Last Chance to Register for Broadband Policy Summit!

Broadband Policy Summit III - Begins tomorrow!
June 7-8, 2007 - The Ritz-Carlton Pentagon City - Arlington, VA
Learn firsthand from top industry experts and regulators what's hot on the legislative and regulatory agendas, how this affects broadband business practices, and what you need to do to position your organization for strategic success.  Hear from top policy-makers and industry leaders from Congress, the FCC, NTIA, state commissions, cable operators, telcos and law firms. 
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Latest News 
 
INTELLECTUAL PROPERTY
 
CDA §230 Preempts State Intellectual Property Laws, Ninth Circuit Reiterates 
 
Section 230 of the Communications Decency Act preempts causes of action based on state intellectual property laws, the U.S. Court of Appeals for the Ninth Circuit clarified May 31 in an amendment to a March 29 ruling.  CDA Section 230 does not immunize interactive computer services from "intellectual property" claims; however, the court said, Congress was referring only to intellectual property claims rooted in federal law.  The court also denied en banc rehearing of the case.  Perfect 10, Inc. v. CCBill LLC (Amended Opinion), 2007 ILRWeb (P&F) 1873.  Read more ...

Other Intellectual Property news:
 
·  Roundtable Set for June 15 to Assess Section 115 Licensing of Digital Music
·  Technical Correction Made to Webcast Royalties
·  Copyright Registration Is Agency Decision, Not Constitutional Right
·  Webcasters, NPR Seek Stay Pending Appeal of Webcasting Royalty Rate Determination
·  OECD Estimates Global IP Piracy at Minimum $200 Billion Annually
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
E-Mail Harvesting from Social Network Likely Actionable, but Not Under Spam Laws 
 
Though it likely does not fall within the prohibitions of illegal spam, e-mail harvesting from a competitor may violate California's penal code and be actionable as misappropriation, the U.S. District Court for the Northern District of California held May 21.  Plaintiff Facebook, Inc., a popular social networking site, brought this action against competitor ConnectU LLC after ConnectU gained access to hundreds of Facebook users' e-mail addresses, and began sending them messages encouraging them to switch to ConnectU.  The court allowed Facebook's arguments under the California Penal Code and allowed its common law misappropriation claim, but dismissed its claims that ConnectU had violated state and federal spam regulations.  Facebook, Inc. v. ConnectU LLC, 2007 ILRWeb (P&F) 1861.  Read more ...
 
Other Internet Commerce news: 
 
·  JEC Republicans Expect to Release Virtual Economies Report by August Recess
·  Online Marketers Settle FTC Allegations of CAN-SPAM, Web Privacy Policy Violations
·  Hong Kong's New Anti-Spam Law Sets Fines, Prison Term Sanctions
·  'Spam King' Indicted, Arrested on Electronic Mail Fraud Charges
·  Unsolicited MySpace E-Messages from Bogus Accounts Violated Federal, State Spam Laws
·  Disability Rights Group Sues Hotels.com Over Lack of Guaranteed Accessible Rooms
 
Search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Free Speech, Privacy Don't Bar Use of Private Reading Material to Prove Guilt 
 
The full U.S. Court of Appeals for the Ninth Circuit May 24 said that free speech and privacy considerations do not bar prosecutors' use of evidence of an accused's possession of certain reading material to prove criminal activity.  Accordingly, the court held that some evidence of a defendant's possession of child-sex fiction was admissible to prove his intent when he showed up for an sexual liaison he had arranged on the Internet with someone who identified herself as a 14-year-old girl but who was, in fact, a police detective.  United States v. Curtin, 2007 ILRWeb (P&F) 1881.  Read more ...
 
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TELECOMMUNICATIONS 
 
Court Upholds FCC Authority to Require VoIP USF Contributions 
 
The U.S. Court of Appeals for the District of Columbia Circuit ruled June 1 that the Federal Communications Commission has the authority to require Voice over Internet Protocol providers to pay into the universal service fund.  The court also upheld the comparison of VoIP to wireline long-distance service for the purpose of establishing the revenue base on which universal service fund contributions are assessed.  However, the court struck down two parts of the commission's order, one requiring preapproval of traffic studies and the other suspending the "carrier's carrier" rule.  Vonage Holdings Corp. v. Federal Communications Commission, 2007 ILRWeb (P&F) 2001.  Read more ...
 
Other Telecommunications news: 
 
·  FCC Seeks Tougher E-911 Rules, Tackles Alert System, Katrina Report
·  FCC Orders VoIP Providers to Comply with Disability Rules
 
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PRIVACY & SECURITY 
 
Bill Creating Security Standards, Merchant Liability for Data Losses Passes Committee 
 
A bill that would hold merchants responsible for the cost of providing notice to consumers when a security breach compromises their personal information, and make several other changes that would tighten California's landmark data breach notification law, passed the state's Assembly Appropriations Committee May 31.  A.B. 779 by Assemblyman Dave Jones (D) would change state law in response to the massive TJX Companies, Inc. data breach that was disclosed in recent months.  It would allow a business required to notify individuals of a data breach to seek reimbursement of the costs for that notice from a third party that is responsible for the breach.  Read more ...
 
Other Privacy & Security news: 
 
·  ChoicePoint Agrees to Protect Consumer Information in Settlement with 44 States
·  Senate Intelligence Committee Refuses to Go Forward with Telecom Liability Protection Bill
·  Industry Groups Issue New Attacks on 'Spyware' Bill as House Vote Approaches
 
Search ILR's Privacy & Security database 

TAXATION
 
New Jersey Bill to Give Tax Credits for Digital Media Production Companies Advances in Senate 
 
Legislation (S. 2526) that would offer digital media production companies tax incentives to locate in New Jersey is in position for a Senate floor vote after being reported May 24 by the Senate Budget and Appropriations Committee.  The measure would extend to digital media production companies the corporation business tax credit New Jersey lawmakers authorized in 2005 to attract film production companies to the state.  Read more ...

Other Taxation news: 
 
·  Amnesty Provision Comes to Close for Firms to Register with SSUTA
·  Minnesota Governor Vetoes Tax Legislation with SSUTA Compliance Provisions
 
Search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Jurisdiction Claimed Over Web Site Executive; Court Declines to Enforce Arbitration Clause 
 
An arbitration clause contained in a web site terms of service was declared unconscionable May 30 by the U.S. District Court for the Eastern District of Pennsylvania.  The court also turned back a claim by the site's chief executive officer, a California resident, that the Pennsylvania court lacked jurisdiction over him.  Judge Eduardo C. Robreno found that the executive's involvement in promoting the Second Life virtual world, particularly promoting the claim that Second Life users owned their virtual property, created sufficient minimum contacts with Pennsylvania to support the constitutional assertion of specific personal jurisdiction over him.  Bragg v. Linden Research, Inc., 2007 ILRWeb (P&F) 1869.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Web Site Linking to National Distributors, Referencing Sales Not Purposeful Availment
 
Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Germany Moves to Tighten Anti-Hacking Law, Add Long Prison Terms for Corporate Attacks 
 
German legislation seeking to establish increased penalties for computer hacking, including steep prison time for hacking resulting in damage to corporate files, has created some concerns that law-abiding computer users might get caught up in its web.  The measure, (Bill No. 16/3656), was approved by the Bundestag May 24.  It must now be approved by the Bundesrat, the branch of Parliament whose members directly represent the governments of Germany's 16 states, before heading to the president's desk for a signature.  The legislation, which would impose penalties for illegally accessing others' electronic data, would bring Germany in line with prevailing anti-hacking standards in Europe.  Read more ...
 
Search ILR's Criminal Liability database 

Latest Cases 
 
·  Amburgey v. Atomic Ski USA, Inc., 2007 ILRWeb (P&F) 1871 [D Maine] (Web site linking to national distributors, referencing sales not purposeful availment)
·  Bragg v. Linden Research, Inc., 2007 ILRWeb (P&F) 1869 [ED Pa] (Representations made to induce visits to web site support specific personal jurisdiction)
·  Darden v. Peters, 2007 ILRWeb (P&F) 1847 [4th Cir] (Web map collection not copyrightable either as stand-alone work or compilation)
·  EPCO Carbondioxide Products, Inc. v. Bank One, NA, 2007 ILRWeb (P&F) 1859 [WD La] (No evidence that parties had agreed to transact business electronically, in accordance with Louisiana's UETA)
·  Facebook, Inc. v. ConnectU LLC, 2007 ILRWeb (P&F) 1861 [ND Cal] (State and federal anti-spam claims dismissed, but claims based on improper harvesting of e-mail addresses survive)
·  Federal Trade Commission v. Pacific Herbal Sciences, Inc. (Stipulated Final Judgment and Order as to Lei Lu, et al.), 2007 ILRWeb (P&F) 1697 [CD Cal] (Online marketers settle FTC allegations of CAN-SPAM, web privacy policy violations)
·  Federal Trade Commission v. Pacific Herbal Sciences, Inc. (Stipulated Final Judgment and Order as to Pacific Herbal Sciences, Inc., et al.), 2007 ILRWeb (P&F) 1695 [CD Cal] (Online marketers settle FTC allegations of CAN-SPAM, web privacy policy violations)
·  Gordon v. Impulse Marketing, Inc., 2007 ILRWeb (P&F) 1867 [ED Wash] (Plaintiff may continue to pursue his claims under Washington's Commercial Electronic Mail Act, Consumer Protection Act, Deceptive Offers statute, Identity Crimes statute, and Prize statute, and the federal CAN-SPAM Act)
·  Illinois Bell Telephone Co. v. Village of Itasca, Illinois, 2007 ILRWeb (P&F) 1883 [ND Ill] (Telecom provider, seeking to upgrade its facilities for deployment of IP-based services, sufficiently alleges causes of action under federal and state law against seven Illinois municipalities that have allegedly deprived plaintiff of its rights to use public rights-of-way)
·  Kleffman v. Vonage Holdings Corp., 2007 ILRWeb (P&F) 1863 [CD Cal] (Failure to send commercial e-mail from single domain is not a misrepresentation under California anti-spam statute; claim based on that statute is preempted in any event by CAN-SPAM)
·  MySpace, Inc. v. TheGlobe.com, Inc. (Settlement), 2007 ILRWeb (P&F) 1303 [CD Cal] (Unsolicited MySpace e-messages from bogus accounts violated federal, state spam laws)
·  Nazaruk v. eBay, Inc., 2007 ILRWeb (P&F) 1877 [10th Cir] (Judgment of dismissal upheld based on forum selection clause in eBay User Agreement)
·  Perfect 10, Inc. v. CCBill LLC (Amended Opinion), 2007 ILRWeb (P&F) 1873 [9th Cir] (Ninth Circuit issues amended opinion to clarify that CDA immunity applies to all state intellectual property laws)
·  Requa v. Kent School District No. 415, 2007 ILRWeb (P&F) 1865 [WD Wash] (School suspension not based on off-campus conduct linking to YouTube video, but in-classroom filming of teacher)
·  Search of Yahoo, Inc., In re, 2007 ILRWeb (P&F) 1879 [D Ariz] (District court may properly issue a search warrant ordering the search and production of electronic evidence pursuant to 18 USC §2703(a) where the warrant is directed to an out-of-district ISP located in California)
·  United States v. Curtin, 2007 ILRWeb (P&F) 1881 [9th Cir] (Free speech, privacy don't bar use of private reading material to prove guilt)
·  United States v. Park, 2007 ILRWeb (P&F) 1875 [ND Cal] (Warrantless search of cell phone violates Fourth Amendment)
·  Vonage Holdings Corp. v. Federal Communications Commission, 2007 ILRWeb (P&F) 2001 [DC Cir] (Court upholds VoIP USF contribution requirement, rejects some process details)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Application of the Commonwealth for an Order for Disclosure of Records of a Remote Computing Service, MySpace.com, In re (Request of MySpace.com for an In Camera Submission in Response to Order), 2007 ILRWeb (P&F) 2000 [Pa Ct Com Pleas] (MySpace submits certain e-mail records for in camera review to determine whether disclosure would violate the Stored Communications Act)
·  Digital Media Association v. Copyright Royalty Board (Appellants' Motion for Stay Pending Appeal), 2007 ILRWeb (P&F) 1830 [DC Cir] (Webcasters request stay pending appeal of CRB royalty rate determination)
·  Smith v. Hotels.com L.P. (Class Action Complaint), 2007 ILRWeb (P&F) 1826 [Cal Super Ct] (Disability rights group sues Hotels.com over lack of guaranteed accessible rooms)
·  United States v. Soloway (Indictment), 2007 ILRWeb (P&F) 1828 [WD Wash] ('Spam king' indicted, arrested on electronic mail fraud charges)
·  Zango, Inc. v. Kaspersky Lab, Inc. (Plaintiff's Motion for Temporary Restraining Order), 2007 ILRWeb (P&F) 1832 [WD Wash] (Online marketer seeks TRO against anti-spyware company that allegedly disables plaintiff's programs)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

The White Space Opportunity:  Spectrum as a Public Asset and the Impact on Incumbents
The FCC is in the final stages of deciding if and how to authorize use of the TV broadcast "white space," which it could make available by early 2009.  In this first-of-its-kind paradigm, we propose a detailed white space policy designed to maximize the amount of spectrum made available for "community" broadband networks.  We highlight the federal government's historic opportunity to directly and fully serve the public interest.  And as a final exercise, we consider the potential impact that our proposed free public networks would have on incumbents' revenues. 

Cable Commercial-Services Strategies
The nation's top cable operators are launching a long-anticipated push to develop and broadly deploy a commercial services portfolio focused on the small and mid-sized business (SMB) segment. In attacking this multibillion dollar opportunity, the cable companies have fundamental decisions to make regarding technology solutions, the types of customers to target, the channel partners they will leverage in reaching those customers, and service portfolios to market through those channels.  This 30+ page report provides an overview of the commercial services strategies of the leading U.S. cable operators, analyzes their existing and emerging capabilities, and details the critical success factors for the cable industry in targeting the SMB opportunity.

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit III - Last Chance to Register!
June 7-8, 2007 - The Ritz-Carlton Pentagon City - Arlington, VA
Learn firsthand from top industry experts and regulators what's hot on the legislative and regulatory agendas, how this affects broadband business practices, and what you need to do to position your organization for strategic success.  Hear from top policy-makers and industry leaders from Congress, the FCC, NTIA, state commissions, cable operators, telcos and law firms. 
Download Brochure   Register Now 

Legal Risk Management in the Web 2.0 World - Early Bird Registration Ends August 1
September 18, 2007 - AED Conference Center - Washington, D.C.
Gain the latest insights and guidance on dealing with the growing array of legal risks associated with social networking, user-generated content and other applications in the Web 2.0 world.  Prepare yourself by learning about existing and potential liabilities, and how you can manage your risk.  Join Pike & Fischer's team of attorney-experts and Broadband Advisory Services analysts and your fellow telecom and law colleagues for this unprecedented event.  Take advantage of our early bird rate and secure your registration today.
Learn More  Register Now

Anti-Counterfeiting & Brand Protection: Combating the Escalating Danger of Global Counterfeiting
September 17 - 19, 2007 – The Westin New York at Times Square, New York, NY
IQPC's second event on Anti-Counterfeiting and Brand Protection will address the huge challenges associated with combating and preventing the manufacturing and distributing of counterfeit goods. Find out how to generate more profit and protect your company's brand. Our speakers and panelists will share strategies for securing and enforcing Intellectual Property rights strategically overseas, particularly in China as well as others (Malaysia, Hong Kong, Taiwan, Russia, Pakistan, North and South Korea, Argentina, Brazil, Paraguay, among others). This conference will provide you with all the tools necessary to strengthen your organization's brand protection strategy in order to ensure continuous growth and, most importantly, success in an ever competitive global marketplace. Register now by calling 1-800-882-8684 or visiting us at: http://www.iqpc.com/us/anticounterfeit/ilr

View all Events & Conferences

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