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February 2017
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Lindsay Lohan Won't Put Her GTA5 Lawsuit Out Of Its Misery

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Here is something you, the dear Techdirt reader, may not have known about me: I had always thought that there was only one proper spelling for the name "Lindsey." I'm not sure why I thought that, but I was certain that name was only spelled with an "e" before the "y." But, it turns out, spelling it as "Lindsay" is a perfectly common and accepted alternate spelling for the name. And the only reason that I now know that is because Linsday, with an "a," Lohan will not let her lawsuit against Take-Two Interactive -- for appropriating her likeness for several characters, which didn't actually happen -- die its final death.First, a refresher. Lohan decided that a side quest character in Grand Theft Auto 5, which was actually an amalgam of several Hollywood starlet tropes, violated her publicity rights. She also claimed that an entirely different character that was used on some of the game's marketing and packaging was also her and also violated her publicity rights. The case wove its way through the past half-decade, largely with the court and Take-Two casting narrow eyes at the mountains of paperwork Lohan's legal team was able to produce while somehow maintaining an inability to come up with claims that were in any way credible, before the court finally tossed the lawsuit entirely. The court at the time made it clear that Take-Two's characters weren't direct appropriations of Lohan's likeness and that the parody amalgam starlet it had created was clearly protected by the First Amendment.But, for some reason, it appears that LiLo's legal team was, like, "nuh uh!"

Lindsay Lohan has been granted an appeal in her lawsuit against the maker of the Grand Theft Auto video games. Last year, the Appellate Division Courthouse of New York State tossed the case, stating it was without merit. Her appeal was accepted by the New York Court of Appeals on 16 February.
It must be nice to have the kind of money required to keep the legal team going on a lawsuit that's been a loser at every turn. Still, it's perplexing that this lawsuit hasn't been put out of its misery at this point. The nature of the characters and their status as protected speech seems as clear cut as it gets. And, perhaps more importantly, the character that Lohan is desperate to associate herself with for the purposes of this lawsuit is one that is depicted engaging in sex acts in a public setting and being photographed doing so. I'm struggling to understand why one would want to engage in this kind of legal reach under those circumstances.Her legal staff should be informing her that it's time to give this whole thing the Ol' Yeller treatment. Why they aren't doing so is beyond me.

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German Regulators Urge Parents To Destroy WiFi Connected Doll Over Surveillance Fears

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For a while now, we've discussed how your children's toys are quickly becoming the latest and greatest privacy threat courtesy of cryptic or half-cooked privacy policies and the treatment of device security as an afterthought; rather part and parcel now for the privacy dumpster fire that is the internet of not-so-smart things era. Numerous privacy groups have complained that smart Barbies and other toys not only now hoover up and monetize childrens' prattle, but leave the door open to the devices' being used nefariously by third parties.The problems culminated in a lawsuit last December here in the States against Genesis Toys, maker of "smart" toys like the My Friend Cayla doll and the i-Que Intelligent Robot. The lawsuit accuses the company of violating COPPA (the Childrens' Online Privacy Protection Act of 1998) by failing to adequately inform parents that their kids' conversations and personal data collected by the toys are being shipped off to servers and third-party companies. The privacy policy for the toys does warn users that companies like Nuance Communications, also a government defense contractor, will receive this data for analysis:

"We may use the information that we collect for our internal purposes to develop, tune, enhance, and improve our products and services, and for advertising and marketing consistent with this Privacy Policy." It continues, If you are under 18 or otherwise would be required to have parent or guardian consent to share information with Nuance, you should not send any information about yourself to us."
The lawsuit alleges the toys are violating COPPA because they're marketed to "ages 4 and up" and being mostly used by kids under age 18. Under COPPA, companies gathering kids' data have to provide notice to, and obtain consent from parents regarding data collection. They also have to provide parents tools to access, review and delete this data if wanted, as well as the parental ability to dictate that the data can be collected, but not shared with third parties. The complaint suggests neither Nuance or Genesis Toys are doing any of this.But Genesis is also under fire for the fact that these toys just aren't all that secure. A report by the Norwegian Consumer Council (pdf) found that a lot of the data being transmitted by these toys is done so via vanilla, unencrypted HTTP connections that could be subject to man-in-the-middle attacks.While Genesis faces a lawsuit here in the States, the FTC has yet to act against the company. Overseas however, German regulators are taking a different tack and urging parents to destroy the data-collecting dolls entirely:
"An official watchdog in Germany has told parents to destroy a talking doll called Cayla because its smart technology can reveal personal data. The warning was issued by the Federal Network Agency (Bundesnetzagentur), which oversees telecommunications.Researchers say hackers can use an unsecure bluetooth device embedded in the toy to listen and talk to the child playing with it.
As it stands, German regulators say that a bluetooth-enabled device could connect to Cayla's speaker and microphone system within a radius of 33 feet. As a result, the doll is being effectively treated as a "concealed transmitting device," illegal under an article in German telecom law. A spokesman for the Federal Network Agency said it doesn't really matter what shape the device took; "it could be an ashtray or fire alarm" and would still be illegal. While demanding destruction of the dolls may be overkill, it's just another example of how privacy and security apathy continue to haunt the IoT space.

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