Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Developments of Note
Virginia Governor Signs 'Toughest in the Nation' Anti-Spam Bill
On April 29, Virginia Gov. Mark R. Warner signed first-of-its-kind legislation that makes high-volume spamming a felony in that state. House Bill 2290 and Senate Bill 1139 amend the Virginia Computer Crimes Act's anti-spam provisions to make it a Class 6 felony to falsify header or routing information and to attempt to send unsolicited bulk e-mail exceeding 10,000 messages a day, 100,000 messages a month or 1 million a year. Also covered are e-mailings that generate $1,000 revenue for a single mailing or $50,000 from total transmissions. According to the governor's press release, the underlying statute has survived constitutional challenges and is grounded on e-mail passing through Virginia-based Internet service providers and so allows Virginia prosecutors to pursue criminal charges against spammers in other states and jurisdictions.
University Students Settle Music Piracy Charges with RIAA
Four university students, sued separately by the Recording Industry Association of America (RIAA) for operating search engines that scoured their schools' local area networks for files to trade, settled music piracy charges with the RIAA. Without admitting any guilt, each of the students agreed to make payments to the RIAA of between $12,000 and $17,000, in annual installments until 2006, and to shut down their search engines. The RIAA's actions against these individual file traders were the first of their kind but, according to the RIAA, any future such actions could lead to 'stiffer settlement obligations.'
Financial Services Regulators Issue Weblinking Risk Guidance
Four financial services regulatory agencies issued joint guidance for financial institutions operating on the Internet, to help them understand the risks associated with linking to third-party Web sites. The bulletin details the particular risks to an institution's reputation if customers are confused as to the source of products or services offered on linked third-party sites, as well as compliance risks if the linked sites, for example, offer less security and privacy protection than the financial institution. Among other things, the regulators urge institutions to use clear and conspicuous disclaimers and disclosures explaining their limited role and responsibility with respect to products and services offered on linked third-party sites. The April 23, 2003, bulletin, 'Weblinking: Identifying Risks and Risk Management Techniques,' is available at www.ots.treas.gov/docs/84263.pdf.
www.ots.treas.gov/docs/84263.pdf
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?