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In ClearCorrect Operating, LLC v. ITC, No. 2014-1527, 2015 U.S. App. LEXIS 19558 (Fed. Cir. Nov. 10, 2015), the Federal Circuit limited the International Trade Commission's (ITC) jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports. (Note: Digital imports are limited to electronically transferred data, not digital data imported on physical medium, such as disks or drives.) Id . at 12. In light of the recent en banc decision in Suprema, Inc. v. ITC, 796 F.3d 1338 (Fed. Cir. 2015), the panel's decision is unlikely to be the final word on the issue.
The ITC Investigation
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On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.