Latest News 
 
INTELLECTUAL PROPERTY
 
Google Books Settlement Prompts Questions About Effect on Readers, Libraries, Others

Google, Inc. and the American publishers and authors that sued it two years ago have come to an agreement on how to settle their case over Google's scanning of entire libraries of books for full-text searches on the Internet. However, ambiguities remain regarding how the settlement will affect non-U.S. copyright holders, readers, libraries, researchers, and the future of books, in general.  Many of these questions were raised at a March 13 seminar hosted by Columbia University's law school.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Mere Use of Internet for Marketing Not 'Shared Marketing Channel' for Lanham Act
·  'Citybank' Domain Serving Pay-Per-Click Financial Advertisements Violates the ACPA
·  WIPO Cites Record Number of Cybersquatting Cases, Calls on ICANN to Minimize gTLD Disputes
·  EU Telecom Companies Launch New Website to Ward Off Illegal Downloading Crackdown
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
CFAA Limitations Period Runs from Time of Unauthorized Access, Not Discovery of Loss

The limitations period for a plaintiff bringing a claim under the Computer Fraud and Abuse Act, which states that a claim must be filed "within two years of discovering damage," applies only to claims predicated on computer damage, not loss, the U.S. District Court for the Northern District of Illinois held Feb. 25.  Kluber Skahan & Associates, Inc. v. Cordogan, Clark & Associates, Inc., 2009 ILRWeb (P&F) 1309.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Civil Claim That Data Misuse Caused Loss Above CFAA Floor Yields Federal Jurisdiction
·  French Court Rules ISP Must Make Soccer Channel Available Via Competitors
·  Sending Letters to Client List Ruled CFAA-Authorized
·  Target, Blind Class Web Access Settlement Approved
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Texas Court Orders Web Speaker Identities Disclosed

Nearly 200 anonymous web speakers alleged to have engaged in defamatory speech will have their identifying information disclosed in accordance with a subpoena authorized Feb. 4 by a judge in the Texas District Court for the 348th District.  Lesher v. Does 1-178 (Original Petition), 2009 ILRWeb (P&F) 1234.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Public, Private Interests Spar Over Eligibility for Stimulus Funds

Officials representing commercial interests, labor unions, and state regulators March 16 offered contrasting visions of how the federal agencies that will distribute funds in the stimulus legislation for broadband infrastructure should determine eligibility.  On the one side, broadband providers and equipment manufacturers argue that anyone, even entrepreneurs, should be able to apply for a grant.  But state regulators want commercial interests to partner with state entities before they can apply.  Subscribers read more ...

Other Telecommunications news: 
 
·  Boucher Sees USF Reform a Priority, Goal to Report Out Bill in Near Term
·  Hearing on Universal Service Reform Raises Issues of How to Fund Broadband
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Cloud Computing Raises Data Security Risks, but Old Safeguards Still Apply to Technology

Cloud computing—in which corporate data moves from in-house databases to off-site information storage and software application services and is accessed via the Internet—raises data security risks, but they are not fundamentally new concerns, speakers said March 12.  Panelists at a session entitled "Cloud Computing and Privacy," held at the International Association of Privacy Professionals Privacy Summit '09, also said basic best practices safeguards apply to the new technology.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Industry Group Calls for Shift in U.S. Data Protection Approach
·  Process, Not Specific Protocol, Likely Direction of Data Breach Duty Standards
·  Senate Commerce Committee Expected to Revisit Data Security
·  FTC Could Soon Examine Secondary Uses of Data Collected About Web Users' Activities
·  Senator Studies Data Broker Concerns as Part of Privacy Act Review, Aide Says
·  Security, Privacy Must Precede E-Records Adoption to Mitigate Data Error Propagation
·  Attorneys Tell FTC Continued Guidance, Not Laws, May Be Best Path to Data Security
·  Web Businesses Should Consider Enhanced Privacy Notices on Data Use, Speaker Says
·  NIST Issues Domain Name System Security Guidance
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Wisconsin Petition to SSUTA Appears on Track, Streamlined Committee Told

Members of a Streamlined Sales Tax Governing Board, Inc. committee heard an update March 12 on the status of Wisconsin's petition for membership.  A review is under way by the Compliance Review and Interpretations Committee (CRIC), with volunteers from the committee and from the State and Local Government Advisory Council, CRIC Chair Andy Sabol of North Carolina told the group via teleconference.  Subscribers read more ...

Other Taxation news: 
 
·  Russia's Finance Ministry Issues New Guidance on VAT Regulations
·  New York Considers Open Source Tax Credit
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Never Seeing, Personally Agreeing to Forum Selection Clause Not Grounds for Invalidation

Neither a website user's failure to read terms of service nor the possibility that he was logged in under someone else's account will invalidate an otherwise binding venue selection clause, the U.S. District Court for the Eastern District of Missouri held March 6.  Burcham v. Expedia, Inc., 2009 ILRWeb (P&F) 1409.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Idaho-Based eBay Purchaser Held Subject to Suit for Contract Breach in Seller's State
·  Venue Holding Stands in Yahoo! Keyword Ad Suit
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
IRS Needs to Continue to Address Malware Threat, TIGTA Report Says

The Treasury Inspector General for Tax Administration March 16 released its most recent review of Internal Revenue Service computer security and concluded that IRS has taken steps to protect its computer systems and taxpayer data from the increasing threat of hackers, but needs to focus additional attention to address the ongoing threat.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Communications Industry Survey 2009: Broadband and the Economic Crisis

Readers of Internet Law & Regulation are invited to participate in a brief, 25-question, multiple-choice survey of the communications industry being conducted by Pike & Fischer's Broadband Advisory Services division. The survey seeks to gauge industry opinion about the state of the U.S. economy, the state of the regulatory climate for the communications industry and the state of the industry overall.

We encourage you to take five minutes to complete the survey. In doing so, you will gain access to insightful information that may help guide your organization during these times of economic and political change. You may access the survey here:

http://www.surveymonkey.com/s.aspx?sm=2mgRs8ge_2b_2bUTcXPKRmR0bA_3d_3d

In exchange for your participation, you will receive a FREE synopsis of the top line results and a $100 discount off the full study when it is published in June 2009. Responses are kept strictly confidential. Please respond to the survey by April 17, 2009. We look forward to your participation!

Latest Cases 
 
·  American Family Mutual Insurance Co. v. Hollander (Report and Recommendation), 2009 ILRWeb (P&F) 1417 [ND Iowa] (Former insurance company employee, who sent letters about a new company using a list obtained from his former employer's database, should not be held liable under CFAA because he had permission to access list)
·  Attaway v. Omega, 2009 ILRWeb (P&F) 1439 [Ind Ct App] (Idaho-based eBay purchaser held subject to suit for contract breach in seller's state)
·  Brown-Criscuolo v. Wolfe, 2009 ILRWeb (P&F) 1421 [D Conn] (Plaintiff had a reasonable expectation of privacy in her e-mails at work)
·  Burcham v. Expedia, Inc., 2009 ILRWeb (P&F) 1409 [ED Mo] (Forum selection clause in online clickwrap agreement is enforceable)
·  Capitol Records, Inc. v. MP3tunes, LLC, 2009 ILRWeb (P&F) 1433 [SD NY] (DMCA counterclaim seeking affirmative relief is dismissed)
·  Certain Approval Programs, L.L.C. v. XCentric Ventures L.L.C., 2009 ILRWeb (P&F) 1419 [D Ariz] (CDA does not completely immunize defendants from plaintiffs' proposed claim for misappropriation of name or likeness)
·  Cintas Corp. v. Unite Here, 2009 ILRWeb (P&F) 1423 [SD NY] (Claims for trademark infringement, dilution, and cybersquatting against pro-union website critical of plaintiff's practices are dismissed)
·  Citigroup, Inc. v. Shui, 2009 ILRWeb (P&F) 1283 [ED Va] (Individual who registered "citybank.org" domain, and hosted pay-per-click ads for financial services there, did so in bad faith in violation of ACPA)
·  Eagle Hospital Physicians, LLC v. SRG Consulting, Inc., 2009 ILRWeb (P&F) 1413 [11th Cir] (Dismissal of counterclaim and entry of default judgment a proper sanction where party intercepted e-mails subject to attorney-client privilege)
·  Ecommerce Innovations L.L.C. v. Does 1-10, 2009 ILRWeb (P&F) 1315 [D Ariz] (Since the Ninth Circuit has not yet addressed the standard to be applied in discovering the identities of anonymous Internet posters, the court's order permitting disclosure is stayed pending appeal)
·  Ennis Transportation Co. v. Richter, 2009 ILRWeb (P&F) 1311 [ND Tex] (Claims that a company incurred losses above the CFAA's statutory minimum from departing employees' misappropriation of proprietary data were sufficient to generate federal subject matter jurisdiction)
·  Free v. France Telecom, 2009 ILRWeb (P&F) 1313 [Tribunal de Commerce de Paris (France)] (France's biggest telecommunications and Internet service provider must make soccer channel available via competitors)
·  Hoang v. Reunion.com, Inc., 2009 ILRWeb (P&F) 1427 [ND Cal] (Plaintiffs fail to show that CAN-SPAM preemption ruling should be reconsidered, but court will afford plaintiffs leave to file a motion for reconsideration on the question of standing)
·  Kluber Skahan & Associates, Inc. v. Cordogan, Clark & Associates, Inc., 2009 ILRWeb (P&F) 1309 [ND Ill] (Limitations period for a plaintiff bringing claim under CFAA, which states that a claim must be filed "within two years of discovering damage," applies only to claims predicated on computer damage, not loss)
·  Liao v. Ashcroft, 2009 ILRWeb (P&F) 1437 [ND Cal] (CNN's alleged blocking of plaintiff's Internet posting is insufficient basis for §1983 claim absent facts showing that CNN was a willful participant in joint action with the government)
·  MDY Industries, LLC v. Blizzard Entertainment, Inc., 2009 ILRWeb (P&F) 1431 [D Ariz] (Permanent injunction based on the copyright and DMCA violations should be stayed pending appeal, but not the permanent injunction on the tortious interference claim)
·  M2Z Networks, Inc. v. Federal Communications Commission, 2009 ILRWeb (P&F) 1411 [DC Cir] (FCC order dismissing M2Z's application to provide wireless broadband service in the 2155-2175 MHz band, and denying M2Z's associated petition for forbearance from the application processing rules, is affirmed)
·  National Federation of the Blind v. Target Corp. (Class Settlement and Release), 2009 ILRWeb (P&F) 1429 [ND Cal] (Court gives final approval of $6 million settlement ending claims brought by blind shoppers under the Americans With Disabilities Act and California state law alleging Target's website was inaccessible to sight-impaired shoppers)
·  Ohio, State of v. Hurst, 2009 ILRWeb (P&F) 1425 [Ohio Ct App] (State established that defendant sought out images of child porn on the Internet and exercised dominion and control over them)
·  Rearden LLC v. Rearden Commerce, Inc., 2009 ILRWeb (P&F) 1115 [ND Cal] (Common use of the Internet for marketing is not enough to establish that two companies used overlapping marketing channels to promote their services, one of the elements required to show Lanham Act likelihood of confusion)
·  Times Newspapers Ltd. (Nos. 1 and 2) v. United Kingdom, 2009 ILRWeb (P&F) 1407 [ECHR] (Internet publication rule does not violate freedom of expression)
·  Washington, State of v. Aljutily, 2009 ILRWeb (P&F) 1435 [Wash Ct App] (Statute that prohibits electronic communications with a minor "for immoral purposes" is not unconstitutionally overbroad)
·  Yahoo! Inc., In re, 2009 ILRWeb (P&F) 1415 [5th Cir] (District court did not abuse discretion in refusing to transfer trademark suit pursuant to forum selection clause in Sponsored Search Agreement)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Krottner v. Starbucks Corp. (Class Action Complaint), 2009 ILRWeb (P&F) 1232 [WD Wash] (Starbucks employees allege that firm's failure to follow data security best practices for laptops made it liable in negligence for loss of unencrypted personal data on laptop stolen from one of the company's stores)
·  Lesher v. Does 1-178 (Original Petition), 2009 ILRWeb (P&F) 1234 [Tex Dist Ct] (Couple, who were one-time subjects of a sexual assault investigation, sues 178 anonymous web commenters, seeks disclosure of their identifying information)
·  Sony BMG Music Entertainment, In re (Supplemental Brief of Petitioners), 2009 ILRWeb (P&F) 1404 [1st Cir] (Record companies argue that District Court erred when it interpreted a Local Rule as giving it discretion to permit a webcast of court proceedings in a P2P case)
·  Sony BMG Music Entertainment, In re (Supplemental Brief of Respondent Joel Tenenbaum), 2009 ILRWeb (P&F) 1402 [1st Cir] (1996 Resolution of First Circuit Judicial Council does not constrain District Judge's power to permit webcast of motions hearing)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

EarthLink's Future: Strategic Options in a Troubled Economy – New!
Suffering from financial losses stemming from a stalled WiFi strategy, a failed stake in a mobile virtual network operator, and an inability to expand its broadband subscriber base, EarthLink is left with few viable options for growth. In order to maintain any amount of business sustainability, the company has been forced to trim costs and focus on retaining its remaining customer base. In this analysis, we examine EarthLink's recent operational performance and its future strategic options, with an emphasis on its potential in the commercial services arena. Four charts and tables are included.  Learn More  Order Now

DOCSIS 3.0 Deployment Forecast – New!
As cable operators prepare their networks for both rapidly increasing bandwidth demands and competition from telephone company fiber builds, they are upgrading to the DOCSIS 3.0 standard, which adds a number of features to the industry's existing high-speed-data capabilities. This report examines the current state of this DOCSIS 3.0 upgrade and provides a forecast of the pace at which cable operators in the United States will deploy DOCSIS 3.0 services. We conclude that the top cable operators will have DOCSIS 3.0 covering 100% of homes passed by the end of 2013, and that MSOs can significantly shorten the time to achieve a return on their DOCSIS 3.0 investments by aggressively targeting business customers. Five tables and charts are included.  Learn More  Order Now

Events & Conferences 
 

Broadband Policy Summit V
Rick Boucher, Michael Copps to deliver keynotes
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
Rep. Rick Boucher (D-VA) will give the opening keynote address and Michael Copps, the Acting Chair of the Federal Communications Commission, will give the luncheon keynote. Washington's preeminent broadband communications policy forum promises more than ever to be the place to learn how to position your company and clients to thrive in this new broadband environment. Boucher and Copps will be joined by speakers representing the industry's top companies, like Verizon, AT&T, Time Warner, Google, and Amazon; leading public policy advocates, including Public Knowledge, Consumers Union, the Leadership Conference on Civil Rights, and MAP; and renowned investment specialists, including Precursor, Regulatory Source Associates, and J.P Morgan.  Learn More  Register Now  Early Bird Discount Expires May 18, 2009


The Pole Attachment Survival Guide: Navigating the New Joint-Use Environment - March 25, 2009 @ 2 pm EST – 1 Week Left!
In such uncertain times and terrain, you need expert insight into the challenges and opportunities that may lie ahead. Pike & Fischer's Pole Attachment Survival Guide: Navigating the New Joint-Use Environment Webinar can help you make prudent decisions and enable you and your clients to thrive in the new competitive attachment environment. In just 90-minutes this invaluable Webinar will address the crucial issues confronting telecom pole attachers, and much more. Speakers include Christopher S. Huther, Partner, Sheppard Mullin Richter & Hampton LLP, Dr. Timothy J. Tardiff, Managing Director, Huron Consulting Group, and Megan H. Troy, Partner, Sheppard Mullin Richter & Hampton LLP.  Learn More  Order Now

View all Events & Conferences

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