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Developments of Note
FCC Orders VoIP Providers To Provide
Enhanced 911 Service To Subscribers
The Federal Communications Commission (FCC) issued an order directing certain providers of voice over Internet protocol (VoIP) service to supply enhanced 911 (E911) emergency calling capabilities to their customers as a mandatory feature of the service. The order places obligations on interconnected VoIP service providers that are similar to traditional telephone providers in that they enable customers to receive calls from and to terminate calls to the public switched-telephone network (PSTN). It does not place obligations on other IP-based service providers, such as those that provide instant messaging or Internet gaming services. The FCC's order is available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-116A1.pdf.
FTC Seeks Comment On Definitions,
Substantive Provisions Under CAN-SPAM
The Federal Trade Commission (FTC) has issued a notice of proposed rulemaking under the federal CAN-SPAM Act. The Commission proposed rule provisions on five topics: 1) defining the term “person”; 2) modifying the definition of “sender” to make it easier to determine which of multiple parties advertising in a single e-mail message will be responsible for complying with the Act's “opt-out” requirements; 3) clarifying that Post Office boxes and private mailboxes established pursuant to U. S. Postal Service regulations constitute “valid physical postal addresses” within the meaning of the Act; 4) shortening from 10 days to three the time a sender may take before honoring a recipient's opt-out request; and 5) clarifying that to submit a valid opt-out request, a recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Web page.
The Commission press release describing the proposed rule changes is available at www.ftc.gov/opa/2005/05/canspamfrn.htm.
Docket Sheet is 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.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.