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Developments of Note
Justice Department seizes Mod Chip site after DMCA guilty plea
On Feb. 26, the Justice Department assumed control of the Web site iSONEWS.com, whose former owner, David M. Rocci, pleaded guilty in federal court in December to conspiring to import, market and sell circumvention devices known as modification, or 'mod' chips, in violation of the Digital Millennium Copyright Act (DMCA). The government said mod chips are designed to circumvent copyright protections built into game consoles such as Microsoft's Xbox and Sony's Playstation 2, and allow users to play illegally copied games. Mod chip sellers have been the target of international anti-piracy efforts, but this case is reportedly the first mod chip prosecution under the DMCA. Rocci was scheduled to be sentenced this month in the Eastern District of Virginia.
FTC settles COPPA charges with Mrs. Fields Cookies, Hershey Foods
Mrs. Fields Cookies and Hershey Foods agreed to pay civil penalties of $100,000 and $85,000, respectively, to settle Federal Trade Commission charges that they violated the Children's Online Privacy Protection Act by collecting personally identifiable information from children without first obtaining parental consent. Each of the companies operated Web sites directed at children, and allegedly collected personal information from children under the age of 13, including full name, and home address and e-mail address. According to the FTC complaints, Mrs. Fields did so without obtaining any parental consent, while Hershey instructed children to have their parents fill out an online consent form without taking steps to ensure that the child's parent was providing the information.
HHS adopts final HIPAA security rule
On Feb. 13, the Department of Health and Human Services announced adoption of final security standards for protecting individually identifiable health information when it is maintained or transmitted electronically. The standards implement some of the security requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The rule requires covered entities to implement 'administrative, physical and technical safeguards' to protect electronic protected health information in their care. The regulations take effect in April, but most covered entities have until April 2005 to comply. The Final Rule is available at www.cms.hhs.gov/regulations/hipaa/cms0003-5/0049f-econ-ofr-2-12-03.pdf. www.cms.hhs.gov/regulations/hipaa/cms0003-5/0049f-econ-ofr-2-12-03.pdf
Developments of Note was written by Julian S. Millstein, Edward A. Pisacreta and Jeffery D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner.
Justice Department seizes Mod Chip site after DMCA guilty plea
On Feb. 26, the Justice Department assumed control of the Web site iSONEWS.com, whose former owner, David M. Rocci, pleaded guilty in federal court in December to conspiring to import, market and sell circumvention devices known as modification, or 'mod' chips, in violation of the Digital Millennium Copyright Act (DMCA). The government said mod chips are designed to circumvent copyright protections built into game consoles such as
FTC settles COPPA charges with Mrs. Fields Cookies, Hershey Foods
Mrs. Fields Cookies and Hershey Foods agreed to pay civil penalties of $100,000 and $85,000, respectively, to settle Federal Trade Commission charges that they violated the Children's Online Privacy Protection Act by collecting personally identifiable information from children without first obtaining parental consent. Each of the companies operated Web sites directed at children, and allegedly collected personal information from children under the age of 13, including full name, and home address and e-mail address. According to the FTC complaints, Mrs. Fields did so without obtaining any parental consent, while Hershey instructed children to have their parents fill out an online consent form without taking steps to ensure that the child's parent was providing the information.
HHS adopts final HIPAA security rule
On Feb. 13, the Department of Health and Human Services announced adoption of final security standards for protecting individually identifiable health information when it is maintained or transmitted electronically. The standards implement some of the security requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The rule requires covered entities to implement 'administrative, physical and technical safeguards' to protect electronic protected health information in their care. The regulations take effect in April, but most covered entities have until April 2005 to comply. The Final Rule is available at www.cms.hhs.gov/regulations/hipaa/cms0003-5/0049f-econ-ofr-2-12-03.pdf. www.cms.hhs.gov/regulations/hipaa/cms0003-5/0049f-econ-ofr-2-12-03.pdf
Developments of Note was written by Julian S. Millstein, Edward A. Pisacreta and Jeffery D. Neuburger, partners in the
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Generative AI and the 2024 Elections: Risks, Realities, and Lessons for Businesses
GenAI's ability to produce highly sophisticated and convincing content at a fraction of the previous cost has raised fears that it could amplify misinformation. The dissemination of fake audio, images and text could reshape how voters perceive candidates and parties. Businesses, too, face challenges in managing their reputations and navigating this new terrain of manipulated content.