Online Law

The Word: AT & Treason

March 7th 2008

The President sank the committee charged with keeping the War on Terrorism on the right side of civil rights.  Now he desperately wants to prevent the courts from keeping phone companies on the right side of Executive Power and privacy. Steven Colbert pokes fun at the Protect America Act – which, as the name suggests, allows […]

Employees Use Company Databases to Spy

March 7th 2008

While doing research for an employment case involving WE Energies, a Milwaukee-based energy company, the Associated Press found a larger story on the apparently widespread abuse of company databases by employees to spy on customers. It appears that such data is routinely accessed to snoop on people using massive national databases created and maintained by […]

US Shuts Down Tourism Sites Promoting Countries with Oppressive Regimes

March 6th 2008

Yesterday’s New York Times reported the US Treasury has closed down dozens of websites operated by Steve Marshall, a British travel agent living in Spain.  Mr. Marshall’s websites, such as BonjourCuba, promote Cuban vacations to Europeans.  But that was enough for him to be added to Treasury’s list of Specially Designated Nationals, which is the business equivalent of a […]

CAN-SPAM’s Side Orders – State Online Marketing Laws

March 5th 2008

Updated: May 4, 2008 While Federal CAN-SPAM is perhaps the most well-known online marketing law, individual states also regulate online business practices. The Federal law is written with provisions which preempt state action, so the federal act is the main law, while states extend its reach, or add to it provisions as side orders extend an […]

RIAA and Labels Pocket Settlement, Ignore Artists

March 4th 2008

Is the RIAA only about the money, and not the ethical defense of intellectual property rights of artists? It seems the artists the RIAA supposedly represents have seen little or no money as a result of copyright infringement settlements over the years from major entities like Napster and Kazaa. Those settlements are in the neighborhood […]

Email Law: New CAN-SPAM FAQ for Internet Marketers

March 3rd 2008

What is CAN-SPAM? The name CAN-SPAM is an acronym from the original bill’s full name: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. Its purpose was to set the first national standards for sending commercial e-mail, and to limit the bulk sending of unsolicited email. The law requires the Federal Trade Commission […]

Wikileaks Is Back Up in the US!

March 1st 2008

Judge Jeffrey White has reversed his decision requiring the site’s domain registrar to direct traffic away from the site’s US domain. Users quickly discovered the site maintains mirror sites around the world, so the court order likely only increased the site’s traffic. The judge issued an order to restore the domain yesterday at 5pm.  Judge White […]

Comcast Pays People to Pack Cambridge FCC Hearing

February 29th 2008

The FCC’s recent hearing in Cambridge on broadband network management practices had a group of unusual participants.  Comcast admitted to paying people from the street who did not know about the hearing to fill the auditorium’s seats.  They arrived en masse some 90 minutes before the hearing began and occupied almost every available seat, upon […]

RIAA Loses “Making Available” Argument in Default Judgment Request

February 28th 2008

On February 13, 2008, in Connecticut copyright case Atlantic vs. Brennan, the court rejected the RIAA’s request for a default judgment on the grounds of its theory that simply making available copyrighted music that might be illegally copied by some other party is, in fact, infringement. District Judge Janet Bond Arterton ruled that such a […]

FCC Ready to Block Unreasonable Net Restrictions

February 27th 2008

FCC Chairman, Kevin Martin, acknowledged that broadband network operators have a legitimate need to manage the data flowing over their networks. But he said that “does not mean that they can arbitrarily block access to particular applications or services.” So, what is “reasonable” and what is “arbitrary”?  That was the question in Cambridge on Monday. […]