Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Developments of Note
Yahoo! Enters Agreement with NY Attorney General on Marketing Practices
Online service provider Yahoo! entered into an Assurance of Discontinuance agreement with the New York State Attorney General, promising to change several marketing practices announced last year as part of a new preferences program. In the Matter of Yahoo! Inc. (Agreement dated Sept. 24, 2003). In March 2002, Yahoo! announced changes to its marketing program that would have included in Yahoo!'s telemarketing and e-mail campaigns consumers who had already opted out when they registered, unless they affirmatively opted out again. Among other things, the agreement forbids Yahoo! from telemarketing to users who had previously opted out, and requires that Yahoo! provide all users additional notice of the marketing changes and an additional opportunity to opt out of receiving e-mail promotions. Additionally, Yahoo! agreed to pay $75,000 to cover the costs of the investigation.
Librarian of Congress Creates Limited DMCA Exemptions
On Oct. 28, the Librarian of Congress announced four classes of works that are exempted from the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The four limited classes are: 1) lists of sites blocked by commercial Internet filtering software; 2) computer programs protected by hardware dongles that are broken or obsolete; 3) computer programs or video games that use obsolete formats or hardware; and 4) e-books that prevent read-aloud or other handicapped access formats from functioning. Many critics of the DMCA had urged further exemptions that would have allowed the circumvention of copyright protections in more situations where the user engages in noninfringing uses of the works.
California Enacts Tough Anti-Spam Law
On Sept. 23, California Governor Gray Davis signed legislation that is perhaps the most far-reaching anti-spam law in the nation. The new law is worded broadly to prohibit any person or entity from sending an unsolicited commercial e-mail advertisement either “from California” or “to a California electronic mail address.” It also prohibits “advertising” in such e-mails. Individual recipients, Internet service providers and the state attorney general are authorized to pursue actions against violators, with liquidated damages of up to $1 million per spamming incident. The new law is set to take effect on Jan. 1, however, court challenges are anticipated.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Yahoo! Enters Agreement with NY Attorney General on Marketing Practices
Online service provider Yahoo! entered into an Assurance of Discontinuance agreement with the
Librarian of Congress Creates Limited DMCA Exemptions
On Oct. 28, the Librarian of Congress announced four classes of works that are exempted from the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The four limited classes are: 1) lists of sites blocked by commercial Internet filtering software; 2) computer programs protected by hardware dongles that are broken or obsolete; 3) computer programs or video games that use obsolete formats or hardware; and 4) e-books that prevent read-aloud or other handicapped access formats from functioning. Many critics of the DMCA had urged further exemptions that would have allowed the circumvention of copyright protections in more situations where the user engages in noninfringing uses of the works.
California Enacts Tough Anti-Spam Law
On Sept. 23, California Governor Gray Davis signed legislation that is perhaps the most far-reaching anti-spam law in the nation. The new law is worded broadly to prohibit any person or entity from sending an unsolicited commercial e-mail advertisement either “from California” or “to a California electronic mail address.” It also prohibits “advertising” in such e-mails. Individual recipients, Internet service providers and the state attorney general are authorized to pursue actions against violators, with liquidated damages of up to $1 million per spamming incident. The new law is set to take effect on Jan. 1, however, court challenges are anticipated.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
From DeepSeek to Distillation: Protecting IP In An AI World
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.