Latest News 
 
INTELLECTUAL PROPERTY
 
New Domain Launch Facing Still More Delays as ICANN Promises Continued Work

The introduction of new top-level domains remains a top priority for the Internet Corporation for Assigned Names and Numbers, but continued disputes and unresolved questions mean that launch is not imminent, and another draft applicant guidebook will in all likelihood be necessary before applications can be filed, the ICANN board said Oct. 29 following ICANN's Seoul meeting.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Default by Alleged Infringer Permitted Court to Impose $3.5 Million 'Lost Profits' Award
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
CAN-SPAM Act Survives Vagueness Challenge; Online Obscenity Judged by National Standard

The CAN-SPAM Act's definition of "materially falsified" e-mail header and registration information is not unconstitutionally vague, the U.S. Court of Appeals for the Ninth Circuit held Oct. 28, rejecting both facial and as-applied challenges raised by two individuals convicted under the statute.  United States v. Kilbride, 2009 ILRWeb (P&F) 2877.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Domain Registrar, Proxy Service Not Liable to Third Parties for Breach of ICANN Rules
·  CFAA 'Protected Computer' Use in Commerce Definition Refers to Device, Not Access Route
·  No Standing for Speculative Discrimination Based on University's Pilot e-Reader Program
·  Signed E-Mail Stating 'Yes I Agree' to Fee Splitting Terms Formed Binding Agreement
·  Irreparable Harm from Ordered Domain Transfer Requires More Than Bald Assertions
·  Supreme Court Declines to Review Time-Barred Claims by Internet Pharmacies
·  Help-Wanted Ads Posted on Internet Decline for Second Month, Board Says
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Tennessee Court: Standard for Unmasking Anonymous Bloggers Centers on Facts Pled

In order to compel the identity of an anonymous blogger accused of defamation, a plaintiff must do more than make mere factual allegations—he must make a substantial factual showing that his claims have merit, including specifics of the challenged posts and their contents, the Tennessee Circuit Court held Oct. 8.  Swartz v. Doe, 2009 ILRWeb (P&F) 2873.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Should Adopt Consumer Policies to Facilitate Telecom Purchases, FTC Says

After receiving over 37,000 consumer complaints about communications services during the past year, the Federal Trade Commission on Oct. 28 urged the Federal Communications Commission to adopt "policies to protect and empower consumers as they buy and use communications services, including telephone, cable, and Internet access services."  Subscribers read more ...

Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Lieberman Proposes Senate-Confirmed Cybersecurity Coordinator at White House

Senate Homeland Security and Governmental Affairs Chairman Joseph Lieberman (I-Conn.) Oct. 30 called for the creation of a Senate-confirmed cybersecurity coordinator at the White House.  In a speech before the U.S. Chamber of Commerce, Lieberman said that he hopes to include that proposal and several others in a comprehensive cybersecurity package that he is drafting.  Subscribers read more ...

Other Privacy & Security news: 
 
·  L.A. City Council OKs Moving E-Mail, Government Net Services to Google Cloud
·  Judge Bars FTC from Applying 'Red Flag' Regulations to Law Firms
·  Senate Judiciary Committee Prepares to Begin Work on Data Security Legislation
·  UK Parliament Group Rejects Behavioral Ad Self-Regulation, Calls for Opt-In Consent Rule
·  FTC Moves 'Red Flag' Deadline to June Following Request from House Lawmakers
·  EU Council Adopts Legislative Changes to Introduce Data Breach Notice in Europe
·  European Commission Continues Proceedings Against UK Over Interception Laws
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Web Banner Ads Not Subject to N.Y. Sales Tax

Fees charged for both Internet banner advertisements that direct buyers to customer websites and property rental databases are nontaxable advertising services, the New York Department of Taxation and Finance said in a Sept. 24 advisory opinion.  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-09(44)S, 2009 ILRWeb (P&F) 2755.  Subscribers read more ...

Other Taxation news: 
 
·  Iowa Is Found Out of Compliance with SSUTA, Committee Determines
·  Texas Jury Finds Online Travel Firms Owe Cities $20 Million in Hotel Taxes
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Arizona Public Records Statute Requires Disclosure of Metadata with Digital Records

As part of an electronic document, metadata associated with public records must be disclosed along with the visible content, the Arizona Supreme Court, sitting en banc, held Oct. 29.  Lake v. City of Phoenix, 2009 ILRWeb (P&F) 2891.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Maryland Precedent Governs Resident's Federal Question Forum Selection Dispute
·  Idaho Jurisdiction Proper Over Sender of E-Mails Designed to Harm State Resident
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Japanese Police Ask ISPs to Retain Communication Logs for Three Months

The Metropolitan Police Agency (MPA) Oct. 16 asked Internet service providers and telecom carriers to retain communication logs for approximately three months, according to an MPA spokesman.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  American Bar Association v. Federal Trade Commission, 2009 ILRWeb (P&F) 2889 [D DC] (Judge bars FTC from applying 'red flag' regulations to law firms)
·  Application of the United States of America for a Search Warrant for Contents of Electronic Mail, et al., In re, 2009 ILRWeb (P&F) 2145 [D Ore] (Notice of warrant served on ISP need not be given to e-mail account holder)
·  Balsam v. Tucows, Inc., 2009 ILRWeb (P&F) 2861 [ND Cal] (Domain registrar, proxy service not liable to third parties for breach of ICANN rules)
·  Brodsky v. Match.com LLC, 2009 ILRWeb (P&F) 2901 [SD NY] (Forum selection clause in clickwrap user agreement is valid and enforceable)
·  C. C., In re (People of California v. C. C.), 2009 ILRWeb (P&F) 2881 [Cal Ct App] (Text message was neither threatening nor obscene)
·  Carimate v. Ginsglobal Index Funds, 2009 ILRWeb (P&F) 2753 [CD Cal] (E-mail in which the sender said he agreed to a fee-splitting proposal expressed both final terms and an intention to be bound, and so complied with Delaware's statute of frauds)
·  Dedalus Foundation v. Banach, 2009 ILRWeb (P&F) 2897 [SD NY] (Allegations that ex-employee removed and destroyed data from work-issued computers sufficiently state a CFAA claim)
·  Facebook, Inc. v. Wallace, 2009 ILRWeb (P&F) 2893 [ND Cal] (Facebook secures $1.2 million damage award for violations of CAN-SPAM Act and California's anti-spam statute)
·  Guest-Tek Interactive Entertainment, Inc. v. Pullen, 2009 ILRWeb (P&F) 2895 [D Mass] (By alleging that former employee surreptitiously transposed thousands of company computer files onto a personal USB device in order to set up competing business, company successfully alleged that employee's use of proprietary information was "without authorization" or in excess of his "authorized access" for purposes of CFAA claim)
·  Henry v. Gateway, Inc., 2009 ILRWeb (P&F) 2549 [Md Ct Spec App] (Forum selection clause in a computer shrink-wrap arbitration agreement cannot preclude a Maryland court from determining for itself whether federal claims supersede the Federal Arbitration Act)
·  Lake v. City of Phoenix, 2009 ILRWeb (P&F) 2891 [Ariz] (Metadata in electronic versions of public records are subject to disclosure under Arizona law)
·  National Federation of the Blind v. Arizona Board of Regents, 2009 ILRWeb (P&F) 2875 [D Ariz] (Simply disagreeing with a university policy allowing the testing of e-reader devices in limited honors courses is not enough to afford a blind student standing to sue for inaccessibility when he has suffered no discrimination)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-09(44)S, 2009 ILRWeb (P&F) 2755 [NY Dep't Tax Fin] (Web banner ads not subject to N.Y. sales tax)
·  Northwest Voyagers, LLC v. Libera, 2009 ILRWeb (P&F) 2885 [D Idaho] (E-mail and web dissemination of allegedly defamatory comments directed to individuals outside Idaho still supports purposeful availment if they were intended to cause harm to a known Idaho entity)
·  Paige, In re (Jubber v. Search Market Direct, Inc.), 2009 ILRWeb (P&F) 2883 [D Utah] (That a domain name is a "special and unique asset" is not, in and of itself, convincing evidence that compelling a transfer would irreparably harm the transferor)
·  Strippit, Inc. v. Coffee, 2009 ILRWeb (P&F) 2903 [WD NY] (Default by alleged infringer permitted court to impose $3.5 million 'lost profits' award)
·  Swartz v. Doe, 2009 ILRWeb (P&F) 2873 [Tenn Cir Ct] (To compel the identity of anonymous blogger accused of defamation, plaintiff must make a substantial factual showing that his claims have merit, including specifics of the challenged posts and their contents)
·  United States v. Caldwell, 2009 ILRWeb (P&F) 2879 [5th Cir] (No error in showing jury a brief excerpt of a video found downloading on defendant's computer while law enforcement officials were conducting their search)
·  United States v. Cioffi, 2009 ILRWeb (P&F) 2887 [ED NY] (Warrant authorizing seizure of personal e-mail account was unconstitutionally broad)
·  United States v. Kilbride, 2009 ILRWeb (P&F) 2877 [9th Cir] (CAN-SPAM Act's definition of "materially falsified" e-mail header and registration information is not unconstitutionally vague; also, a "national community standard" should be applied when evaluating whether speech transmitted online or through e-mail is obscene)
·  Wilgus v. F/V Sirius, Inc., 2009 ILRWeb (P&F) 2899 [D Me] (Juror access to extraneous information on the Internet does not support a new trial where the information did not reach any member of the jury during the trial or deliberations)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Comcast Corp. v. Federal Communications Commission (Brief for Respondents), 2009 ILRWeb (P&F) 2636 [DC Cir] (FCC argues that it may enforce its Internet policy against Comcast)
·  Comcast Corp. v. Federal Communications Commission (Reply Brief for Petitioner Comcast), 2009 ILRWeb (P&F) 2816 [DC Cir] (Comcast challenges FCC Order as unlawfully enforcing a mere policy statement, not a provision of federal law)
·  T.V. v. Smith-Green Community School Corp. (Class Action Complaint), 2009 ILRWeb (P&F) 2818 [ND Ind] (High school students claim that school district violated their First Amendment rights by disciplining them for posting suggestive photos on MySpace)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Telemedicine and the Economic Stimulus: Broadband Opportunities in a Swelling Market – New!
In this report, Pike & Fischer provides descriptions of the latest telemedicine solutions offered in the professional and consumer markets by the top U.S. wireless carriers, MVNOs, cable operators, and application developers, along with 5-year annual revenue forecasts on telemedicine-related spending.  Learn more about this research

Cable Advanced Advertising Market Update and Forecast, 2nd Edition – New!
In this report, we update our analysis of the market, examine recent activity, and provide our adjusted forecast for U.S. cable operator advertising revenue through 2014.  Learn more about this research

Handset Exclusivity Limitations: What's the Potential Impact for Carriers and Manufacturers?
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
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

Events & Conferences 
 

Broadband Policy Summit VI
Advance Early Bird Discount – Save $200 – Expires January 1, 2010
The Fairfax Hotel at Embassy Row, Washington, D.C., June 10-11, 2010
Join us at BPS VI--the 2010 edition of the preeminent annual forum for the broadband telecommunications industry--to air and dissect the critical and complex issues facing broadband businesses and policymakers in the wake of the new National Broadband Plan. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. Register before January 1 at Early Bird Rates and save $200.  Learn More  Join us on LinkedIn


What's Next for Online Behavioral Advertising – Regulation, Legislation, or Continued Self-governance? – Order a Recording
Pike & Fischer has gathered the key players in the behavioral advertising debate for a timely, interactive webinar moderated by Lydia Parnes, former director of the FTC's Bureau of Consumer Protection and current partner in the Washington, D.C. office of Wilson Sonsini Goodrich & Rosati. Join Ms. Parnes and her panelists from the FTC, Capitol Hill, and the Interactive Advertising Bureau as they take an in-depth look at the policy, technical, and legal issues at the forefront of the debate.  Learn More  Order Now

Introducing The Pipe
Pike & Fischer's Broadband Advisory Services team has launched a new blog, The Pipe, devoted to providing you with observations, insights and findings about everything broadband.  We welcome your comments and perspectives.

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