 | INTERNET LAW - GPS Tracking for Children: Is It a Violation of Children’s Privacy? |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, October 04, 2009
|
| | 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...] |
|
| INTERNET LAW - Court-Ordered Parenting Programs: State Courses v. Out-of-State Online Courses |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Wednesday, September 30, 2009
|
| | 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.
[More...] |
|
| INTERNET LAW - Be Careful- There May not be Reasonable Expectation of Privacy in Text Messages |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, September 13, 2009
|
| | Is there reasonable expectation of privacy in text messages? Just as this question arouse in the context of e-mails, telephonic conversations, computer information, and other technological means, users are now wondering whether their text messages are truly private. A simple answer is no; there is no reasonable expectation of privacy in text messages when those messages are offered by one of the parties to the communication. This article provides a legal explanation to this issue through a case decided by the United States Court of Appeals for the 11th Circuit.
[More...] |
|
| INTERNET LAW - Finding the “Anonymous Dogs” on the Internet: Court-Authorized Investigations of Anonymous Illegal Conduct |
| | Email Article
|
| | By David J. Goldstone, partner, Goodwin Procter
Tuesday, September 08, 2009
|
| | 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.
[More...] |
|
| INTERNET LAW - Finding the “Anonymous Dogs” on the Internet: Court-Authorized Investigations of Anonymous Illegal Conduct |
| | Email Article
|
| | By David J. Goldstone, partner, Goodwin Procter
Wednesday, September 02, 2009
|
| | 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.
[More...] |
|
| 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.
[More...] |
|
| INTERNET LAW - Arbitration Clause and Internet Contracts of Adhesion |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Tuesday, August 11, 2009
|
| | 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.
[More...] |
|
| INTERNET LAW - Auction Websites and the Sale of Prescription Drugs |
| | Email Article
|
| | IBLS Editorial Department
Sunday, August 09, 2009
|
| | The United States (US) Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) are the government agencies regulating and controlling the sale of prescription drugs in the US. US online sites illegally dispensing prescription drugs may face liability and be the subject of lawsuits filed by any of these agencies, specially the FTC. Likewise, private auction sites are contribute to controlling the sale of prescription drugs in the US by assuring that its customers do not list these items in their websites. This article provides information on the online sale of prescription drugs in the United States.
[More...] |
|
| INTERNET LAW - Pirated Games Played on the XBOX System |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Wednesday, August 05, 2009
|
| | The XBOX system is currently one of the most popular video game systems in the market. Its popularity may be that it (1) contains excellent vivid graphics, (2) can be played by adults, and (3) allows games to be played live through the Internet so people all over the world can connect to play the same game. Thus, when a video game becomes popular, some computer talented people find their way to modify them so the game can be played on the XBOX system. Is this a copyright violation of video games and can courts grant Ex Parte temporary restriction orders? [More...] |
|
| INTERNET LAW - Must Cable Companies Providing Internet Services Notify Subscribers of Personal Information Given to the Government in Criminal Investigations? |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, July 26, 2009
|
| | The United States 1984 Cable Act (CA) regulates provision of cable services. At the time of its enactment, cable companies did not provide Internet services, as it is a common practice nowadays. CA regulates cable and "other services.” Whether Internet services rendered by cable companies are regulated by the CA is still a matter of debate, and opinions are split among United States district courts. Congress is hushed still. Yet, lack of a concrete rule on this matter does not mean legal questions are not arising. For instance, does a cable company providing Internet services have to notify subscribers when their personal information is given to government authorities conducting criminal investigations? [More...] |
|
| INTERNET LAW - Transmission of a Malicious Program under the Computer Fraud and Abuse Act and Circumstantial Evidence |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, July 19, 2009
|
| | 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.
[More...] |
|
| INTERNET LAW - Prohibition from Accessing the Internet as Defendant’s Condition of Supervised Release |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, July 12, 2009
|
| | Defendants in criminal proceedings are imposed conditions or restrictions when granted supervised release. Now with Internet crimes on the rise, United States (U.S.) courts are imposing the prohibition from accessing the Internet as condition of supervised release. The prohibition from accessing the Internet may be imposed as initial condition or may be added as modification of supervised release conditions. But, is this prohibition legal? and how does it fit federal sentencing guidelines? [More...] |
|
| INTERNET LAW - Behavioral Advertising in the United States |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Tuesday, June 30, 2009
|
| | 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...] |
|
| INTERNET LAW - Ponzi Scheme on the Internet |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, June 28, 2009
|
| | Ponzi schemes are flourishing in the world; as a manifestation of the inexhaustible money and power ambition that drives the 21st -century society. It is difficult to assimilate how brilliant minds, such as those conducting these schemes, can infamously steal money from elderly, children’s inheritance, and from those who have worked hard to save for retirement. This is precisely what the most recent Stanford Ponzi scheme did and what many other have done in the United States and other countries. Now, Ponzi schemes are conducted on the Internet as well. This article provides information on a Ponzi scheme conducted on the Internet.
[More...] |
|
| 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.
[More...] |
|
| INTERNET LAW - Software Contracts and the Predominant Factor Test to Determine UCC Applicability |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, June 14, 2009
|
| | 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.
[More...] |
|
| INTERNET LAW - Immunity for Users or Providers of Interactive Computer Services |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, June 14, 2009
|
| | 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...] |
|
| INTERNET LAW - Are Government Peer-to-Peer Software Searches Constitutional? |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Wednesday, June 10, 2009
|
| | 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.
[More...] |
|
| INTERNET LAW - Is your Employer Snooping in your Personal E-Mail Account? See what the Law Says about Recovering Damages |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Sunday, May 31, 2009
|
| | 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?
[More...] |
|
| INTERNET LAW - Mixed Transactions under the Uniformed Computer Information Transaction Act |
| | Email Article
|
| | Martha L. Arias, IBLS Director
Tuesday, May 19, 2009
|
| | 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.
[More...] |
