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

Latest News 
 
INTELLECTUAL PROPERTY
 
WIPO Outlines Method to Rescind Abusive Domain Names Under New gTLDs

The World Intellectual Property Organization has elaborated on its proposal for setting up a mechanism to revoke trademark-infringing domain name registrations under new generic top-level domains (gTLDs).  In a letter dated April 3 and forwarded to the Internet Corporation for Assigned Names and Numbers (ICANN), WIPO Arbitration and Mediation Center Director Erik Wilbers proposed the establishment of an Expedited Suspension Mechanism (ESM) to deal rapidly with cases of alleged domain name abuses.  Subscribers read more ...

Other Intellectual Property news: 
 
·  New Swedish Law Will Force ISPs to Reveal IP Addresses of File-Sharers
·  French Parliament Rejects Three-Strikes Anti-Piracy Bill, Privacy Issues Are Raised
·  Bingo Game Vendor Entitled to Damages Even Though Committed Illegal Activity
·  High Court Invites Brief in Freelance Copyright Case
·  GoDaddy Sued for Parked Domain Cybersquatting
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Password-Sharing Could Be Prohibited CFAA 'Trafficking' but Is Not Unauthorized Access

A company that allegedly shared its passwords to a legislative database with a competing database provider cannot be held liable for unauthorized database access, but must defend against claims it "trafficked" in the passwords, the U.S. District Court for the Eastern District of Virginia held March 31.  State Analysis, Inc. v. American Financial Services Association, 2009 ILRWeb (P&F) 1525.  Subscribers read more ...

Other Internet Commerce news: 
 
·  U.S., EU Enforcers Examine Effects of §2, Article 82 on High-Tech Sector
·  CAN-SPAM Preempts Ohio E-Mail Advertising Law, but Not Consumer Sales Practices Act
·  Nominal Damages Must Be Requested in Trespass Action in Order to Be Awarded
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
South Korea Cuts Threshold for Requiring Some Websites to Verify Identity of Posters

The threshold for when certain private sector South Korean websites must verify the identity of individuals who post comments was lowered effective April 1 to cover sites with daily visitor counts of at least 100,000, the Korea Communications Commission (KCC) announced April 10.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Takes First Step in Crafting Broadband Plan

The Federal Communications Commission April 8 took the first step in a yearlong process to produce a national broadband plan, mandated under the American Recovery and Reinvestment Act (Pub. L. No. 111-05), by asking a lot of questions.  In re A National Broadband Plan for Our Future (Notice of Inquiry), 2009 ILRWeb (P&F) 1613.  Subscribers read more ...

Other Telecommunications news: 
 
·  Crackdown on Illegal Downloading Delays EU Communications Rules Revision
·  Open Media Group Asks FCC to Confirm Internet Policy Statement Applies to Wireless
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EC Takes Legal Action Against U.K. Privacy Laws on Search Software

The European Commission launched legal action April 14 against the United Kingdom for alleged failure to abide by EU data privacy laws when it comes to ensuring consumer privacy rights vis-à-vis Internet behavioral advertising technology known as Phorm.  Subscribers read more ...

Other Privacy & Security news: 
 
New Analysis & Perspective article: Unresolved Questions: When Are Actual Damages Required in Stored Communications Act Cases?, Daniel A. Kaplan, Eileen R. Ridley and Andrew B. Serwin, Foley & Lardner LLP
·  Obama Taps Beers to Take Over DHS Division with Cyber Oversight
·  Court Rules No Privacy Expectation in MySpace Diatribe Against Hometown
·  FCC Seeks Comment on Privacy Issues as Part of Effort to Craft Broadband Plan
·  Risk of Identity Theft Provides Standing, but Inadequate Damage to Yield Negligence Claim
·  Data Manager of Japanese Brokerage Steals Data on 1.5 Million, Sells to Marketers
·  KPMG: Consumers Wary of Mobile Banking Security
·  Pro-User Changes to E-Privacy Directive Will Impair Web Use, Advertiser Lobby Says
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Study on E-Commerce Sales Tax Shows Six-Year Revenue Loss of $52 Billion by 2012

Annual national state and local sales tax losses on e-commerce are expected to grow to $11.4 billion by 2012, for a six-year total loss of $52 billion, using conservative estimates, the Streamlined Sales Tax Governing Board, Inc. executive committee learned April 13.  Subscribers read more ...

Other Taxation news: 
 
·  Court Refuses to Dismiss Class Action Claim Seeking Hotel Taxes from Priceline.com
·  Dismissal of AOL Tax Refund Lawsuit Upheld by Washington Appeals Court
·  SSUTA Panel Recommends Wisconsin Membership Petition to SST Governing Board
·  Utah Law on Sales and Use Exemptions Includes Streamlined Sales Tax Amendments
·  Washington State Bills Outline Two Options for Revising Laws on Digital Goods Taxation
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
More Than State Name Reference, Named Resident Required for Jurisdiction Over Site

Mentioning West Virginia and referencing a resident on an Internet pornography site is not an intentional targeting of West Virginia residents, and will not subject the site operator to jurisdiction on the resident's harm alone absent some other evidence of purposeful availment, the U.S. District Court for the Northern District of West Virginia held March 17.  Williams v. Advertising Sex LLC, 2009 ILRWeb (P&F) 1471.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure 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 
 
·  American Buddha v. City of Ashland, 2009 ILRWeb (P&F) 1531 [9th Cir] (Given that city has adopted a formal copyright infringement policy that follows DMCA notice-and-takedown procedures, dispute regarding former practice is moot)
·  AOL, LLC v. Washington State Department of Revenue, 2009 ILRWeb (P&F) 1617 [Wash Ct App] (Dismissal of AOL's excise tax refund lawsuit against the state department of revenue upheld)
·  Beltronics USA, Inc. v. Midwest Inventory Distribution, LLC, 2009 ILRWeb (P&F) 1623 [10th Cir] (District court did not err in concluding that a warranty disclaimer posted by an eBay reseller did not sufficiently ameliorate the risk of consumer confusion)
·  Boring v. Google, Inc., 2009 ILRWeb (P&F) 1619 [WD Pa] (Court did not err in dismissing trespass claim in Google "street view" dispute)
·  Dream Games of Arizona, Inc. v. PC Onsite, 2009 ILRWeb (P&F) 1615 [9th Cir] (Illegal use or operation of a work by the copyright owner does not preclude an award of damages for copyright infringement)
·  Facebook, Inc. v. Wallace (Order Granting Preliminary Injunction), 2009 ILRWeb (P&F) 1527 [ND Cal] (Court preliminarily enjoins defendants from engaging in phishing and spamming activities)
·  Facebook, Inc. v. Wallace (Stipulated Order and Permanent Injunction), 2009 ILRWeb (P&F) 1529 [ND Cal] (Defendants enjoined from engaging in an unlawful spam campaign against Facebook users, unauthorized access to Facebook's network and Facebook user profiles, and from otherwise breaching Facebook's Terms of Use)
·  Ferron v. SubscriberBase Holdings, Inc., 2009 ILRWeb (P&F) 1485 [SD Ohio] (CAN-SPAM preempts Ohio e-mail advertising law, but not consumer sales practices act)
·  First Mariner Bank v. Yoner, 2009 ILRWeb (P&F) 1537 [NAF] (Respondent not using disputed domain name in connection with the generic terms)
·  Goodlettsville, City of v. Priceline.com, Inc., 2009 ILRWeb (P&F) 1521 [MD Tenn] (Court denies Priceline.com's motion to dismiss a class action lawsuit filed by a Tennessee city to collect unpaid hotel occupancy taxes)
·  Kiva Kitchen & Bath, Inc. v. Capital Distributing, Inc., 2009 ILRWeb (P&F) 1621 [5th Cir] (Plaintiff's post-trial election to recover statutory damages in ACPA dispute was proper)
·  Moreno v. Hanford Sentinel, Inc., 2009 ILRWeb (P&F) 1607 [Cal Ct App] (Republication of publicly accessible Internet commentary does not give rise to cause of action for invasion of privacy)
·  Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc., 2009 ILRWeb (P&F) 1535 [NH Super Ct] (Website ordered to disclose identity of anonymous source who made allegedly confidential info public)
·  National Broadband Plan for Our Future, In re (Notice of Inquiry), 2009 ILRWeb (P&F) 1613 [FCC] (FCC takes first step in a year-long process to produce a national broadband plan, mandated under the American Recovery and Reinvestment Act)
·  Ruiz v. Gap, Inc., 2009 ILRWeb (P&F) 1625 [ND Cal] (Risk of identity theft provides standing, but inadequate damage to yield negligence claim)
·  SimplexGrinnell LP v. Integrated Systems & Power, Inc., 2009 ILRWeb (P&F) 1523 [SD NY] (Use of dongle constituted misappropriation of trade secrets)
·  State Analysis, Inc. v. American Financial Services Association, 2009 ILRWeb (P&F) 1525 [ED Va] (Allegations of unauthorized use of password to access subscription-based website state claim for trespass to chattels, but not misappropriation of trade secrets)
·  Twelve Inches Around Corp. v. Cisco Systems, Inc., 2009 ILRWeb (P&F) 1533 [SD NY] (Misrepresentation of trademark infringement not actionable under DMCA)
·  Williams v. Advertising Sex LLC, 2009 ILRWeb (P&F) 1471 [ND W Va] (Websites' use of state name in beauty queen's title fails to establish targeting of forum audience)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Davis v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 1440 [Ill Cir Ct] (Where the author of an allegedly defamatory blogspot post has died, plaintiff seeks to enjoin Google, as host of the blogspot service, from continuing to post the comment)
·  uBID, Inc. v. GoDaddy Group, Inc. (Complaint), 2009 ILRWeb (P&F) 1442 [ND Ill] (GoDaddy sued for parked domain cybersquatting)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Web Video Usage: A Consumer Survey – New!
Pike & Fischer has found that consumers have no plans to cut back their spending on multichannel video services this year, although many are opting against buying premium packages or VOD movies. Households that reported watching Web-based video on a regular basis were in fact the most likely respondents to say they will keep their traditional multichannel video service. This report details our survey findings, including a variety of demographic information about Web video usage, and provides an outlook on how cable operators are responding to the rise of online video. Twenty-one tables and charts are included.  Learn More  Order Now

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

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

View all Events & Conferences

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