The Communications Decency Act, 47 USC §230, immunizes volunteer website "forum moderators" from liability for comments and discussions they led among readers, the U.S. District Court for the District of Oregon held Dec. 18.  The court granted §230 immunity to a group of "forum moderators" who the court said acted independently of the site owners. The court held that a handful of other defendants had not played enough of a role in the content creation or site maintenance to be liable for the allegedly defamatory comments and discussion strings posted there.  Higher Balance, LLC v. Quantum Future Group, Inc., 2008 ILRWeb (P&F) 3259.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Sixth Circuit Sidesteps CDA §230 Issue, Dismisses Claims Against Adult Dating Site
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Broadband Deployment Proposals Pour Into Obama Team Headquarters
 
Proposals from industry groups, think tanks, and public interest organizations continued to pour into Congress and the Obama transition team the week of Jan. 5, all with variations on tax plans and spending programs aimed at spurring the deployment of broadband.  President-elect Obama on Jan. 8 delivered a broad speech on the economy where he outlined some of the components of his economic stimulus and recovery plan with the goal of creating three million new jobs.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Obama Expected to Tap Genachowski as Next Chairman of Embattled Agency
·  Boucher Takes Over as Chair of Telecommunications Subcommittee
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EDPS Opinion on ePrivacy Directive Discusses Data Breach Notification
 
European Data Protection Supervisor (EDPS) Peter Hustinx in a Jan. 9 opinion said European Council changes to the ePrivacy Directive (Directive on Privacy and Electronic Communications) fail to provide certain data protection safeguards.  The opinion by the EDPS is his second about the ePrivacy Directive (2002/58/EC), which is part of a package of telecom proposals under discussion in the European Union.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  French Legal Experts Say YouTube Ruling on User ID Collection Needs Clarification
·  Langevin Leaves Homeland Security; Gives Up Key Cybersecurity Position
·  Justices: No Review of Sixth Circuit ID Theft Ruling Rejecting Constitutional Privacy Right
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
SSUTA Compliance Review Process Under Fire from Business Groups
 
An eight-year effort to create a streamlined sales tax system among the states has crossed a new threshold.  Since it was initially adopted in 2002, the Streamlined Sales and Use Tax Agreement (SSUTA), the system's governing compact, has been amended 14 times and membership has expanded to 22 states. In addition, prospects have never looked better for federal legislation that would transform the voluntary program into a mandatory, nationwide system.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Harms Felt at Home from Out-Of-State Trademark Misuse Do Not Satisfy Jurisdiction
 
That an Indiana corporation was harmed by a California website's use of its trademark does not, without some evidence of other Indiana contacts, satisfy the requirements for specific personal jurisdiction over the site in Indiana, the U.S. District Court for the Southern District of Indiana held Dec. 22.  Nerds on Call, Inc. (Indiana) v. Nerds on Call, Inc. (California), 2008 ILRWeb (P&F) 3277.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Colombia's First Cybercrime Statute Sets Penalties, Prison Terms, for Range of Crimes
 
Colombian President Alvaro Uribe Jan. 5 signed a law that for the first time establishes criminal penalties for cybercrimes committed in the country.  The bill, "On the Protection of Information and Facts" (H. 042/07, H. 123/07), creates a number of new crimes, including computer intrusion, unauthorized interception or misuse of personal data, phishing, and manipulation of financial accounts.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Amazon.com LLC v. New York State Department of Taxation & Finance, 2009 ILRWeb (P&F) 1009 [NY Sup Ct] (NY tax provision withstands constitutional challenge from Amazon)
·  Andritz, Inc. v. Southern Maintenance Contractor, LLC, 2009 ILRWeb (P&F) 1007 [MD Ga] (Lost revenue caused by misappropriation of proprietary information from employer's computer is not recoverable under CFAA)
·  Arista Records LLC v. Does 1-14, 2008 ILRWeb (P&F) 3267 [WD Va] (Doctrine of sovereign immunity is inapplicable where a state university is not a party to litigation but ordered to comply with a subpoena identifying P2P student defendants)
·  ASIS Internet Services v. Optin Global, Inc., 2008 ILRWeb (P&F) 3281 [ND Cal] (An award of costs to the prevailing party in CAN-SPAM litigation is not contrary to the intent of the CAN-SPAM Act)
·  Doe v. SexSearch.com, 2008 ILRWeb (P&F) 3257 [6th Cir] (Court turns back contract and fraud claims against an adult dating website that permitted a 14-year-old girl to register on the site, which led to the plaintiff's subsequent commission of an unlawful sex act with her)
·  Haselton v. Quicken Loans, Inc., 2008 ILRWeb (P&F) 3283 [WD Wash] (CAN-SPAM case is stayed pending appeal to the Ninth Circuit)
·  Higher Balance, LLC v. Quantum Future Group, Inc., 2008 ILRWeb (P&F) 3259 [D Ore] (Communications Decency Act §230 immunizes volunteer website "forum moderators" from liability for comments and discussions they led among readers)
·  Hoang v. Reunion.com, Inc., 2008 ILRWeb (P&F) 3269 [ND Cal] (Federal court claims under state law deceptive e-mail statute must allege damage)
·  Jacobsen v. Katzer, 2009 ILRWeb (P&F) 1003 [ND Cal] (Plaintiff alleging infringement of open source software must produce evidence that failure to issue a preliminary injunction will likely cause irreparable harm in order to obtain one)
·  Life Alert Emergency Response, Inc. v. Lifealert Security, Inc., 2008 ILRWeb (P&F) 3275 [CD Cal] (No purposeful availment where site generates little commercial activity, but site expressly targeted the U.S. market as a whole, satisfying purposeful direction)
·  LimitNone LLC, In re, 2008 ILRWeb (P&F) 3285 [7th Cir] (Developer contract trumps later-accepted clickwrap)
·  Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 2008 ILRWeb (P&F) 3279 [ND Cal] (ISPs liable for vicarious copyright infringement and vicarious trademark infringement; questions of material fact preclude summary judgment on claims for contributory copyright infringement and contributory trademark infringement)
·  Nerds on Call, Inc. (Indiana) v. Nerds on Call, Inc. (California), 2008 ILRWeb (P&F) 3277 [SD Ind] (That an Indiana corporation was harmed by a California website's use of its trademark does not, without some evidence of other Indiana contacts, satisfy the requirements for specific personal jurisdiction over the site in Indiana)
·  Oracle Corp. v. SAP AG, 2008 ILRWeb (P&F) 3261 [ND Cal] (Company that accessed software online after accepting the terms of a clickwrap agreement addressing "customers" was bound by the terms regardless of its status as a non-customer)
·  Tecklenburg v. Appellate Division of the Superior Court of San Joaquin County, 2009 ILRWeb (P&F) 1001 [Cal Ct App] (Mere display of child porn images on computer screen supports conviction for knowing possession or control)
·  United States v. Grober, 2008 ILRWeb (P&F) 3273 [D NJ] (Sentencing guidelines for downloading child porn impose too severe a punishment)
·  United States v. Morris, 2008 ILRWeb (P&F) 3271 [7th Cir] (Conviction stands even though private citizen, rather than police officer, posed as a minor on a MySpace page)
·  Verizon California, Inc. v. OnlineNIC, Inc., 2008 ILRWeb (P&F) 3263 [ND Cal] (Verizon obtains $33.15 million default judgment, as well as transfer of over 600 offending domain names, from a prolific cybersquatter)
·  Vulcan Golf, LLC v. Google, Inc., 2008 ILRWeb (P&F) 3265 [ND Ill] (Court refuses to certify a class of potentially millions of plaintiffs in a cybersquatting lawsuit against Google, concluding class litigation would be "unmanageable" due to face-specific nature of ACPA distinctiveness inquiry)
·  Wilson v. Brown, 2009 ILRWeb (P&F) 1005 [NJ App Div] (New Jersey governor need not disclose e-mail communications)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Cable News Network, Inc. v. CSC Holdings, Inc. (Brief of the National Music Publishers' Association, Inc. as Amicus Curiae in Support of Petitioners), 2008 ILRWeb (P&F) 3050 [US Sup Ct] (Amici seek review and reversal of Second Circuit ruling that remote storage DVR system does not infringe exclusive rights of reproduction and public performance)
·  Facebook, Inc. v. Power Ventures, Inc. (Complaint), 2008 ILRWeb (P&F) 3212 [ND Cal] (Facebook brings CFAA claim against aggregator)
·  GateHouse Media Massachusetts I, Inc. v. New York Times Co. (Complaint), 2008 ILRWeb (P&F) 3210 [D Mass] (Regional newspaper claims that defendant is infringing its copyright and trademarks by posting plaintiff's headlines and marks on defendant's news site)
·  Stepnes v. Ritschel (Complaint), 2008 ILRWeb (P&F) 2624 [D Minn] (Real estate developer files lawsuit against city of Minneapolis for alleged violation of the Civil Rights Act for arresting him without a warrant in violation of the Fourth Amendment, and for seizing an antique bench used in online raffle of a home because it was not a "gambling device" as defined by statute)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband Competition Outlook 2009 – New!
The cable industry and telephone companies are facing some unsettling prospects in terms of customer growth and revenue increases – all the result of the economic downturn. Consumers are spending less as their job security becomes more tenuous and their discretionary income plummets. This stands to put a damper on spending for communications products and services in 2009. In this report, we offer more details on these trends and provide our forecasts on customer growth for new multichannel video services, high-speed Internet, IP telephony, and the features and applications that ride on those technologies. Among our projections is a forecast of 5.7 million new broadband households - down 12% from 2008 levels.  Learn More  Order Now

High-speed Internet Packaging and Pricing Strategies: 5th Edition - New!
Cable operators have continued keeping broadband prices relatively stable while steadily increasing data rates, and are using short-term discounting and entry-level tiers to attract price-sensitive customers and compete with generally lower DSL prices. But Verizon's FiOS service, which operates over a fiber-to-the-home network, is delivering the most speed for the dollar on both the downstream and upstream, according to our annual analysis of high-speed Internet pricing and promotions. This report includes in-depth examinations of the broadband pricing, bundling and marketing strategies of the top service providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Bright House, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 20 tables and charts of data and analysis.  Learn More  Order Now