Reviewing the CFAA
October 02, 2015
Locks, the saying goes, keep honest people honest. But no lock is perfect and the determined thief will always find a way in. In recent years, it has become obvious that the same is true of the Internet.
Twitter Faces Privacy Suit over Direct Messages
October 02, 2015
Twitter Inc. has been hit with a proposed class action alleging that the company's handling of direct messages between users violates the Electronic Communications Privacy Act (ECPA).
Significant UK Court Ruling on Data Protection Liability
October 02, 2015
The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
Peering Into Copyright Office's Report on Orphan Works
October 02, 2015
What happens when a party wants to use a photograph, image, writing or other work that may be subject to copyright protection, but cannot identify or locate the original author to secure permission? The dilemma these "orphan works" poses was the subject of a recent 106-page report by the U.S. Copyright Office. The report has left the creative world abuzz and, in many cases, aghast at the implications of proposed legislation some believe would effectively overhaul the U.S. Copyright Act.
Using Digital Tools To Assess and Remedy Online Reputational Damage
October 02, 2015
The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
Electronic Chattel Paper
October 02, 2015
One of the significant benefits bestowed upon chattel paper financers is the ability to perfect a security interest via possession, and in so doing potentially achieve priority over pre-existing secured lenders who perfected by filing a UCC Financing Statement. Now, the system is moving toward electronic chattel paper. What does this mean?
<b><i>Online Extra:</b></i> U.S. and UK Corporations Sustain High Levels of Digital Vulnerabilities
October 01, 2015
If there is any major concern corporations bear this year having watched last year's round of large-scale, invasive, expensive data hacks, it is the one of cyber security. In 2015, Centrify ' an identity management company ' surveyed more than 400 IT decision makers in the U.S. and UK to grasp the scope of how secure they believe they are and should be. The group asked: How much are hackers costing organizations that don't make the front page like Sony?
Telemedicine: Best Practices to Avoid Liability
September 02, 2015
Telemedicine is rapidly evolving, and with its evolution comes new potential pitfalls and risks. Practitioners in this area should keep abreast of state laws and regulations regarding telemedicine, as well as keep an eye out for developments in the federal landscape.
New Report Offers Statistics On Copyright Cases
September 02, 2015
Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.
