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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 DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.