Wednesday, September 13, 2006		ILR Home Page

Weekly Alert September 13, 2006 Latest News Intellectual Property Internet Commerce Freedom of Speech Telecommunications Privacy & Security Jurisdiction & Procedure Criminal Liability Latest Cases Latest Pleadings, Motions, & Briefs Submissions Welcome Subscription Information

Latest News INTELLECTUAL PROPERTY WIPO Members Head for Decision to Hold Conference on Broadcast Treaty Members of the World Intellectual Property Organization appear headed for a decision to schedule a diplomatic conference sometime next year in order to adopt a new international treaty on broadcasters' rights. Officials and industry observers taking part in a Sept. 11-13 meeting of WIPO's Standing Committee on Copyright and Related Rights (SCCR) said that a growing number of delegations were expressing support for a decision to schedule the conference in 2007, even though significant differences remain on the scope and content of the proposed treaty. Read more...

Other Intellectual Property news: IT Industry, Consumer Groups Question Need for New Broadcasters' Rights in Treaty Proper Registration Necessary for First Sale Doctrine Exception to Apply Center for Democracy & Technology Issues Report on DRM Search ILR's Intellectual Property database

INTERNET COMMERCE Virginia Appeals Court Rejects Vagueness, Commerce Clause Challenges to Spam Law The constitutionality of Virginia's anti-spam statute was upheld Sept. 5 against claims that it violates federal constitutional protections for free speech and interstate commerce, and that it is unconstitutionally vague as applied to a man who spammed thousands of America Online subscribers. The Virginia Court of Appeals, in an unanimous opinion by Judge James W. Haley Jr., blunted much of the force of the defendant's constitutional claims by characterizing the statute as an anti-trespass measure rather than a restriction on protected expression. Jaynes v. Commonwealth of Virginia, 2006 ILRWeb (P&F) 2603. Read more...

Other Internet Commerce news: Target Can Be Sued for Allegedly Inaccessible Web Site, Judge Rules Microsoft, European Lawmakers Swap Charges Over Rollout of Vista Software U.K. Group Says Online Sellers Make Closing Accounts Hard or Impossible German State Readies Gambling Ad Ban Clash Over Vista Rollout Continues Amid EU Warnings Against Bundling Search ILR's Internet Commerce database

FREEDOM OF SPEECH Rights Created by CDA Immunity Law Are Enforceable by Federal Civil Rights Action Section 230 of the Communications Decency Act, which gives Internet service providers federal immunity from state suits seeking to hold them liable for content created by others, confers rights enforceable by federal civil rights laws, the U.S. District Court for the Eastern District of Pennsylvania declared Aug. 30. With this view of the law in mind, Judge Mary A. McLaughlin denied state officials' motion to dismiss a civil rights action, under 42 USC §1983, challenging enforcement of Pennsylvania's child pornography law against the ISP. Voicenet Communications, Inc. v. Corbett, 2006 ILRWeb (P&F) 2477. Read more...

Other Freedom of Speech news: California Justices Weigh Scope of CDA Immunity for Online Defamation Search ILR's Freedom of Speech database

TELECOMMUNICATIONS Fate of Senate Communications Bill Still Uncertain as Groups Resume Efforts The fate of a major communications bill (H.R. 5252) to reform the nation's video franchising laws and provide some net neutrality protections remained unclear Sept. 6, as the attention of the bill's chief sponsor was drawn to a defense appropriations measure currently under consideration on the Senate floor. Still, no sooner were senators back in Washington when two groups—one in favor of the legislation and one against—released claims that the bill would either save consumers billions or cost localities billions. There are less than five weeks remaining until the Congress adjourns for the mid-term elections for all groups to make their case. Read more...

Other Telecommunications news: Key Staffers Still Holding Out Hope Communications Bill Can Pass This Year Martin Grilled on Net Neutrality, Universal Service, Media Issues Search ILR's Telecommunications database

PRIVACY & SECURITY Social Networking Site Operators to Pay Largest Civil Penalty for COPPA Violation The operators of one of the most popular social networking web sites will settle Federal Trade Commission allegations that they violated the Children's Online Privacy Protection Act (COPPA) and its implementing rule by paying the largest civil penalty, $1 million, ever assessed for a COPPA violation, according to a proposed consent judgment filed by the Justice Department in the U.S. District Court for the Southern District of New York. United States v. Xanga.com, Inc. (Consent Decree and Order), 2006 ILRWeb (P&F) 2607. Read more...

Other Privacy & Security news: DOJ Calls for Improvements to House Surveillance Measure Spyware Operators Will Pay Over $2 Million to Settle Charges Bush Urges Congress to Provide Clear Authority for Wiretap Program Spyware Class Action Against Zango, Formerly 180solutions, Is Fully Dismissed Dutch Court Orders ISP to Release Customer Data to IP Anti-Piracy Trade Association Industry Group Urges Senate Judiciary to Move Slowly with Wiretap Legislation Bill Would Spur Electronic Records for Federal Employees' Health Care Program Database Bill Moves Forward, Bloggers Seen as Key to Approval Search ILR's Privacy & Security database

JURISDICTION & PROCEDURE Wiping Hard Drive After Notice to Preserve Prompts Court to Impose Default Judgment A file-sharing defendant who used "wiping" software to delete incriminating evidence from her computer's hard drive after notice of the lawsuit and a court order to image the hard drive is subject to default judgment, the U.S. District Court for the Western District of Texas ruled Aug. 21. "By destroying the best evidence relating to the central issue in the case, defendant has inflicted the ultimate prejudice upon plaintiffs," said Judge Orlando L. Garcia. Arista Records, L.L.C. v. Tschirhart, 2006 ILRWeb (P&F) 2459. Read more...

Other Jurisdiction & Procedure news: No Jurisdiction for Republication of Quotes on Site Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY Utah Agrees to Forgo Enforcement of Anti-Porn Law Until Changes Are Made Utah officials have delayed the effective date of a 2005 measure (H.B. 260) designed to address Internet pornography until lawmakers fix aspects of it that have been challenged as unconstitutional. The state stipulated to a court order, approved Aug. 25, entering a preliminary injunction barring the enforcement of the challenged portions of House Bill 260 passed during the 2005 general session. The King's English v. Shurtleff (Stipulated Order), 2006 ILRWeb (P&F) 2465. Read more...

Other Criminal Liability news: Rejected USC Applicant Pleads Guilty to Hack of Admissions System, Theft of Personal Data Search ILR's Criminal Liability database

Latest Cases Action Tapes, Inc. v. Mattson, 2006 ILRWeb (P&F) 2471 [8th Cir] (Proper registration necessary for first sale doctrine exception to apply) Al-Haramain Islamic Foundation, Inc. v. Bush, 2006 ILRWeb (P&F) 2611 [D Ore] (Motion to dismiss case pertaining to NSA's alleged spying program denied) Arista Records, L.L.C. v. Tschirhart, 2006 ILRWeb (P&F) 2459 [WD Tex] (Wiping hard drive after notice to preserve prompts court to impose default judgment) Federal Trade Commission v. Enternet Media, Inc. (Stipulated Final Order), 2006 ILRWeb (P&F) 2481 [CD Cal] (Spyware operators will pay over $2 million to settle charges) Furst Von Thurn Und Taxis v. Prince Von Thurn Und Taxis, 2006 ILRWeb (P&F) 2479 [SD NY] (Where complaint alleged that descendant of distant branch of European royal family used name to capitalize on the goodwill associated with the family in international business circles, ACPA claim withstands motion to dismiss) Jaynes v. Commonwealth of Virginia, 2006 ILRWeb (P&F) 2603 [Va Ct App] (Virginia appeals court rejects vagueness, Commerce Clause challenges to spam law) National Federation of the Blind v. Target Corp., 2006 ILRWeb (P&F) 2609 [ND Cal] (Target can be sued for allegedly inaccessible web site) Land's End, Inc. v. Remy, 2006 ILRWeb (P&F) 2605 [WD Wis] (Defendants exploited plaintiff's mark for their own commercial gain by using typosquatting domain names to obtain commissions on sales) Plantation Botanicals, Inc. v. Euromed USA, Inc., 2006 ILRWeb (P&F) 2489 [MD Fla] (No jurisdiction for republication of quotes on site) Pop Warner Little Scholars, Inc. v. New Hampshire Youth Football & Spirit Conference, 2006 ILRWeb (P&F) 2613 [D NH] (Search results triggered by out-of-date metatags do not warrant injunctive relief) Solers, Inc. v. Doe (Order Granting Motion to Quash Subpoena), 2006 ILRWeb (P&F) 2485 [DC Super Ct] (Private allegation of copyright infringement is not enough to support defamation claim) Stichting BREIN v. UPC Nederland BV, 2006 ILRWeb (P&F) 2483 [Amsterdam Civ Ct] (Dutch court orders ISP to release customer data to IP anti-piracy trade association) The King's English v. Shurtleff (Stipulated Order), 2006 ILRWeb (P&F) 2465 [D Utah] (Utah agrees to forgo enforcement of anti-porn law until changes are made) Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Redland Insurance Co., 2006 ILRWeb (P&F) 2487 [9th Cir] (Expenses for computer-based legal research are compensable as "reasonable attorney's fees") United States v. Xanga.com, Inc. (Consent Decree and Order), 2006 ILRWeb (P&F) 2607 [SD NY] (Social networking site operators to pay largest civil penalty for COPPA violation) Voicenet Communications, Inc. v. Corbett, 2006 ILRWeb (P&F) 2477 [ED Pa] (Rights created by CDA immunity law are enforceable by federal civil rights action) Search ILR's Cases database

Latest Pleadings, Motions, & Briefs United States v. Milgram (Brief of Defendants Milgram, Nolan, and O'Donnell in Support of Motion to Dismiss), 2006 ILRWeb (P&F) 2600 [D NJ] (N.J. argues that DOJ's move to block a state investigation into whether telephone companies provided call records to the NSA without a warrant interferes with its ability to investigate violations of state law) Search ILR's Pleadings database

Submissions Welcome Have you got a case or a pleading you'd like to see highlighted? Are you interested in submitting an article for inclusion in ILR's "Analysis & Perspective" section? Please send submissions to Mark Smith, Managing Editor, Pike & Fischer Internet Law & Regulation, 1010 Wayne Ave., Suite 1400, Silver Spring, MD 20910-5600; tel. 800-255-8131 x265, fax 301-562-1521, or e-mail msmith@pf.com.

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