Latest News 
 
INTELLECTUAL PROPERTY
 
Media Industry Groups Suggest Icon-Type DRM Notification System for Digital Media

An icon-type notification system, similar to the ESRB voluntary rating system on video games, may be the most effective mechanism to inform consumers about digital rights management restrictions on their use of digital products, several industry representatives asserted March 25.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Consumers Must Understand DRM, Owners Say, but Disclosure Need Not Be Exhaustive
·  Removal of Non-Automated Copyright Notices Held Unlikely to Yield Successful DMCA Claim
·  Speaker at Howard Law School IP Conference Proposes That Copyrights Might Be 'Dead'
·  Boucher Advises Broadcasters to Negotiate Performance Royalty
·  Trademark Display in Sponsored Ad Ruled Actionable
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Advertising Exec Encourages Online Ad Buyers to Be Proactive Against Click Fraud

Major search engines such as Google and Yahoo! have been the subject of click fraud litigation in recent years, and at least four cases seeking damages from search engines and ad publishers for click fraud are pending in federal courts.  But litigation is not going to solve the click fraud problem.  A better solution, at least according to one advertising executive, is for advertisers to minimize the adverse impacts of click fraud: Diversify ads across networks, diligently monitor clicks on their ads, and communicate with search engine operators when fraud is suspected.  Subscribers read more ...

Other Internet Commerce news: 
 
·  EU Says U.S. Online Gambling Curbs on Foreign Firms Violate WTO Rules
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Supreme Court Declines to Review Holding Virginia Spam Law Burdens Protected Speech

The U.S. Supreme Court declined March 30 to review the Virginia Supreme Court's determination that the state's anti-spam law was overbroad because it could have potentially restricted First Amendment-protected speech.  Commonwealth of Virginia v. Jaynes (Denial of Certiorari), No. 08-765.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Pending 'Libel Tourism' Legislation Holds Promise, but Raises Questions, Lawyers Say
·  Bills to Restrict Commercial Use of Crime Photos May Allow Media Access
·  CDA Does Not Immunize Computer Service from Liability for State Law IP Claims
·  No En Banc Review of Holding True E-Mail Motivated by 'Ill Will' May Yield Libel Claim
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
EU Nears Deal to Overhaul Regime Regulating Electronic Communications

European Union member states and the European Parliament reached a "gentleman's agreement" on a large proportion of a legislative initiative to overhaul the EU electronic communications regulatory regime in order to ensure more competition in the rollout of new high-speed Internet networks.  Key issues relating to data privacy, illegal downloading, and network neutrality remain unresolved.  Subscribers read more ...

Other Telecommunications news: 
 
·  Senate Receives Nomination for Genachowski as FCC Chairman
·  Boucher Building Consensus, Support for Overhaul of Universal Service Fund
·  Companies Urge EU Telecom Law Changes to Preserve Net Neutrality
·  Obama Announces Nomination of Strickling for NTIA Administrator
·  House Committee Leaders Ask FCC to Consider Spectrum in Broadband Plan
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EC Warns Online Companies to Improve Ad Privacy Practices or Regulators Will Act

Lax laws on data collection and behavioral marketing are turning the Web into a "wild west" that must be better controlled, the European Union's Consumer Affairs Commissioner Meglena Kuneva warned at a roundtable event March 31.  Kuneva asked industry giants such as Google, Inc. and Microsoft Corp. to develop principles of acceptable behavior in the area of online tracking and targeting, cautioning that European regulators will take action if industry does not.  Subscribers read more ...

Other Privacy & Security news: 
 
·  White House Expected to Have Key Role in Administration Cybersecurity Strategy
·  Privacy Groups Urge Court to Uphold Ruling That U.S. Needs Warrant for Cell Location Data
·  CNIL Report Warns Online Targeted Ads Could Lead to 'Merchandising' of User Data
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
State, Industry Officials Seeking Extension of Mobile Telecom Tax Sourcing Law to VoIP

If legislation extending mobile telecommunications tax sourcing rules to Voice over Internet Protocol (VoIP) services is not passed, multiple taxation could occur as state and local jurisdictions try to determine which should tax calls sourced to multiple jurisdictions, a telecommunications industry insider testified March 31 at a House hearing.  Subscribers read more ...

Other Taxation news: 
 
·  North Dakota Governor Signs Bill Keeping State in Line with Streamlined Agreement
·  Eshoo Proposes Permanent Internet Tax Moratorium
·  SSUTA Advocacy Panel Maps Strategy in Bid to Garner Passage of Federal Bill
·  Retail Federation Optimistic on Passage of Streamlined Sales Tax Mandate in 2009
·  Virginia Restores Long-Standing Treatment of Noncorporate Telecommunications Entities
·  South Dakota Enacts Definitions, Taxes Privilege of the Use of Telecom Services
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Removal to Federal Court Likely Improper for Active WIPO Domain Name Arbitration

Once arbitration has started in a domain name dispute before the World Intellectual Property Organization, removal to federal court is likely improper, the U.S. District Court for the Northern District of California said March 3.  Newell Operating Co. v. Shalaby, 2009 ILRWeb (P&F) 1463.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
House Panel Asks If Industry Self-Regulation Is Effective Against Credit Card Cybercrime

The payment card industry's self-regulatory data security standards are "of questionable strength and effectiveness" in preventing credit and debit card data breaches, meaning a federal law may be required, the chairwoman of a House Homeland Security subcommittee said March 31.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Judge Rules Italy Has Jurisdiction in Criminal Case Against Google Officials
 
Subscribers may search ILR's Criminal Liability database 

2009 Communications Industry Survey

Pike & Fischer's 2nd annual communications industry survey is now underway and we need your help. This 25-question survey gauges 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. The results will be published in June 2009 and presented at Pike & Fischer's Broadband Policy Summit V.  Survey respondents will receive a complimentary synopsis of the results and a $100 discount off the full study.  Summit attendees will receive a free copy of the full report at the June Summit.  Start Survey Now  Register for Broadband Policy Summit

Latest Cases 
 
·  Atlantic Recording Corp. v. Project Playlist, Inc., 2009 ILRWeb (P&F) 1467 [SD NY] (Interactive computer service provider that links to third-party content is not immune under CDA from state law intellectual property claims)
·  Cherny v. Emigrant Bank, 2009 ILRWeb (P&F) 1477 [SD NY] (Release of personal e-mail address does not constitute injury sufficient to state a claim)
·  Ferron v. SubscriberBase Holdings, Inc., 2009 ILRWeb (P&F) 1485 [SD Ohio] (CAN-SPAM preempts claim brought under Ohio's Electronic Mail Advertisements Act, but not a claim under the Ohio Consumer Sales Practices Act)
·  Hearts on Fire Co. v. Blue Nile, Inc., 2009 ILRWeb (P&F) 1489 [D Mass] (Adoption of trademark as a search engine keyword constitutes a "use" within the meaning of the Lanham Act)
·  Hypertouch, Inc. v. Azoogle.com, Inc., 2009 ILRWeb (P&F) 1475 [ND Cal] (Fraud-based claims relating to commercial e-mails are dismissed, with leave to amend so as to meet level of particularity required by Rule 9(b))
·  Lukowski v. County of Seneca, 2009 ILRWeb (P&F) 1329 [WD NY] (Abuse of process, Fourth Amendment, ECPA claims against county officials who subpoenaed Internet records withstand motion to dismiss)
·  Mittman, d/b/a Frontrunners v. Hight, 2009 ILRWeb (P&F) 1465 [WIPO] (No showing of bad faith absent evidence that respondent actually knew, reasonably should have known, or could even be deemed to have constructive notice of complainant's rights at the time respondent acquired the disputed domain name)
·  Newell Operating Co. v. Shalaby, 2009 ILRWeb (P&F) 1463 [ND Cal] (Removal to federal court likely improper for active WIPO domain name arbitration)
·  Noonan v. Staples, Inc., 2009 ILRWeb (P&F) 1331 [1st Cir] (Company could face defamation liability for publishing a mass e-mail containing true statements about a former employee if it acted with "ill will")
·  Noonan v. Staples, Inc. (Order Denying Rehearing En Banc), 2009 ILRWeb (P&F) 1487 [1st Cir] (Court rejected defendant's request for en banc rehearing in defamation judgment)
·  Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2009 ILRWeb (P&F) 1481 [SD NY] (Issues of material fact preclude summary judgment in dispute alleging trademark infringement via sponsored-link advertisements)
·  Rousso v. State of Washington, 2009 ILRWeb (P&F) 1469 [Wash Ct App] (By amending Washington State Gambling Act to prohibit Internet gambling, state legislature did not impermissibly interfere with Congress's authority to regulate interstate and international commerce)
·  Silver v. Lavandeira, 2009 ILRWeb (P&F) 1327 [SD NY] (Allegations that Internet gossip website host re-packaged blogger's news reports that once contained the blogger's name could not support claims against the host under the DMCA)
·  Toysrus.com, L.L.C. v. Amazon.com Kids, Inc., 2009 ILRWeb (P&F) 1479 [NJ App Div] (Trial court properly determined that termination was the appropriate remedy for breach of an agreement between Toys R Us and Amazon)
·  United States v. Christie, 2009 ILRWeb (P&F) 1483 [D NJ] (No merit to defendant's argument that the government unlawfully obtained private information in violation of the Fourth Amendment and 18 USC §2518)
·  Virgin Records America, Inc. v. Doe, 2009 ILRWeb (P&F) 1473 [ED NC] (First Amendment does not support quashing subpoena in P2P infringement case)
·  Williams v. Advertising Sex LLC, 2009 ILRWeb (P&F) 1471 [ND W Va] (No exercise of personal jurisdiction based on Internet activity)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Application of U.S. for Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, In re (Brief of Amici Curiae Electronic Frontier Foundation, et al. in Support of Affirmance of the District Court), 2009 ILRWeb (P&F) 1426 [3d Cir] (Privacy groups urge court to uphold ruling that U.S. needs warrant for cell location data)
·  Bradburn v. North Central Regional Library District (Defendant's Opening Brief), 2009 ILRWeb (P&F) 1030 [Wash] (Library's policy of refusing to disable Internet filter at the request of an adult patron does not violate state constitution)
·  Facebook, Inc. v. Power Ventures, Inc. (Memorandum in Support of Motion to Dismiss), 2009 ILRWeb (P&F) 1428 [ND Cal] (Aggregator seeks to dismiss CFAA, DMCA, CAN-SPAM, other claims brought by Facebook)
·  Maxon v. Ottawa Publishing Co. (Brief of Amici Curiae Citizen Media Law Project, et al.), 2009 ILRWeb (P&F) 1420 [Ill App Ct] (Amici ask Illinois court to protect rights of anonymous speakers online by imposing procedural safeguards before requiring that their identities be disclosed)
·  Maxon v. Ottawa Publishing Co. (Brief of Defendant-Appellant), 2009 ILRWeb (P&F) 1236 [Ill App Ct] (A party seeking to identify an individual who posted anonymous comments online must make a prima facie showing of libel to overcome the individual's right to speak anonymously)
·  Maxon v. Ottawa Publishing Co. (Brief of Respondent-Appellee), 2009 ILRWeb (P&F) 1422 [Ill App Ct] (Trial court was correct in applying a modified summary-judgment standard in pre-suit discovery actions seeking the unmasking of anonymous Internet commenters)
·  Miller v. Skumanick (Verified Complaint), 2009 ILRWeb (P&F) 1418 [MD Pa] (ACLU sues district attorney for threatening three high school girls with child pornography charges over semi-nude digital photos they took of themselves)
·  Privacy International Complaint re: Google Street View, 2009 ILRWeb (P&F) 1424 [UK Info Comm'r] (Privacy International files complaint with UK Information Commissioner regarding Google's Street View technology)
·  Simorangkir v. Love (Complaint), 2009 ILRWeb (P&F) 1430 [Cal Super Ct] (Defamation action based on Twitter postings)
 
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 
 

Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business – An Interactive Webinar
Wednesday, May 6, 2009 | 2:00 – 3:30 p.m. EDT
There's been a lot of buzz about cloud computing.  Much of it touts cloud computing as a way for companies to save money in lean times.  But what are the risks associated with its adoption?  What's the best way to vet cloud providers?  How do you train employees to use cloud services wisely?  Is the current state of the law as unclear as many commentators contend?  Join Pike & Fischer for an interactive webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati as they examine the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Register Now 


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

View all Events & Conferences

Internet Law Attorney Directory

Find a lawyer ... Add a listing
Many of your colleagues have already added their names to Pike & Fischer's Internet Law Attorney Directory!  Isn't it time to add yours?  ILR subscribers are entitled to one complimentary premium listing per account. Additional listings and listings by non-subscribers can be purchased for $59.99 (or $79.99 for a premium boldfaced listing).  Use this form to submit your complimentary or paid listing today!

Subscription Information

In order to receive your own copy of Internet Law & Regulation's Weekly Alert, please fill out the Weekly Alert sign-up form. Also, invite colleagues to request a trial to ILR. For additional information, contact customercare@pf.com. 

To unsubscribe, do not reply to this message. Instead, please use the unsubscribe feature at the bottom of this email.