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Using IP Dispute Procedures to Combat Net Fraud
Internet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
According to the Internet Fraud Complaint Center (IFCC) ' a collaboration between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center ' the incidence of cybercrime is increasing exponentially. The IFCC, which investigates Internet fraud and collects online complaints at its Web sites (www.ifccfbi.gov and www.ic3.gov), reports that the total number of complaints referred to on its Web sites tripled between 2002 and 2003. National White Collar Crime Center, IFCC 2002 Internet Fraud Report (2003). See, www.ifccfbi.gov/strategy/2002_ifccreport.pdf. Meanwhile, the number of complaints involving Internet fraud reported to the Federal Trade Commission (FTC) increased by 40% during 2003. FTC, National and State Trends in Fraud & Identity Theft (Jan. 22, 2004). See, www.consumer.gov/sentinel/pubs/Top10Fraud2003.pdf.
The FTC estimates that Americans lost more than $437 million due to online fraud in 2003. National and State Trends, supra. In November 2003, the U.S. attorney general's office, in cooperation with other federal agencies and law enforcement authorities, conducted Operation Cybersweep. This joint operation resulted in more than 100 investigations involving 125,000 victims, who claimed losses of more than $100 million. Press release, U.S. Department of Justice (Nov. 20, 2003), at www.usdoj.gov/usao/lae/hotnews/operation_cybersweep.htm.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.