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How to Obtain Subpoenas for Identifying ISP Users
Federal law generally prohibits Internet service providers (ISPs), i.e., "cable operators," from disclosing personally identifiable information concerning a subscriber without the prior written or electronic consent of the subscriber. Moreover, under the law, ISPs must "take such actions as are necessary" to prevent unauthorized access to a subscriber's personally identifiable information by a person other than the subscriber or the cable operator. See, 47 U.S.C. §551(c)(1). An ISP, however, may disclose a subscriber's personally identifiable information in a number of specific circumstances, including pursuant to a court order authorizing the disclosure. See, 47 U.S.C. §551(c)(2)(B).
Plaintiffs in an increasing number of lawsuits filed in federal district courts in New York, the busiest jurisdiction for copyright infringement litigation, are relying on that provision to seek court orders requiring ISPs to disclose subscribers personally identifiable information soon after such plaintiffs file their actions against anonymous "John Doe" defendants. The goal: to learn the names and addresses of those defendants and, therefore, to be able to serve them with the complaints.
This article focuses on a recent federal court decision, among a number of these decisions, to explain how the well-developed law in this area provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
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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?