Here Be Dragons: Bringing Broadband to the Unserved - Next Week!

A P&F Broadband Policy Summit Webinar Event
Wednesday, September 9, 2009 | 2:00 – 3:30 p.m. EDT
When navigators of the Age of Exploration mapped unexplored and unknown lands, they signified the limits of their reach with the notation, "Here Be Dragons." Today's broadband maps share this "end of the world" feeling; despite virtually universal acceptance of the concept that broadband connectivity is essential to full participation and success in the modern world, broadband service remains a phantom for tribal lands, rural communities, and inner-city neighborhoods. Join experts from the tribal, rural, and inner-city sectors to explore the potential benefits--for citizens, the telecommunications industry, and the nation--of full inclusion through broadband deployment to unserved areas, and the likely consequences of further inaction.  Learn More  Register Now 

Latest News 
 
INTELLECTUAL PROPERTY
 
$33M Default Judgment Against Verizon Cybersquatter Upheld as Constitutional

A $33 million damage award against a prolific cybersquatter was within the range prescribed by the Anticybersquatting Consumer Protection Act, and did not offend due process, the U.S. District Court for the Northern District of California held Aug. 25.  Verizon California, Inc. v. OnlineNIC, Inc., 2009 ILRWeb (P&F) 2489.  Subscribers read more ...

Other Intellectual Property news: 
 
·  PTO Publishes Interim Examiner Guidelines on Statutory Subject Matter Under Bilski
·  SCO Can Continue Fight for UNIX Copyright as Tenth Circuit Reverses Summary Judgment
·  Urban Libraries Council Suggests Revisions to Google Book Search Settlement
·  Opposition Group to Google Book Settlement Includes Big Names, Authors, and Libraries
·  EU Commissioner Endorses Google Digital Book Settlement with U.S. Publishers
·  Evidence Lacking on Both Sides of Dispute About Similar Law Firm Domain Names
·  Music Publishers Claim Lyrics Services Are Infringing
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Online Terms Presented with Three Blue Hyperlinks Are Conspicuous, Conscionable

Blue underlined hyperlinks to additional contract terms appearing three times during an online ordering process were sufficiently conspicuous to become part of the sale contract, the U.S. District Court for the Central District of Illinois held Aug. 25, turning back an unconscionability argument.  PDC Laboratories, Inc. v. Hach Co., 2009 ILRWeb (P&F) 2481.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Louisiana's Lawyer Advertising Rules Mostly Survive Review, Except Rules on Internet Ads
·  Online Help-Wanted Ads Rose in August to Nearly 3.5 Million, Highest So Far in 2009
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Maine AG Says She Will Not Enforce New Law Aimed at Marketing to Minors

Less than two weeks before its Sept. 12 effective date, Maine Attorney General Janet T. Mills pledged Aug. 28 not to enforce a new state law that restricted marketing to minors but attracted nationwide attention because it swept too broadly, plaintiffs argued in a legal challenge filed in federal court.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Marketers Challenge Maine Data Collection Law on Constitutional, Preemption Grounds
·  Craigslist: Sheriff 'Grasping for Straws' Under CDA
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Launches Inquiry to Improve Analysis of Wireless Competition

The Federal Communications Commission Aug. 27 adopted a notice of inquiry designed to beef up the agency's analysis of competitive conditions in the wireless marketplace.  The NOI will assist the FCC with developing its next annual report on the subject, the agency said.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Releases Data-Filled Report on Program Blocking Technologies
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Canadian Privacy Office OKs Facebook Plan to Bring Social Site Into PIPEDA Compliance

Social networking site Facebook has detailed significant new privacy safeguards, primarily related to how user information is shared, that will help bring it into compliance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), Federal Privacy Commissioner Jennifer Stoddart announced Aug. 27.  Canadian Internet Policy and Public Interest Clinic v. Facebook, Inc. (Letter Outlining Privacy Commissioner's Resolution with Facebook), 2009 ILRWeb (P&F) 2487.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Japan Seeks to Limit Cell Services' Use of Internet, Location Data for Targeted Ads
·  Lawyers Urge Caution Amid Increasing Incidents of Workplace Electronic Monitoring
·  Privacy, Other Workgroups Give Input to HHS Panel on Health Records Standards
·  Facebook Alleged to Be Malicious Data Harvester
·  ABA Files Lawsuit Challenging FTC 'Red Flags' Identity Theft Rule
·  U.K.'s Competition Authority to Launch Study on Personal Data Use for Online Advertising
·  'Meaningful Use' Recommendations Called 'Counterproductive' by Hospital Association
·  Weak Server Protection, Poorly Trained Staff Present IT Cybersecurity Danger, DHS Warns
·  ACLU Sues DHS, Seeking Enforcement of FOIA Request for Laptop Search Data
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
California Supreme Court Agrees to Hear Anaheim's Online Hotel Occupancy Tax Case

The California Supreme Court Aug. 26 agreed to hear the city of Anaheim's argument that online travel companies (OTCs) like Expedia, Inc. and Priceline.com, Inc. must first pay back hotel occupancy taxes the city says they owe, before the companies may contest the tax assessments in court.  Subscribers read more ...

Subscribers may search ILR's Taxation database

CRIMINAL LIABILITY 
 
CFAA Provision That Arguably Criminalized Breaches of MySpace TOS Void for Vagueness

Prosecution and conviction of a person for intentionally accessing a computer without authorization or in excess of authorization, in violation of the Computer Fraud and Abuse Act, at 18 USC §1030(a)(2)(C), based only on that person's intentional violation of a website's terms of service, offends the constitution's void-for-vagueness doctrine, the U.S. District Court for the Central District of California held Aug. 28.  United States v. Drew (Order on Motion for Acquittal), 2009 ILRWeb (P&F) 2497.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Single MySpace Message Held Insufficient to Convict for Intimidation, Privacy Invasion
·  Violation of Card Service's Online Terms May Have Been Criminal Credit Card Fraud
·  DHS Releases Directives for Border Searches of Electronic Media
·  Bogus Regulators' CD Comes with a Possible Security Breach, NCUA Warns
·  Florida Man Enters Plea Agreement Resolving Charges in Hacking Cases
·  Ninth Circuit Sets Out Warrant Procedures to Ensure Limits on Searches of Computers
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Canadian Internet Policy and Public Interest Clinic v. Facebook, Inc. (Letter Outlining Privacy Commissioner's Resolution with Facebook), 2009 ILRWeb (P&F) 2487 [Can Priv Comm'r] (Canadian privacy office OKs Facebook plan to bring social site into PIPEDA compliance)
·  Citigroup, Inc. v. Shui, 2009 ILRWeb (P&F) 2501 [ED Va] (ACPA case requires some amount of skill and expertise in the area of trademark law, justifying $57K attorney's fee award)
·  Columbia Pictures Industries, Inc. v. Fung, 2009 ILRWeb (P&F) 2485 [CD Cal] (To recover under theories of inducement, contributory infringement, and vicarious infringement, record companies must first provide evidence of direct infringement by third parties)
·  eBay, Inc. v. Digital Point Solutions, Inc., 2009 ILRWeb (P&F) 2503 [ND Cal] (Motion to dismiss eBay "cookie stuffing" dispute for improper venue and for failure to state a claim upon which relief may be granted is denied)
·  H. Jay Spiegel & Associates, P.C. v. Spiegel, 2009 ILRWeb (P&F) 2499 [ED Va] (Neither plaintiff nor defendant in a trademark infringement action between two law firms using similar "spiegelaw.com" and "spiegellaw.com" domain names is entitled to summary judgment; evidence lacking on both sides)
·  Interactive Media Entertainment & Gaming Association, Inc. v. Attorney General, 2009 ILRWeb (P&F) 2601 [3d Cir] (Unlawful Internet Gambling Enforcement Act withstands a constitutional challenge)
·  Invisible Fence, Inc. v. Fido's Fences, Inc., 2009 ILRWeb (P&F) 2495 [ED Tenn] (Use of sponsored links on passive website does not constitute purposeful availment)
·  MacDermid v. Discover Financial Services, 2009 ILRWeb (P&F) 2479 [6th Cir] (Individual's violation of a credit card company's website terms of use gave the company probable cause to believe she could be prosecuted for criminal credit card fraud)
·  Marshall v. State of Indiana, 2009 ILRWeb (P&F) 2339 [Ind Ct App] (MySpace message insufficient basis for conviction for class D felony intimidation)
·  Mary Kay, Inc. v. Weber, 2009 ILRWeb (P&F) 2483 [ND Tex] (Evidence supported jury's finding that first sale, fair use doctrines did not protect eBay resellers)
·  PDC Laboratories, Inc. v. Hach Co., 2009 ILRWeb (P&F) 2481 [CD Ill] (Blue underlined hyperlinks to additional contract terms appearing three times during an online ordering process were sufficiently conspicuous to become part of the sale contract)
·  Public Citizen, Inc. v. Louisiana Attorney Disciplinary Board, 2009 ILRWeb (P&F) 2425 [ED La] (Louisiana's proposed rule regarding lawyer advertising on the Internet is unconstitutional)
·  SCO Group, Inc. v. Novell, Inc., 2009 ILRWeb (P&F) 2471 [10th Cir] (Court affirms judgment regarding royalties due Novell under 2003 Sun-SCO Agreement, but reverses entry of summary judgment on ownership of UNIX and UnixWare copyrights, and other claims)
·  SRI International, Inc. v. Internet Security Systems, Inc., 2009 ILRWeb (P&F) 2493 [D Del] (Patent dispute relating to the monitoring and surveillance of computer networks for intrusion detection)
·  Steinbach v. Village of Forest Park (Amended Opinion), 2009 ILRWeb (P&F) 2505 [ND Ill] (Plaintiff may proceed with intrusion upon seclusion, CFAA, and SCA claims based on alleged unauthorized access of her e-mail account)
·  Toytrackerz LLC v. Koehler, 2009 ILRWeb (P&F) 2491 [D Kan] (Plaintiffs fail to meet requirements for authentication of website printout; court denies application for preliminary injunction against online vendors)
·  United States v. Comprehensive Drug Testing, Inc., 2009 ILRWeb (P&F) 2477 [9th Cir] (Full court reverses a panel ruling that federal agents could broadly seize electronically stored files beyond those related to individuals that were the focus of a search warrant, and uses the opportunity to provide detailed procedures to govern the issuance and execution of search warrants for computers that contain files outside the scope of a warrant)
·  United States v. Drew (Order on Motion for Acquittal), 2009 ILRWeb (P&F) 2497 [CD Cal] (CFAA provision that arguably criminalized breaches of MySpace TOS is void for vagueness)
·  United States v. Hart, 2009 ILRWeb (P&F) 2507 [WD Ky] (Evidence found on workplace computer and evidence associated with two Yahoo accounts should not be suppressed)
·  Verizon California, Inc. v. OnlineNIC, Inc., 2009 ILRWeb (P&F) 2367 [ND Cal] (Relief from $33.15 million default judgment against cybersquatter denied, but plaintiff must prove damages in the context of an adversarial proceeding)
·  Verizon California, Inc. v. OnlineNIC, Inc., 2009 ILRWeb (P&F) 2489 [ND Cal] (Court upholds $33.15 million default award in ACPA case, given the egregiousness of defendant's cybersquatting)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  American Bar Association v. Federal Trade Commission (Complaint), 2009 ILRWeb (P&F) 2442 [D DC] (ABA files lawsuit challenging FTC "red flags" identity theft rule)
·  American Civil Liberties Union v. Department of Homeland Security (Complaint), 2009 ILRWeb (P&F) 2440 [SD NY] (ACLU demands the DHS respond to the organization's June FOIA request seeking policies, procedures, and regulations employed by the agency in carrying out border searches)
·  Dart v. Craigslist, Inc. (Craigslist's Reply in Further Support of Its Motion for Judgment on the Pleadings), 2009 ILRWeb (P&F) 2438 [ND Ill] (Advertisements for illegal prostitution posted on craigslist are clearly created by third parties, so complaint against the service fails under the CDA)
·  Maine Independent Colleges Association v. Baldacci (Verified Complaint), 2009 ILRWeb (P&F) 2448 [D Me] (Plaintiffs challenge Maine child data law on grounds that it violates the First Amendment and the Dormant Commerce Clause, and that it is preempted by COPPA)
·  Melkonian v. Facebook, Inc. (Complaint), 2009 ILRWeb (P&F) 2408 [Cal Super Ct] (Facebook members assert various violations of California law arising from Facebook's alleged commercial misappropriation of personal information)
·  Peermusic, III, Ltd. v. LiveUniverse, Inc. (Complaint), 2009 ILRWeb (P&F) 2450 [CD Cal] (Music publishers sue operators of unlicensed song lyrics website for copyright infringement)
·  Peermusic, III, Ltd. v. Motive Force LLC (Complaint), 2009 ILRWeb (P&F) 2444 [WD Pa] (Music publishers sue operators of unlicensed song lyrics website for copyright infringement)
·  Reed Elsevier, Inc. v. Muchnick (Brief of Court-Appointed Amicus Curiae in Support of the Judgment Below), 2009 ILRWeb (P&F) 2452 [US] (Amicus Curiae argues that 17 USC §411(a) restricts the subject matter jurisdiction of the federal courts over copyright infringement action)
·  Yahoo!, Inc. v. Expedia, Inc. (Motion to Compel Compliance with Subpoena and Brief in Support), 2009 ILRWeb (P&F) 2446 [WD Wash] (Yahoo moves to compel non-party Expedia to produce information and documents allegedly relevant to American Airlines's keyword advertising lawsuit against Yahoo)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Handset Exclusivity Limitations: What's the Potential Impact for Carriers and Manufacturers? – New!
This report provides in-depth analysis of the handset exclusivity debate and our predictions and recommendations on carrier-manufacturer partnerships.  Learn more about this research

Residential VoIP Pricing Update – New!
This recurring report details the pricing and marketing strategies of residential VoIP services. Companies covered include Comcast, Time Warner Cable, Verizon, AT&T, Vonage, and Lingo.  Learn more about this research

Bandwidth Optimization and Expansion Market and Technology Assessment – New!
Contributing analyst Patti Reali provides a forward-looking overview of the key issues related to the most high-profile of the bandwidth expansion and optimization technologies in use or under evaluation by U.S. cable MSOs.  Learn more about this research

Cable Commercial Services Strategies: Analysis and Revenue Forecast, 2nd Edition – New!
Includes updated cable commercial services revenue forecasts and an overview of the commercial services strategies of the leading operators. Chief Analyst Tim McElgunn also analyzes the cable operators' existing and emerging capabilities and details the critical success factors in targeting the SMB opportunity.  Learn more about this research

Events & Conferences 


Trademark-Based Keyword Advertising: Potential Liability and Avenues for Relief – Order a Recording
Order a recording of our interactive Webinar featuring legal experts from Google, Santa Clara Law School, Marriott International, and Wilson Sonsini Goodrich & Rosati, who clarified common misconceptions about keyword advertising, examined the implications of third-party trademark use, and offered guidance for brand owners, marketers, resellers, and website operators.  Learn More  Order Now

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Participate in Summit conversations all year long and stay tuned about BPS VI by joining our new Group on LinkedIn.  Join now.

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