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Proposed Law Aims to Give More Privacy to e-Mail
Several of the largest technology and Internet companies have joined forces with conservative and liberal organizations in a show of solidarity for a proposed amendment to The Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. ”2510 et seq.'In a July 12 letter to the Senate, technology and Internet companies such as Microsoft, Oracle, Intel, Adobe, Facebook, Twitter, Google, and Yahoo urged passage of the amendment, which would modernize the ECPA and increase the level of protection given to emails and electronic communications from the government. See , http://bit.ly/14mhtXH.
Under the current law, government agencies wishing to seize e-mails from third-party servers (like Yahoo or Gmail) need a warrant only for e-mails less than 180 days old. After that, the e-mails are considered to be abandoned under the ECPA, and the government only needs a subpoena or court order to get them.
“Court orders and subpoenas are easier for law enforcement to obtain than a search warrant,” says Wiebke Lips, a spokesperson for Adobe, in an e-mail. “This may have made sense in 1986, long before the wide-spread adoption of cloud-based e-mail and storage solutions. It does not make sense today.”
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?