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e-Commerce Developments of Note
Antispyware Legislation Advances in Congress
The House Energy and Commerce Committee approved antispyware legislation on June 24 that would authorize significant penalties for violations of its provisions. H.R. 2929 (108th Cong., 2d Sess.), the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT). The amended version of the bill approved by the committee would, among other things, require clear and conspicuous notice prior to the installation of an “information collection program” on another's computer. The amended version would also pre-empt certain similar state antispyware laws. Also on June 24, another antispyware bill was introduced that would add a provision to the federal criminal code penalizing the unauthorized copying of a computer program or code onto a computer for the purpose of obtaining personal information with the intent to defraud or injure a person, or cause damage to a computer, or for the purpose of impairing the security protection of the computer. H.R. 4661 (108th Cong., 2d Sess.), the Internet Spyware (I-SPY) Prevention Act of 2004. (For more on this topic, see “Legislative Update.”)
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Antispyware Legislation Advances in Congress
The House Energy and Commerce Committee approved antispyware legislation on June 24 that would authorize significant penalties for violations of its provisions. H.R. 2929 (108th Cong., 2d Sess.), the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT). The amended version of the bill approved by the committee would, among other things, require clear and conspicuous notice prior to the installation of an “information collection program” on another's computer. The amended version would also pre-empt certain similar state antispyware laws. Also on June 24, another antispyware bill was introduced that would add a provision to the federal criminal code penalizing the unauthorized copying of a computer program or code onto a computer for the purpose of obtaining personal information with the intent to defraud or injure a person, or cause damage to a computer, or for the purpose of impairing the security protection of the computer. H.R. 4661 (108th Cong., 2d Sess.), the Internet Spyware (I-SPY) Prevention Act of 2004. (For more on this topic, see “Legislative Update.”)
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.