Online Law

The Truth Hurts: ATT Looses Ridiculous Lawsuit to Verizon

November 19th 2009

Verizon’s defense against ATT’s request for a temporary restraining order was blazing, and  a fantastic read. Its like they let their savage ad team help write the brief. ATT demanded that Verizon pull five disputed ads from the air as they were “misleading”. Verizon’s defense was, literally, “the truth hurts.” Defense’s introduction nails its theme […]

Court Rules Domain Registration Privacy Services = ‘Material Falsification’

November 16th 2009

There are lots of legitimate reasons people don’t want their names on domain-ownership records. These range from exercising the privilege of anonymous speech, to avoiding spam, to simply preserving one’s own privacy. Of course this practice makes tracking down responsible parties for infringement or other offenses harder, as it requires a court order to learn […]

Cyber Liability Insurance: Large Firms Should Hedge Risks

November 14th 2009

Online marketing has moved many firms toward a publishing model to generate market awareness and engagement. This has spawned a broader range of public exchanges with both customers and the public as they share ideas on company sites, and as company staff participate on others’ sites in official or quasi-official roles. There may fewer customers […]

ATT Sues Verizon, and Yep, “There’s a Map for That”

November 12th 2009

Verizon’s all-3G network makes ATT’s 3G map look spotty at best. However, ATT has tremendous 2G coverage, which means though you may not be able to use an iPhone’s online features, you’re not entirely “out of touch,” as Verizon’s ad states.  Engadget is covering this case like a blanket. As Niley Patel notes: All that […]

PII Compliant? 500,000 Veterans’ Social Security Numbers Published in the Congressional Record

November 11th 2009

Just over a year ago, Carl Malamud, the founder of Public.Resource.org, a non-profit dedicated to making public records available online, did the Department of Defense a big proper. He noticed that the social security numbers of officers were being printed in the Congressional Record. Hundreds of thousands of them. Since copies of the Congressional Record […]

Pay for Play Raises Concerns from Gartner’s Magic Quadrant to Paris Hilton’s Twitters

November 7th 2009

Discussions of regulating digital marketing were just below the surface at New York Ad:Tech.  My last post gave an overview of efforts to regulate digital marketing. Now, here’s an interview at Ad:Tech by reporter David Spark with Ted Murphy, CEO of Izea, the company that makes the paid blogging service Social Spark. Ted’s been in […]

Regulation is Headed Toward Digital Marketing. Do Something

November 5th 2009

Nobody Has Noticed, But Regulation is Nearer Than You Might Imagine Earlier this year, the FCC signaled its intent to regulate the Internet.  States such as Massachusetts have considered a prohibition against tracking users between sites. And the FTC has strongly suggested that ad networks require users to opt-in, rather than opt out. Interactive marketers […]

Hitler Schools Constantin Films on Copyright and Viral Marketing

November 2nd 2009

Brad Templeton, chairman of the board of the Electronic Frontier Foundation, has produced his own “Downfall” parody video, making fun of the fact that Constantin Films has issued DMCA notices to remove all of the “Downfall” parody videos from YouTube. This little-known film has become an Internet sensation and, as I note below, Constantin Film’s […]

Peter Quinn & How Microsoft Smeared Its Way to Winevitability

October 20th 2009

The InformationWeek cover story had two elements. First was the illustration, which featured a compass with Windows 7 at true North, the headline “Winevitable,” and the question of how you will get there. That’s the kind of positioning money just can’t buy. Imagine producing software whose inevitability is proclaimed on the editorial cover of magazines. […]

Asking Censors to Keep Advertising ‘Calm’ Is Still Censorship

October 11th 2009

When the government tells someone to shut up, we call it censorship and the First Amendment requires the government to defend its regulation. But what if the government just says, “Shhhh… could you please turn that down?” Rep. Anna Eshoo’s Commercial Advertisement Loudness Mitigation Act (HR 1084) would do just that: require the FCC to issue […]