act. As thengovernor Mark Sanford stated: "The act clearly violates the Founders' intent in offering the 10th Amendment, which states that all powers not given to the federal government are given to the people or the states". He also cited the costs of $17 billion to implement the law, which he considered an unfunded federal mandate. Therefore, in 2007, South Carolina lawmakers passed a bill that forbid the state from complying with the act. On the other hand, states like Michigan, Minnesota, New York, and Washington offer enhanced driver's licenses, which are compliant with the REAL ID Act. Still other states are in the process of switching to REAL ID compliant licenses.

What does this mean for you?

If you are a resident of one of the compliant states, nothing changes for you. The only form of identification you need for a domestic flight is your driver's license. For residents of a noncompliant state, it is advisable to have a valid passport or other form of acceptable ID ready in case there is no further extension granted. Plan accordingly, since it takes 46 weeks to get a new passport.

When you plan to travel with children, nothing changes for them. TSA does not require children under 18 years old to provide identification when traveling with a companion within the

United States.

"Click Here to Agree" to Ancestry DNA Owning Your DNA...Forever?

More than 3 million people have utilized the groundbreaking technology provided by Ancestry.com's DNA test for ancestry and genealogy, AncestryDNA, with an increase in use in the last couple of years. With the hopes of discovering forgotten family histories, ethnic backgrounds, and genetic predispositions, users have willingly agreed to the online policy statements or terms and conditions without knowing the potential consequences. Recently, three key terms to which every customer must agree have come into question regarding genetic ownership and the uncertain ramifications thereafter.

AncestryDNA requires its customers to comply with the following: 

1) AncestryDNA will gain limitless royalty-free license of any DNA submitted;

2) AncestryDNA possesses the right to submit DNA for any monetary gain or adversely against customers; and 

3) the customer voluntarily waives all legal rights to file a lawsuit and instead must participate in mandatory binding arbitration.

When it comes to genetic ownership, what does this all mean exactly? 

Terms of service are rarely written with the user's best interests in mind.  One implication of accepting such terms is that AncestryDNA becomes the co-owner to what makes up who you are genetically and sole owner after you die. AncestryDNA, whether it chooses to excerise its right to do so, arguably then has the ability to use your DNA for any profit and would not be required to compensate individuals for use. 

To many, the most concerning implication is the potential use of the AncestryDNA database by insurance companies to validate rejection of coverage. One unfortunate woman, Theresa Morelli, experienced a cancellation of insurance coverage after the insurance agency discovered her relative having been diagnosed with Huntington's Disease. While she was not currently diagnosed, she was dropped from coverage at the possibility. Arguably, had her DNA not been co-owned and stored beyond her knowledge, she would not have, in all likelihood, dealt with this troubling situation. The most improbable scenario of DNA use to solve criminal cases is also potentially implicated through the existence of this vast collection.  

Finally, customers would lose the ability to file a claim against AncestryDNA should a violation occur, and the only remedy for any customer would be mandatory binding arbitration where the settlement may be small in nature without any hope of changing the outcome. 

However, since these policy and terms have been exposed, AncestryDNA has published reassurance that customers have nothing to fear from "unlikely" risks and even changed some terms and conditions.

After all is said and done, disputes over future DNA ownership and use may this serve as a reminder for users to read all privacy policies/terms and conditions before blindly clicking "I agree." 

"Google" is not Generic

The case involved whether a trademark owner should lose rights in instances when the trademark is frequently used as a verb such as in the phrase "Google it."

 

The 9th Circuit Court of Appeals found that "googled" may have become synonymous for Internet searching, but that does not mean that the company cannot protect its name.

 

Under federal law, anyone can wipe out a trademark as well as the legal protection it officer, if it can be shown that most of the public thinks of the mark as a common work for a good or service. This has happened to other brands in the past, including Kleenex. This has come to be known as "generocide."

 

The court cited an earlier decision involving a restaurant that replaced customers' order for "a coke" with a non Coca-Cola beverage. Coke won the case because the restaurant failed to show that people thought of cola and coke interchangeably.

 

While Google is dominant for search engines, it is not dominant that its trademark is in doubt. Even with the verbing of its trademark, consumers still clearly understand that there are other search engines such as Bing and Yahoo! and that Google merely denotes one of them.

Trump Sparks Controversy with Talks of Ending Diversity Visa Program

On November 1, 2017 President Donald Trump called upon Congress to end the United States' diversity green card lotteryin response to a terror attack in New York City which left 8 people dead and 12 others seriously injured. The perpetrator, Sayfullo Saipov, 29, was identified as an immigrant from Uzbekistan who entered the United States in 2010 through the Diversity Visa Lottery Program. The Diversity Visa Lottery program is aimed at boosting immigration from countries which traditionally send fewer immigrants to the US. The program was created as a part of a bipartisan immigration effort in Congress in 1990 and signed into law by President George H.W. Bush. The program grants 50,000 green cards per yearto countries with low immigration rates to the United States, mainly from Africa and Eastern Europe.

 

President Trump stated, "This program grants visas not on a basis of merit, but simply because applicants are randomly selected in an annual lottery and the people put in that lottery are not that country's finest."

 

Trump argued that instead of the lottery, the United States should institute a "merit-based system" in which only those with valuable trade skills would be permitted to immigrate to the US. In August, he endorsed a bill introduced by two Republican senators which would streamline the merit-based system and cut legal immigration in half by 2027. The Reforming American Immigration for Strong Employment (RAISE) Act has been in the Senate Judiciary Committee since last February and similar legislation was introduced to the House Judiciary Committee in September.

 

However, the President has received backlash from experts in the immigration community. In an interview with Associated Press, Fatina Abdrabboh, Director of the American Muslim Advocacy League, stated, "The ending of this program certainly, I think, would be a symbolic defeat and loss in terms of our standing, really, with the whole world."

 

Washington immigration attorney Kenneth Rinzler concurs with Trump in that the Diversity Visa Program has some deficiencies but argues that the problem is not the vetting of these individuals.

 

"It's not legitimate to use the recent terrorist attack to knock this program because they (applicants) have to go through the same vetting as everybody else," he says. Rinzler, like other professionals, believes that there are concerns about all green card vetting, therefore, it makes no sense to single out diversity visas.

           

diversity-immigrant-visa-program

 

Ending Diversity Visa Lottery

Don't forgot - you need your real ID for traveling in the USA!

You may have noticed new TSA signs at the airport recently. It reads "starting January 22, 2018, you will need a driver's license or ID form a state compliant with the REAL ID Act, astate that has extension for compliance, or an alternate ID to fly."

 

What does that even mean?

Drafted in 2005 in the wake of the September 11th attacks, President George W. Bush signed the REAL ID Act. It is intended to ensure driver's licenses were more uniform from state to state and more difficult to forge. It gave the states more than a decade to "establish minimum security standards for state issued driver's licenses and identification cards". However, this time has run out now for boarding federally regulated commercial aircraft. Starting January 22nd 2018, only IDs from a state in compliance with the REAL ID Act or an extension will be accepted when boarding an airplane in the U.S. for domestic flights.

 

So why should you care?

Currently, 24 states are still not in compliance with the REAL ID Act, according to information from the U.S. Department of Homeland Security, which oversees the TSA (for a full map, see https://www.dhs.gov/realid). This means that as of January 22, 2018, passengers from those states may not board an aircraft with their driver's license being the only form of identification provided. Passengers will need to have some kind of alternative identification, the most common being passports and military IDs (for a full list of acceptable forms of ID, see https://www.tsa.gov/travel/security-screening/identification). For now, all of the noncompliant states have an extension until October 10, 2017. If the extension does not get prolonged, January 22, 2018, will be the deadline for those states. Regardless, even if the extension gets renewed, starting October 1, 2020, REAL ID compliant licenses are the only form of valid identification for domestic air travel.

 

Why are certain IDs not compliant with the act?

Using South Carolina as an example, the state actively fought against the REAL ID Act. As thengovernor Mark Sanford stated: "The act clearly violates the Founders' intent in offering the 10th Amendment, which states that all powers not given to the federal government are given to the people or the states". He also cited the costs of $17 billion to implement the law, which he considered an unfunded federal mandate. Therefore, in 2007, South Carolina lawmakers passed a bill that forbid the state from complying with the act. On the other hand, states like Michigan, Minnesota, New York, and Washington offer enhanced driver's licenses, which are compliant with the REAL ID Act. Still other states are in the process of switching to REAL ID compliant licenses.

 

What does this mean for you?

If you are a resident of one of the compliant states, nothing changes for you. The only form of identification you need for a domestic flight is your driver's license. For residents of a noncompliant state, it is advisable to have a valid passport or other form of acceptable ID ready in case there is no further extension granted. Plan accordingly, since it takes 46 weeks to get a new passport.

When you plan to travel with children, nothing changes for them. TSA does not require children under 18 years old to provide identification when traveling with a companion within the United States.

 

Wage-Fixing, No-Poaching Agreements to be Prosecuted Criminally under new Antitrust Guidance

On October 20, 2016, the Department of Justice's Antitrust Division (Antitrust Division) and the Federal Trade Commission (FTC) jointly released important Guidance aimed at informing human resource professionals (and others involved in hiring and compensation decisions) on the topic of how the antitrust laws apply to the field of employment.

 

The DOJ and FTC announced that agreements between companies not to hire each other's employees (no-poaching agreements) and agreements not to compete on salaries or terms of employment (wage-fixing agreements) would be "criminally investigated and prosecuted as hardcore cartel conduct." 

 

To date, both types of agreements, whether entered into directly or through a third-party intermediary, have consistently been considered per se illegal, but have been treated as civil violations of the antitrust laws. Moving forward, the stakes are much higher, with both companies and individual employees facing potential felony convictions for the same conduct.

 

However, not all interactions or agreements with a competing company or their employees regarding hiring and compensation practices violate the antitrust laws. The new Guidancerecognized exceptions to the general rule against no-poachingand wage-fixing agreements and explained that competitors could exchange information regarding hiring and compensation practices through a neutral third party.

 

With companies and their employees expecting an increasing antitrust scrutiny regarding their hiring and compensation practices, companies across industries should review their hiring policies pre-emptively to avoid compliance and enforcement consequences.

 

For more information regarding this matter, please contact Nicole Murphey at Nicole.Murphey@bridgehouselaw.us.

North Carolina Legislative News

The North Carolina Legislature has been pretty active on different topics over the past few months. Below is a quick overview of some bills dealing with the Bright Futures Act, personal injury bankruptcy trust claims, the alcoholic beverage control commission laws, and small wireless communications infrastructure.

House Bill 68 (February 9,2017)

This act encourages the establishment of bright markets by enabling the lease of additional digital infrastructure necessary for economic development and innovation in key markets, including broadband, retail online services, internet of things, gridpower, health care, training, and education.

Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any agency which has either jurisdiction by law or special expertise with respect to any environmental impact.

Finally, cities are authorized to sell or lease any public enterprise that it may own upon any terms and conditions that the council may deem best.

Senate Bill 470 (March 30, 2017)

This act amends Rule 26 of the North Carolina Rules of Civil Procedure relating to discovery in bankruptcy trust personal injury claims.

Senate Bill 155 (June 30, 2017)

This acts aims at making various changes to the alcoholic beverage control commission laws, among which the following:

• Create Spirituous Liquor Special Event Permit to Allow Distilleries to Give Free Tasting
• Allow Sale of Specified Alcoholic Beverages at Auction by Licensed Auctioneers
• Allow the Sale of Alcoholic Beverages Before Noon on Sundays, Subject to Local Government Approval
• Authorize Sale of Crowlers by Retail Permittees
• Authorize Off-Site Storage Location for Breweries, Wineries, and Distilleries
• Authorize Sale of Unfortified Wine on Premises by Retail Businesses
• Authorize Tastings During Brewery Tours
• Authorize Certain Persons to Sample Alcoholic Beverages for Purposes of Sensory Analysis, Quality Control or Education
• Amend Homebrewing Laws
• Clarify Law Governing Relationship between Breweries and Affiliated Retailers
• Authorize Brewery Taprooms to Sell Other Alcoholic Beverages upon Receiving the Appropriate Permit
• Authorize Breweries With Production Facilities in Other States to Distribute to Wholesales
• Authorize Farm Breweries
• Amend Law Governing Brewery Sales at Additional Retail Locations
• Tax Compliance and Reports
• Simplify Local Licensing Applications
• Clarify Winery Special Event Locations

House Bill 310 (July 21, 2017)

This act reforms collocation of small wireless communications infrastructure to aid in deployment of new technologies.

Wage-Fixing, No-Poaching Agreements to be Prosecuted Criminally under new Antitrust Guidance 

  

On October 20, 2016, the Department of Justice's Antitrust Division (Antitrust Division) and the Federal Trade Commission (FTC) jointly released important Guidance aimed at informing human resource professionals (and others involved in hiring and compensation decisions) on the topic of how the antitrust laws apply to the field of employment.

 

The DOJ and FTC announced that agreements between companies not to hire each other's employees (no-poaching agreements) and agreements not to compete on salaries or terms of employment (wage-fixing agreements) would be "criminally investigated and prosecuted as hardcore cartel conduct." 

 

To date, both types of agreements, whether entered into directly or through a third-party intermediary, have consistently been considered per se illegal, but have been treated as civil violations of the antitrust laws. Moving forward, the stakes are much higher, with both companies and individual employees facing potential felony convictions for the same conduct.

 

However, not all interactions or agreements with a competing company or their employees regarding hiring and compensation practices violate the antitrust laws. The new Guidance recognized exceptions to the general rule against no-poaching and wage-fixing agreements and explained that competitors could exchange information regarding hiring and compensation practices through a neutral third party.

 

With companies and their employees expecting an increasing antitrust scrutiny regarding their hiring and compensation practices, companies across industries should review their hiring policies pre-emptively to avoid compliance and enforcement consequences.

"Google" is not Generic

The case involved whether a trademark owner should lose rights in instances when the trademark is frequently used as a verb such as in the phrase "Google it."

 

The 9th Circuit Court of Appeals found that "googled" may have become synonymous for Internet searching, but that does not mean that the company cannot protect its name.

 

Under federal law, anyone can wipe out a trademark as well as the legal protection it officer, if it can be shown that most of the public thinks of the mark as a common work for a good or service. This has happened to other brands in the past, including Kleenex. This has come to be known as "generocide."

 

The court cited an earlier decision involving a restaurant that replaced customers' order for "a coke" with a non Coca-Cola beverage. Coke won the case because the restaurant failed to show that people thought of cola and coke interchangeably.

 

While Google is dominant for search engines, it is not dominant that its trademark is in doubt. Even with the verbing of its trademark, consumers still clearly understand that there are other search engines such as Bing and Yahoo! and that Google merely denotes one of them.

Trump Sparks Controversy with Talks of Ending Diversity Visa Program

 

On November 1, 2017 President Donald Trump called upon Congress to end the United States' diversity green card lottery in response to a terror attack in New York City which left 8 people dead and 12 others seriously injured. The perpetrator, Sayfullo Saipov, 29, was identified as an immigrant from Uzbekistan who entered the United States in 2010 through the Diversity Visa Lottery Program. The Diversity Visa Lottery program is aimed at boosting immigration from countries which traditionally send fewer immigrants to the US. The program was created as a part of a bipartisan immigration effort in Congress in 1990 and signed into law by President George H.W. Bush. The program grants 50,000 green cards per year to countries with low immigration rates to the United States, mainly from Africa and Eastern Europe.

 

President Trump stated, "This program grants visas not on a basis of merit, but simply because applicants are randomly selected in an annual lottery and the people put in that lottery are not that country's finest."

 

Trump argued that instead of the lottery, the United States should institute a "merit-based system" in which only those with valuable trade skills would be permitted to immigrate to the US. In August, he endorsed a bill introduced by two Republican senators which would streamline the merit-based system and cut legal immigration in half by 2027. The Reforming American Immigration for Strong Employment (RAISE) Act has been in the Senate Judiciary Committee since last February and similar legislation was introduced to the House Judiciary Committee in September.

 

However, the President has received backlash from experts in the immigration community. In an interview with Associated Press, Fatina Abdrabboh, Director of the American Muslim Advocacy League, stated, "The ending of this program certainly, I think, would be a symbolic defeat and loss in terms of our standing, really, with the whole world."

 

Washington immigration attorney Kenneth Rinzler concurs with Trump in that the Diversity Visa Program has some deficiencies but argues that the problem is not the vetting of these individuals.

 

"It's not legitimate to use the recent terrorist attack to knock this program because they (applicants) have to go through the same vetting as everybody else," he says. Rinzler, like other professionals, believes that there are concerns about all green card vetting, therefore, it makes no sense to single out diversity visas.

SCAM Alert: USCIS Does Not Request Form I-9 by Email

Please watch out for FAKE email accounts pretending to come from USCIS and requesting Form I-9 information by email.

The USCIS has confirmed this email account is FRAUDULENT: news@uscis.gov This is NOT a USCIS address, and you should not respond to any emails coming from this address.

The body of the email may contain USCIS and Office of the Inspector General labels, your address, and a fraudulent download button that links to a NON-Government Web Address (uscis-online.org). Do NOT respond to these emails or click the links in them.

Note: Employers are NOT required to submit Forms I-9 to USCIS. Employers are required to keep these forms on file for a certain period of time for each person on their payroll.

If you receive an email from the fraudulent email address “news@uscis.gov”, please report it to the Federal Trade Commission. If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster at USCIS.Webmaster@uscis.dhs.gov . USCIS will review the emails received and share with law enforcement agencies as appropriate.

 

Full notice is available at the USCIS website: https://www.uscis.gov/avoid-scams/common-scams