 | INTERNET LAW - GPS Tracking for Children: Is It a Violation of Children’s Privacy? |
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| | Martha L. Arias, IBLS Director
Sunday, October 04, 2009
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| | Nowadays, we can use a GPS (global positioning system) to track our children's steps. A child locator or kids GPS is an advanced technology system that helps parents know where their children are. The system provides immediate wander alerts and directional guidance so parents know the specific location where their children are and are aware if children get away from school or "authorized zones.” Kids GPS vary on capability, area of coverage, functions, and prices. Some of them allow audio. This means, you can hear children"s conversations anywhere they are. GPS tracking for children may also be ordered by courts in juvenile cases as condition for probation. Is GPS tracking for children a violation of children’s right to privacy or denial of equal protection of the law? [More...] |
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| INTERNET LAW - Court-Ordered Parenting Programs: State Courses v. Out-of-State Online Courses |
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| | Martha L. Arias, IBLS Director
Wednesday, September 30, 2009
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| | United States (U.S.) family courts are increasingly ordering parents facing divorce with minor children to attend parenting programs. These programs are designed to help parents and children solve those major issues that divorce brings, such as adjustment of children to parental separation, dispute resolution and conflict management, visitation guidelines, united parenting, and stress reduction in children. This is definitely a wise recourse to keep both parents involved in the children's future and to lessen the emotional impact of divorce. Connecticut is one of the states whose statutes order parenting education programs. This article illustrates on the approach Connecticut"s courts took regarding parenting education programs offered by out-of-state vendors and taken online.
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| INTERNET LAW - Finding the “Anonymous Dogs” on the Internet: Court-Authorized Investigations of Anonymous Illegal Conduct |
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| | By David J. Goldstone, partner, Goodwin Procter
Tuesday, September 08, 2009
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| | A well-known New Yorker cartoon with two dogs at a computer ran with the caption, "On the Internet, nobody knows you're a dog.” The apparent anonymity of Internet users can be a source of significant frustration to businesses that are exposed to a wide variety of anonymous or disguised threats or actions. The very anonymous nature of such threats often makes them seem impossible to address. Yet, through court-authorized investigations of illegal conduct, it is possible to unmask the “bad dogs” on the Internet.
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| INTERNET LAW - Finding the “Anonymous Dogs” on the Internet: Court-Authorized Investigations of Anonymous Illegal Conduct |
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| | By David J. Goldstone, partner, Goodwin Procter
Wednesday, September 02, 2009
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| | A well-known New Yorker cartoon with two dogs at a computer ran with the caption, "On the Internet, nobody knows you're a dog.” The apparent anonymity of Internet users can be a source of significant frustration to businesses that are exposed to a wide variety of anonymous or disguised threats or actions. The very anonymous nature of such threats often makes them seem impossible to address. Yet, through court-authorized investigations of illegal conduct, it is possible to unmask the “bad dogs” on the Internet.
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| INTERNET LAW - Top Communication Complaints by United States Consumers in 2008 |
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| | Martha L. Arias, IBLS Director
Sunday, August 16, 2009
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| | 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 - Arbitration Clause and Internet Contracts of Adhesion |
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| | Martha L. Arias, IBLS Director
Tuesday, August 11, 2009
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| | According to the Appellate Court of Illinois, an arbitration clause in Internet contracts is not necessarily unconscionable and is binding on the parties to the agreement. Yet, some requirements must be met. Arbitration is a common alternative dispute resolution mechanism for Internet contracts involving parties located in diverse jurisdictions and contracts to which several laws may apply, and this decision is extremely important for online retailers and their customers. This article presents the Illinois Appellate Court decision in the case of Hubbert v. Dell Corp.
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| INTERNET LAW - Transmission of a Malicious Program under the Computer Fraud and Abuse Act and Circumstantial Evidence |
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| | Martha L. Arias, IBLS Director
Sunday, July 19, 2009
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| | The Computer Fraud and Abuse Act- CFAC, 18 USC § 1030, regulates fraud and related activities in connection with computers. This United States federal statute lists several criminal conducts committed through the use of a computer. For instance, one of the criminal conducts the CFAC sanctions is the damage caused to a computer system through violation of programs or passwords.
The Computer Fraud and Abuse Act, 18 USC § 1030(a)(5)(A), punishes any person who knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer. This specific computer fraud crime requires "proof that the defendant knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer.” 18 USC § 1030(a)(5)(A)(i). This definite computer fraud conduct is mainly committed by trusted employees; that is, those entrusted with the company's computer system or main database.
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| INTERNET LAW - Behavioral Advertising in the United States |
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| | Martha L. Arias, IBLS Director
Tuesday, June 30, 2009
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| | Despite its seeming anonymity, Internet use can be traced by government authorities and private companies. Online advertising companies, search engines, and, in general, those engaged on Internet advertising collect Internet users’ searching data. This is called behavioral advertising. After you searched for classical music; did you received an e-mail offering the best classical music selection? Well, this is precisely what behavioral advertising does. It traces people’s Internet use so it can be utilized on advertising campaigns. Is behavioral advertising an invasion of privacy? No yet. The United States (U.S.) Congress is considering a bill that would regulate behavioral advertising. The U.S. Federal Trade Commission- FTC- already adopted some guidelines on this issue. Likewise, the New York legislature introduced a bill in 2008 that regulates this practice; this was the first U.S. state to adopt measures against this activity. This article offers general information on behavioral advertising in the United States. [More...] |
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| INTERNET LAW - Software Contracts and the Predominant Factor Test to Determine UCC Applicability |
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| | Martha L. Arias, IBLS Director
Sunday, June 14, 2009
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| | It is complex to determine whether the United States Commercial Code (UCC) applies to software contracts. The UCC applies to the sale of goods and software can be considered goods in some cases but service in other situations. Thus, the analysis must be made in a case-by-case basis. To help in this analysis, some state courts apply the predominant factor test. This article informs on how some courts apply this test and what the most relevant factors to be considered are.
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| INTERNET LAW - Immunity for Users or Providers of Interactive Computer Services |
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| | Martha L. Arias, IBLS Director
Sunday, June 14, 2009
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| | The United States (U.S.) Communications Decency Act (CDA) is one of the most significant Internet laws in the U.S, codified at 47 U.S.C.A. § 230. CDA shields from liability, interactive computer service providers that publish or display content provided by third parties. The U.S. policy, among others, as expressed in the CDA, was to promote the development of the Internet and other interactive computer services, to preserve the free Internet market, and to ensure enforcement of criminal laws that punish obscenity, stalking, and harassment by means of computer. This is, CDA intended to balance freedom of speech, the enforcement of criminal laws, and the development of Internet services. [More...] |
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| INTERNET LAW - Are Government Peer-to-Peer Software Searches Constitutional? |
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| | Martha L. Arias, IBLS Director
Wednesday, June 10, 2009
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| | Cybercrime is rising and so are government computer searches. This is because when cybercriminals find new ways to conduct their activities, governments have to find new avenues to gather computer evidence. For instance, in certain cases United States law enforcement agents use peer-to-peer software to extract evidence from criminals' computers; this requires especial software and Internet connection at both ends. Defendants have alleged violation of their constitutional rights and moved to suppress evidence gathered through this technique, but courts, almost unanimously, have held that these searches are constitutional; that is, they do not violate the Fourth Amendment to the United States (U.S.) Constitution.
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| INTERNET LAW - Is your Employer Snooping in your Personal E-Mail Account? See what the Law Says about Recovering Damages |
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| | Martha L. Arias, IBLS Director
Sunday, May 31, 2009
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| | It is clear that employees do not have any expectation of privacy in the e-mail account provided by their employers; but what about personal e-mail accounts accessed through the employer's computers at the place of employment? I am referring to that employee that gets bored at work and frequently visits his or her yahoo e-mail. Then, the employer manages to get the employee's user ID and password and accesses employee's personal account. Is there any violation of the law in this scenario and can the employee recover damages?
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| INTERNET LAW - Mixed Transactions under the Uniformed Computer Information Transaction Act |
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| | Martha L. Arias, IBLS Director
Tuesday, May 19, 2009
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| | The Uniformed Computer Information Transaction Act (UCITA) is a proposed law whose goal is to provide uniformity to information technology transactions just as the Uniformed Commercial Code (UCC) does for the sale of goods. "Mixed transactions" are those that involve computer information and other subject matter and may be subject to one or more sources of contract law. UCITA § 103(4) addresses the issue of mixed transactions and clarifies what mixed transactions are subject to UCITA.
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| INTERNET LAW - SEC Issues GLB Model Privacy Form Test Data |
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| | IBLS Contributor: U.S. Federal Trade Commission- FTC.gov
Monday, April 20, 2009
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| | The Federal Trade Commission announced today a Federal Register notice describing quantitative consumer testing of a model privacy form developed as part of a Gramm-Leach-Bliley Act (GLB) interagency notice project. The Securities and Exchange Commission has released for public comment the quantitative test information. [More...] |
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| INTERNET LAW - Public Hearing in Berkeley, California, to Focus on Intellectual Property |
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| | U.S. Federal Trade Commission, www.ftc.gov
Thursday, April 16, 2009
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| | The Federal Trade Commission today announced the fifth and final hearing in a series exploring the evolving market for intellectual property. This hearing will be held May 4-5, 2009, on the campus of the University of California at Berkeley, in cooperation with the Berkeley Center for Law and Technology [http://www.law.berkeley.edu/institutes/bclt/] and the Berkeley Competition Policy Center [http://iber.berkeley.edu/cpc/]. It will explore how markets for patents and technology operate in different industries, whether those markets operate efficiently, and how patent policy might be adjusted to respond to problems in those markets in order to better promote innovation and competition.
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| INTERNET LAW - Sinking Copyright Piracy to Protect & Create Jobs |
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| | IBLS Contributor: U.S. Chamber of Commerce, Alex Burgos, www.uschamber.com
Monday, April 13, 2009
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| | In Southern California this morning, the House Foreign Affairs Committee is holding a field hearing regarding global copyright piracy. Today's gathering is especially timely as aficionados prepare for the summer movie season, and as Congress and the administration consider ways to combat this form of job-destroying theft.
Just last week, we saw the increasingly bold efforts of such digital thieves when "X-Men Origins: Wolverine” was illegally posted online - an entire month before its scheduled theater debut.
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| INTERNET LAW - U.S. Chamber Highlights Impact of Intellectual Property Rights on Job Creation |
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| | IBLS Contributor: U.S. Chamber of Commerce, Alex Burgos, www.uschamber.com
Monday, April 06, 2009
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| | The U.S. Chamber of Commerce’s Global Intellectual Property Center (GIPC) today partnered with the Confederation of British Industry for the Third Annual Global Intellectual Property Forum in London. Taking place on the eve of the G-20 Summit, today’s discussion focused on the role of intellectual property (IP) rights in stimulating job-creating innovation.
“Protecting and promoting IP is an essential instrument of innovation that will lead to the recession-beating economic growth and job creation that G-20 leaders are pursuing,” said Mark T. Esper, executive vice president of the Chamber’s GIPC. “As the urgency surrounding this week’s G-20 Summit underscores, we are in the midst of very difficult times. And yet, there is hope because we know that all over the world today, entrepreneurs, scientists, researchers and engineers are hard at work in pursuit of the next great inventions that will rejuvenate the global economy.”
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| INTERNET LAW - Examples of the Intentional Computer Damage Crime |
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| | Martha L. Arias, IBLS Director
Monday, March 09, 2009
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| | Computer fraud, with its multiple ramifications, is among the ever increasing criminal conducts in this information era. The United States Code § 1030 penalizes fraud and other computer related crimes. Section 1030 specifically lists seven computer fraud and related activities and sets punishment for them. This article addresses one of the crimes listed by §1030 that penalize the intentional damage cause to a third party computer.
According to the U.S.C. §1030(a)(5), it is a crime to knowingly transmit a program, information, code or command to intentionally cause damage to a protected computer. Also, it is a crime to intentionally access a protected computer, without authorization, and as a result of such conduct, recklessly cause damage, or damage and loss, to that computer.
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| INTERNET LAW - Is the Pen Register and Trap and Trace Devices Act Applicable to the Internet? |
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| | Martha L. Arias, IBLS Director
Wednesday, February 25, 2009
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| | The United States enacted the Pen Register and Trap and Trace Devices Act (the Pen/Trap Act), in 1989. The Pen/Trap Act prohibits the installation or use of a pen register or a trap and trace device without first obtaining a court order. Initially, a pen register and trap and trace device were defined as instruments used to collect numbers dialed in or out a particular phone. Obviously, after 1989 the Internet and other technologies developed, and now we even rely on Internet-connected phones and VoIP (Voice Over the Internet Protocol). Thus, the question is whether the Pen/Trap Act applies to these new technologies, particularly, to the Internet.
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| INTERNET LAW - State Statutes Requiring Internet Filtering and Internet Usage Policies in Public Schools and Libraries |
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| | IBLS Editorial Department - Staff Attorney
Monday, January 05, 2009
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| | In the United States, numerous states have supplemented the Federal Children's Internet Protection Act (CIPA) by enacting legislation requiring that public schools and/or libraries adopt Internet filtering and usage policies to prevent minors from gaining access to sexually explicit, obscene, or otherwise harmful materials.
To-date, twenty-one states have enacted Internet filtering legislation requiring public school and/or public libraries to adopt Internet use policies and to filter certain Websites that are offensive or harmful to minors. While federal law already contains similar requirements, some states enacted their own legislation in this regard. The most common explanation given for this law duplication is that threatening to remove state funding from these public institutions seems to be the most effective way to enforce such laws.
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