P&F Webinar on Email Marketing Next Tuesday!

A downturn in the economy means that marketing budgets have constricted ... just when new sales are sorely needed to boost revenue.  Marketers are forced to make do with email, one of the least expensive means of marketing.  Pike & Fischer has gathered top legal experts from the government and the private sector to address the implications of the latest CAN-SPAM regulations and their effect on marketing agreements with business partners.  Join us Oct. 28 for our exclusive webinar:  New Regs and Spam: Legal Nuances and Successful Litigation Tactics Under CAN-SPAM.  One registration permits an unlimited number of participants from each call-in location.  Ask Customer Care about our special discount for P&F subscribers.  Register Now!
 

Latest News 
 
INTELLECTUAL PROPERTY
 
DMCA After Ten Years: Enabler of Innovation or Chilling Effect? 
 
On the tenth anniversary of the signing of the Digital Millennium Copyright Act, participants in its formation effectively maintained long-held positions as to its benefits and disadvantages at an Oct. 14 meeting in Washington, D.C.  The DMCA spurred development of highly-regarded services such as Google Search and iTunes, proponents argued, while detractors saw a "permission culture" under the control of content owners stifling free expression and innovation.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Right to Use Trade Name Extends to Domain Space
·  President Bush Signs Into Law Legislation on Webcasting Rates
·  McCain Campaign DMCA Process Suggestion Highlights Web Services' Removal Conundrum
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
FTC Granted TRO Against Alleged Largest International Spam Network 
 
The U.S. District Court for the Northern District of Illinois granted a temporary injunction against individuals accused of sending billions of deceptive products marketing messages through a vast international spam network, and making misleading claims about the data security measures they employed to protect personal data, according to an Oct. 14 Federal Trade Commission announcement.  Federal Trade Commission v. Atkinson (Temporary Restraining Order), 2008 ILRWeb (P&F) 2813.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Ex-Employee's Data Misappropriation Is Not Itself 'Damage' for CFAA Purposes
·  Website, E-Mail Deployed After Jet Crash Result in Reprimand, Issuance of Apologies
·  More Campaigns Turn to Wireless in Appeal for Votes, Technology Advocacy
·  Bush Signs Bill Aimed at Eliminating Rogue Pharmacies from Internet
·  Attorney's Web E-Mail Link Not Confidentiality Trigger
·  Courts Give Businesses Leeway to Add Terms After Sale (Some Restrictions Apply)
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Google's Legal Chief Tells Howard Law Group of User Content Dilemma 
 
As Google has opened pathways for free speech and creativity throughout the world, it has had to walk a tightrope strewn with tough issues such as child pornography, privacy rights, defamation, and copyright infringement, the online search company's Chief Legal Officer David Drummond said Oct. 1.  Drummond recounted some recent obstacles that Google has confronted in dealing with user generated content on its websites.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
New Telecom Immunity Statute Violates Constitution, Groups Say 
 
Congress and the Bush administration overstepped their constitutional authority in making retroactive liability protection available to telecommunications firms that participated in the administration's warrantless surveillance program, privacy groups said in a recent court filing.  The American Civil Liberties Union, Electronic Frontier Foundation, and other parties made the claim in an Oct. 16 brief filed with the U.S. District Court for the Northern District of California.  In re National Security Agency Telecommunications Records Litigation (Plaintiffs' Opposition to Motion of the United States to Dismiss), 2008 ILRWeb (P&F) 2804.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Martin Proposes Rules to Allow Unlicensed Use of 'White Spaces'
·  Martin Proposes Major Overhaul of USF, Intercarrier Compensation
·  Supporters of 'White Spaces' See Promise in Engineering Report
·  Digital Television, Net Neutrality First Issues for Next Administration
·  FCC Report Fails to Satisfy Opponents of AWS-3 Auction
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EU Data Privacy Chiefs Discuss IP Addresses, Model Contracts, BCRs, Breach Notification 
 
Internet protocol (IP) addresses are not always "personal data" under European Union data protection law, the European Data Protection Supervisor Peter Hustinx said Oct. 16.  But the real issue, he added, is when IP addresses do constitute personal data, and the answer to that question is "quite often," he said in an interview at the 30th International Conference of Data Protection and Privacy Commissioners, held at the Council of Europe and co-sponsored by the French and German data protection authorities.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  U.K. Denies It Plans New Telecom Database within EU Communication Data Retention Bill
·  Reviewer Recommends European Court of Justice Reject Irish Challenge to Data Retention Law
·  Panelists Consider Whether Privacy Rules Benefit or Hurt Global Economic Growth
·  Binding Global Data Protection Framework Gets Vote of Approval from Privacy Officials
·  McCain, Obama Surrogates Spar Over Candidates' Policies on Data Protection
·  Industry Guide Highlights Financial Risks Associated with Cybersecurity Problems
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
FTA Chief Urges Congress to Enact Streamlined Sales Tax Legislation 
 
The bleak revenue outlook for most states makes this a prime time for Congress to enact streamlined sales tax legislation that would allow states to collect sales and use taxes on remote sales, the executive director of Federation of Tax Administrators, James Eads, said Oct. 20.  Given the poor fiscal condition of the states, it is "time for the Congress to look seriously at implementing the streamlined sales tax act," he said.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Kentucky Court Holds Gambling Domains Used There Are Property Seizable In Rem 
 
Internet domain names offering unlawful gambling opportunities to Kentucky residents are a form of property located within the state, the Kentucky Circuit Court for Franklin County held Oct. 16 as it ordered the seizure of 141 domains.  Judge Thomas D. Wingate rejected arguments that the Internet gambling domain names, all hosted by parties outside Kentucky, were not subject to in rem jurisdiction in the state because they were not "present" there.  Commonwealth of Kentucky v. 141 Internet Domain Names, 2008 ILRWeb (P&F) 2819.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Website Facilitating Initiation of Sales Subject to Jurisdiction Where Sales Are Made
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Anderson v. Kentucky Bar Association, 2008 ILRWeb (P&F) 2709 [Ky Sup Ct] (Lawyer engaged in deceptive advertising and improper solicitation by setting up a website that offered grief counseling—along with a link to his firm's website—in connection with a fatal jet crash, and sending an e-mail notifying prospective clients about the website)
·  Becker v. Toca, 2008 ILRWeb (P&F) 2713 [ED La] (Claims alleging violations of Wiretap Act, SCA, and CFAA—arising from wife's alleged installation of a computer virus on husband's computers in order to steal passwords and gain access to financial information for leverage in their ongoing divorce proceedings—withstand motion to dismiss)
·  Bradburn v. North Central Regional Library District, 2008 ILRWeb (P&F) 2715 [ED Wash] (Question addressing a library's Internet-filtering system is certified to the Washington Supreme Court, because Washington law does not clearly define what role a state library's mission and functions play in analyzing whether a library's Internet-filtering policy violates the State Constitution)
·  Federal Trade Commission v. Atkinson (Temporary Restraining Order), 2008 ILRWeb (P&F) 2813 [ND Ill] (FTC granted TRO against alleged largest international spam network)
·  Ireland v. Council of the European Union (Opinion of Advocate General), 2008 ILRWeb (P&F) 2815 [Ct Just Eur Comm] (Reviewer recommends European Court of Justice reject Irish challenge to data retention law)
·  Kentucky, Commonwealth of v. 141 Internet Domain Names, 2008 ILRWeb (P&F) 2819 [Ky Cir Ct] (Kentucky court holds gambling domains used there are property seizable in rem)
·  Sam's Wines & Liquors, Inc. v. Hartig, 2008 ILRWeb (P&F) 2707 [ND Ill] (Ex-employee's data misappropriation is not itself 'damage' for CFAA purposes)
·  Sony Kabushiki Kaisha a/k/a Sony Corp. v. Holland, 2008 ILRWeb (P&F) 2817 [WIPO] (Respondent has rights and legitimate interests in the domain name "sonyholland.com," given that she has been commonly known as "Sony" (a nickname for Sonia) since childhood, and her surname since marriage is "Holland")
·  Square D Co. v. Scott Electric Co., 2008 ILRWeb (P&F) 2705 [WD Pa] (Website facilitating initiation of sales subject to jurisdiction where sales are made)
·  Sutherland v. Gordon, 2008 ILRWeb (P&F) 2811 [4th Cir] (Reorganization agreement that grants a corporate partner the right to use company name as trade name includes the right to use company name in an Internet domain)
·  Virginia State Bar Standing Committee on Legal Ethics Opinion 1842, 2008 ILRWeb (P&F) 2711 [Va State Bar] (Attorney's web e-mail link not confidentiality trigger)
·  Wargo v. Lavandeira, 2008 ILRWeb (P&F) 2821 [ND Ohio] (Posting an Ohio correspondent's e-mail on website does not subject website operator to jurisdiction in Ohio)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  American Airlines, Inc. v. Yahoo! Inc. (Complaint), 2008 ILRWeb (P&F) 2806 [ND Tex] (Airline sues search engines for permitting the sale of its trademark to third parties as an advertising keyword)
·  National Security Agency Telecommunications Records Litigation, In re (Plaintiffs' Opposition to Motion of the United States to Dismiss), 2008 ILRWeb (P&F) 2804 [ND Cal] (Plaintiffs claim Congress and the Bush administration overstepped constitutional authority in making retroactive liability protection available to telecom firms that participated in warrantless surveillance program)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband-enabled Gaming Environments - New! 
The level of quality, realism and interactivity of online games has improved considerably in recent years, resulting in richly detailed worlds that feature virtual communities. We believe the evolution of online gaming presents an opportunity for some broadband service providers to tailor packages toward a growing customer base and thus benefit from service premiums and the resulting boost in ARPU. We forecast that the online gaming market will generate annual revenues nearing $2 billion by the end of the decade. In this report, we provide a detailed overview of the online gaming industry and project revenues and global market share out to 2013. We also provide a case study of a popular online game, and detail the opportunities and risks such games create for service providers.  Learn More  Order Now

Cable Advanced Advertising Market Outlook - New!  
The cable industry hopes to increase its advertising revenue to as much as $15 billion a year once it has effectively deployed standardized advanced advertising technology capable of supporting addressable, interactive advertising on a wide scale.  A number of the largest cable MSOs have invested in Canoe Ventures, a joint venture focused on the development of advanced advertising capabilities to enable marketers to reach very specific subsets of viewers with their messages. But the ultimate value of theinvestments in these advertising technologies will be significantly less than the industry is hoping. In this detailed analysis we examine cable's new advertising initiatives, and provide a forecast of advertising revenue growth over the next five years.  Learn More  Order Now

Events, Conferences, & Books 
 

The DMCA: Special 10th Anniversary Edition - Coming Soon!
October 28, 2008 marks the tenth anniversary of the Digital Millennium Copyright Act. In honor of this milestone, Pike & Fischer is pleased to announce a special 10th anniversary edition of its unique DMCA desk reference. The Digital Millennium Copyright Act: Special Tenth Anniversary Edition covers the whole of the DMCA—the full text of the statute, its legislative history, administrative reports and rulemakings, the latest court decisions, and more—to bring you up-to-date on the full impact of this landmark legislation. Learn More. Order Now.


Legal Risk Management Forum II - Audio CDs Now Available!
On September 16 - 17, Pike & Fischer once again played host to the nation's top federal, state and private sector players who debated the critical issues facing Web 2.0.  More than 30 speakers participated in debates covering content infringement, privacy, reputation preservation, and other critical issues facing Internet businesses.  Keynotes were delivered by Robert Kasunic, Principal Legal Advisor in the Office of the General Counsel, U.S. Copyright Office, Kevin Kuzas, V.P. and General Counsel of Comcast Interactive Media, and Doug Mandell, former General Counsel of LinkedIn.  Missed the Forum?  CDs of all Forum proceedings are now available.  Order a CD.

View all Events & Conferences

Internet Law Attorney Directory

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