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Developments of Note

By ALM Staff | Law Journal Newsletters |
August 23, 2003

Arkansas Supreme Court Invites Comment On Future Of Print Reporting

The Arkansas Supreme Court, citing increased reliance on the electronic versions of its official law reports, has requested comment on the future of the printed version of the reports. In re: Publication of the Arkansas Reports, 2003 Ark. LEXIS 208 (Ark. Sup. Ct. Apr. 17, 2003). The court noted that, 'Internet use has had a major impact on the research methods of attorneys and the practice of law in Arkansas.' The court also cited budget constraints as a factor in evaluating the continued publication of the print volumes.


New York Attorney General Announces Arrest Of “Buffalo Spammer”

On May 14, New York State Attorney General Eliot Spitzer announced the arrest of Howard Carmack, an e-mail marketer known as the “Buffalo Spammer”, on misdemeanor and felony charges arising from his alleged scheme to send hundreds of millions of forged e-mails from accounts opened using stolen identities. As New York has not enacted specific anti-spam legislation, the attorney general charged Carmack under New York's recently enacted identity theft statute. The Buffalo Spammer prosecution is the attorney general's first under the identity theft statute, but it is not the office's first action against a spammer. In January, a Manhattan Supreme Court Justice issued a permanent injunction against MonsterHut Inc. based on the attorney general's suit charging fraudulent, deceptive and illegal practices under New York's consumer protection laws.


New California Data Security Law To Take Effect

The statute, effective July 1, requires companies to report security breaches that may compromise personal information. Senate Bill 1386, signed into law last year, amends the California Civil Code to require any business operating in California that stores confidential information about state residents to notify those individuals if a breach of the computer system is discovered that puts the security of the information at risk. While it is unclear how California will enforce the law and what steps businesses should take to comply, the law appears to shield companies from liability if they encrypt the personal information they maintain. The law defines “personal information” as an individual's name, combined with an additional data element such as a Social Security number or an account number or password.


Developments of Note was written by Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner LLP.


Developments of Note was written by Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner LLP.

Arkansas Supreme Court Invites Comment On Future Of Print Reporting

The Arkansas Supreme Court, citing increased reliance on the electronic versions of its official law reports, has requested comment on the future of the printed version of the reports. In re: Publication of the Arkansas Reports, 2003 Ark. LEXIS 208 (Ark. Sup. Ct. Apr. 17, 2003). The court noted that, 'Internet use has had a major impact on the research methods of attorneys and the practice of law in Arkansas.' The court also cited budget constraints as a factor in evaluating the continued publication of the print volumes.


New York Attorney General Announces Arrest Of “Buffalo Spammer”

On May 14, New York State Attorney General Eliot Spitzer announced the arrest of Howard Carmack, an e-mail marketer known as the “Buffalo Spammer”, on misdemeanor and felony charges arising from his alleged scheme to send hundreds of millions of forged e-mails from accounts opened using stolen identities. As New York has not enacted specific anti-spam legislation, the attorney general charged Carmack under New York's recently enacted identity theft statute. The Buffalo Spammer prosecution is the attorney general's first under the identity theft statute, but it is not the office's first action against a spammer. In January, a Manhattan Supreme Court Justice issued a permanent injunction against MonsterHut Inc. based on the attorney general's suit charging fraudulent, deceptive and illegal practices under New York's consumer protection laws.


New California Data Security Law To Take Effect

The statute, effective July 1, requires companies to report security breaches that may compromise personal information. Senate Bill 1386, signed into law last year, amends the California Civil Code to require any business operating in California that stores confidential information about state residents to notify those individuals if a breach of the computer system is discovered that puts the security of the information at risk. While it is unclear how California will enforce the law and what steps businesses should take to comply, the law appears to shield companies from liability if they encrypt the personal information they maintain. The law defines “personal information” as an individual's name, combined with an additional data element such as a Social Security number or an account number or password.


Developments of Note was written by Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner LLP.

New York New York New York New York

Developments of Note was written by Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner LLP.

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