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INTERNET LAW - UK Blogger Can’t Sue for Defamation for Posting on His Own Blog
 Email Article
 IBLS Editorial Department
Monday, August 31, 2009

 The UK High Court recently held that a claimant, who was criticized in the comments section of his own blog, cannot sue for defamation, since he could have deleted the comment but failed to do so. Carrie v. Tolkien [2009] EWHC 29 (QB) (15 Jan. 2009). The court noted that the plaintiff could have removed the offending comments posted on his own blog, which he saw four and a half hours after they first appeared. Carrie was the author of a self-published book in which he claimed having been sexually abused by Father John Tolkien, the son of writer JRR Tolkien. Carrie created a blog in 2007 and published a post under a pseudonym promoting his Web site and his book. JRR Tolkien's great grandson, Royd Tolkien, posted a comment on the site claiming that Carrie was a fraud who was attempting to victimize the Tolkien family. Carrie wrote a denial of the comments but did not remove them.

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INTERNET LAW - Top Communication Complaints by United States Consumers in 2008
 Email Article
 Martha L. Arias, IBLS Director
Sunday, August 16, 2009

 On May 2009, the United States (U.S.) Federal Communications Commission (FCC) released its report on the top subject areas for inquiries and complaints received by the Consumer and Governmental Affairs Bureau (Consumer Bureau) during the last quarter of 2008. The FCC releases quarterly reports on the top communication complaints by U.S. citizens. This article presents the most recently published report. The FCC quarterly reports on communication inquiries and complaints are divided in four main areas: (1) cable and satellite services; (2) radio and television broadcasting; (3) wireless telecommunications; and (4) wireline telecommunications. The FCC subdivides these four areas in common issues U.S. consumers present to the Consumer Bureau.

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INTERNET LAW - IRS Proposed Rules to Substantiate Business Use of Employer-Provided Cell Phones
 Email Article
 Martha L. Arias, IBLS Director
Sunday, June 21, 2009

 United States fast-paced business environment prompts employers to provide telecommunication devices to employees so they can achieve business' goals. The Internal Revenue Code (IRC) allows employers to deduct expenses associated with business use of telecommunication devices, including cell phones. Yet, currently, these deductions must be substantiated under complex Internal Revenue Service (IRS) rules. On June 8, 2009, the IRS published a public notice proposing simplified rules to substantiate business use of employer-provided cell phones, and inviting public comments. This article provides information on these proposed rules.

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INTERNET LAW - Brazil's Self-Regulatory Code for Internet Service Providers
 Email Article
 Martha L. Arias, IBLS Director
Wednesday, November 05, 2008

 According to the Brazilian Association of Internet Service Providers (ABRANET) there are currently more than 1,000 ISPs in Brazil. Yet, only 5 large companies hold 50 percent of the market share in terms of Internet users. Brazil is not only the largest and most populous country in South America (about 190,132.630 inhabitants) but also one of the biggest economies in this region (9th in the world in terms of purchase power). These facts make it attractive for foreign ISPs in search of Latin American markets. In addition to administrative and regulatory rules, ISPs in Brazil may submit to the self-regulations of the Brazilian ISPs' Code - Código De Auto-Regulamentação De Operadores De Rede E De Serviços Internet.-

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INTERNET LAW - Universities' Ban to Eliminate File Sharing
 Email Article
 IBLS Editorial Department- Shane Greenberg
Wednesday, October 01, 2008

 Universities have proposed the rule of banning computer access to sites that permit file sharing of movies and music which are pirated and loaded online. School officials at the University of Southern California have informed students that they could face a school year without any computer access if they are found swapping movies and music online. University officials have realized that they may face liability themselves for not enforcing copyrights and allowing their students to engage in this behavior.

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INTERNET LAW - FCC Rules Comcast Cannot Limit Data Downloads
 Email Article
 Kelly O'Connell, IBLS Editor
Wednesday, September 10, 2008

 In a decision meant to protect the vitality of the Internet, the Federal Communications Commission has reacted strongly to Comcast Corp.'s decision to limit the amount of bandwidth to its customers. Bandwidth is the measure of how much data a customer has streaming into their computer from the Internet. The FCC said, "Comcast Corp.'s management of its broadband Internet networks contravenes federal policies that protect the vibrant and open nature of the Internet." The action came down August 1, 2008 in a decision called "In the Matters of Formal Complaint of Free Press and Public Knowledge Against Comcast Corporation for Secretly Degrading Peer-to-Peer Applications." Comcast is currently appealing the decision.

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INTERNET LAW - US Wireless Internet Services- WIS
 Email Article
 IBLS Editorial Department
Wednesday, July 09, 2008

 Wireless Internet services (WIS) allow internet broadband connections via satellite signal or ground-based antennas. Prior to WIS, broadband connections could only be obtained through wired networks such as DSL (digital subscriber lines), T-1 lines (high capacity telephone lines), and cable modem services. WIS revolutionized the use of the Internet because it now allows fast internet connection on cellular phones, laptops, and other 'carry-on electronic' devices. WIS expanded Internet connectivity in hotels, coffee shops, book stores, and, more importantly, in remote rural areas.

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INTERNET LAW - Threats Sent via E-mail Constitute a Federal Crime
 Email Article
 IBLS Editorial Department
Friday, May 30, 2008

 Electronic communications, in particular e-mails, have become a valuable working and social tool in the XXI century. Unfortunately, given its immediate delivery and disguised anonymity, some conflicted souls are increasingly using e-mails to transmit hateful messages. Transmitting threatening messages via e-mail is a federal crime in the United States and carries a penalty of imprisonment of up to five years or a fine, or both. Following, there is information on the federal statute that criminalizes threatening e-mails and a recent case of a man accused of sending racially hateful e-mails.

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INTERNET LAW - EU Blogs Becoming Prominent Players in Elections
 Email Article
 Kelly O'Connell, IBLS Editor
Wednesday, March 26, 2008

 While the Internet continues to increase in users and impact, blogs are making themselves felt in the politics of the European Union and will be an increasingly important player, as seen across the Atlantic in recent U.S. Elections. In a period when analysts and critics bemoan the lack of fresh ideas and genuine dialog in the West, the European blogosphere promises to bring a mass of previously voiceless political enthusiasts into the arena. In the States, blogs were initially known as a bastion for the Right to bemoan a supposed lack of representation in the mainstream press. But the Left launched stunning growth in blogs, and are now well-represented. Now, in many blogs there are heated debates on the issues of the day that can go one for weeks and months.

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INTERNET LAW - EU Demands Mobile Roaming Fees be Lowered
 Email Article
 Kelly O'Connell, IBLS Editor
Monday, March 10, 2008

 The European Union has informed mobile phone companies that they need to lower "roaming fees" for those customers traveling outside of their system by July 1 or face sanctions for non-compliance. EU Telecommunications Commissioner Viviane Reding said, "The EU cannot accept that mobile operators make up to 20 times more profit on roaming customers than on their domestic customers. To avoid regulation, the industry will have to show its responsiveness to consumer concerns by credible reductions." Reding further indicated that costs borne by tourists and business travelers who text messages or checking e-mail on wireless devices must also be pared back. The move by the EU comes in the midst of sensational stories of high phone bills from around Europe.

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INTERNET LAW - Funerals Going Online in Madras, India
 Email Article
 Kelly O'Connell, IBLS Editor
Monday, January 28, 2008

 With a population approaching that of New York City, the 7.5 million residents of the southeastern metropolis Chennai, India will assumedly take whatever excuses they can find to not embark into the heavy urban traffic. And now the denizens of this artistic hub can respectfully attend funerals online as they mourn the dearly departed via the Net. But this novel idea also provides individuals too removed to travel in time to be able to make the traditional 3-4 day period before interment. Now they have the option of almost being there. The concept was developed by the MCB, the management body of Christian Cemeteries in Chennai, and they offer up to 20 e-tickets passes for those attending online. The city Chennai was formerly called Madras, but was renamed in 1996.

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INTERNET LAW - North Korea an Internet Abyss, no Grid Exists to Support Web
 Email Article
 Kelly O'Connell, IBLS Editor
Wednesday, November 07, 2007

 A height-challenged, platform shoe wearing dictator sporting Elton John-styled glasses, with a billowing pompadour, spouting empty socialist clichés who also claims bragging rights to the world's largest Daffy Duck collection might seem to be the creation of a zany Hollywood spy comedy. Yet, when you add that the same leader is building a secret nuclear weapons cache from the ground up, while overseeing an economically stunted and almost totally impoverished country, while simultaneously presiding over an accidentally-hilarious Stalin-like cult of personality, then you can only be talking about Kim Jong-il, the notorious "Dear Leader" of North Korea.

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INTERNET LAW - Indian 'Net Struggles to Meet Demand as Users Switch to Cellphone Access
 Email Article
 Kelly O'Connell, IBLS Editor
Wednesday, October 17, 2007

 Question: What country is losing paid Internet subscribers, but adding users? Answer: India, with the unusual distinction of being possibly the only country in the world losing Internet accounts, as in the second quarter of 2007 the number of tertiary users fell by 50,000. Yet, more Indians than ever report going onto the 'Net to surf or check email. How is this possible? Because, Net users are now accessing through their cell phones.

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INTERNET LAW - Roaming Milestone on 30 September: Eurotariff for all and Full Transparency
 Email Article
 Europe's Information Society
Wednesday, October 03, 2007

 On Sunday 30 September, the full benefit of the European Union's regulation on roaming will become evident to all. It marks the day when all mobile users should benefit from the new Eurotariff and be made aware of roaming charges anytime they cross an internal border of the EU. 30 September is the official deadline by which all mobile phone users should benefit from the regulation's price ceilings - tariffs no higher than 49 eurocents per minute for calls made abroad and no higher than 24 eurocents for calls received abroad, excluding VAT.

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INTERNET LAW - Globalisation Fund to Help 4,000 Workers in Mobile Phone Sector
 Email Article
 European Commission
Monday, October 01, 2007

 Brussels 27-09-2007. The European Commission today announced that it has approved two further applications for assistance under the European Globalisation Adjustment Fund (EGF) - from Germany and Finland. These will now be put before the European Parliament and the Council for decision. They are the third and fourth applications for EGF support and concern redundancies in two companies in the mobile phone sector: BenQ in Germany and Perlos in Finland.

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INTERNET LAW - 10 Internet Acronyms Parents must Know
 Email Article
 IBLS Editorial Department
Wednesday, September 19, 2007

 The 21 Century requires parents not only to have some technology knowledge but also learn new forms of verbal communication. Internet, cell phones, MP3s, iPods, etc, have become a central part in the life of American teenagers and even younger children. According to the most recent report, 210,575,287 persons out of an estimated American population of 301,967,681 use the Internet in the United States. These statistics are revealing. Internet fuels adult and youth life in America and we must prepare to face the new habits the Internet use embraces, especially in young Americans. One of these habits is the development of acronyms to keep youth messages short and secret. Following is a list of acronyms every parent must know.

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INTERNET LAW - Commerce Department’s NTIA Awards IBM Contract For Digital-to-Analog Converter Box Coupon Program Services
 Email Article
 Nation Telecommunication and Information Administration
Monday, September 03, 2007

 The Department of Commerce's National Telecommunications and Information Administration (NTIA) today awarded IBM a contract to provide services for the Digital-to-Analog Converter Box Coupon Program, which is designed to help all Americans receive free, over-the-air television when full-power television stations cease analog broadcasting after February 17, 2009. The total award is $119,968,468, which breaks down to $84,990,343 for the base period, and $34,978,125 for a contingent period. The contract performance will begin immediately, and is scheduled for closeout September 30, 2009.

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INTERNET LAW - Jurisdiction Over Internet Telephony
 Email Article
 IBLS director and senior editor Martha Arias was interviewed by Andrew K. Burger from ECT.com on the subject of the newest developments in Internet legislation
Wednesday, August 01, 2007

 The Federal Communications Commission (FCC) has taken a go-lightly approach to extending its jurisdiction over Internet telephony. However, that is likely to change with accelerating adoption. "I think the FCC seems to be leaning toward asserting jurisdiction on Internet telephony. The FCC, in its report to Congress on universal service, concluded that full regulation of Internet phone service as telecommunication common carrier was not advisable, but a full examination of Internet telephony is needed to establish a regulatory framework for this industry," attorney Martha L. Arias, director and senior editor of IBLS (Internet Business Legal Services), told the E-Commerce Times.

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INTERNET LAW - Bad Week for Wireless Incumbents
 Email Article
 By Roy Mark from Internet News
Monday, July 23, 2007

 It was not the best of weeks for the telephone and cable companies who control 98 percent of the U.S. broadband market. First, Federal Communications Commission (FCC) Chairman Kevin Martin floated the notion that if they don’t want to open their networks to all legal devices and applications, they won’t be welcome at the January bonanza spectrum auction where the best airwaves ever made available for wireless broadband will be sold.

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INTERNET LAW - Peer-to-Peer Telephony: a new Legislative Challenge
 Email Article
 Martha L. Arias, IBLS Director
Monday, July 09, 2007

 Internet phone applications or peer-to-peer telephony is likely to become the common telecommunication means in the near future. Indeed, peer-to-peer telephony is slowly but steadily imposing its convenience and cost advantages over traditional telephony services. The development of this new telecommunication method, though, posts many legislative challenges. For instance, it is not clear yet what is the regulatory treatment applicable to this Internet application; should exiting telephony laws be applied to peer-to-peer telephony? Tax revenue is another major defy posted by Internet phone applications. Will traditional local tax charges disappear? These two colossal queries are just some of the reasons precluding and immediate legislative response to the peer-to-peer telephony service. Answers to these questions entail long and intensive encounters with interest groups like telecommunication giants and local governments.

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