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e-Commerce Developments of Note
Antispyware Legislation Advances in Congress
The House Energy and Commerce Committee approved antispyware legislation on June 24 that would authorize significant penalties for violations of its provisions. H.R. 2929 (108th Cong., 2d Sess.), the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT). The amended version of the bill approved by the committee would, among other things, require clear and conspicuous notice prior to the installation of an “information collection program” on another's computer. The amended version would also pre-empt certain similar state antispyware laws. Also on June 24, another antispyware bill was introduced that would add a provision to the federal criminal code penalizing the unauthorized copying of a computer program or code onto a computer for the purpose of obtaining personal information with the intent to defraud or injure a person, or cause damage to a computer, or for the purpose of impairing the security protection of the computer. H.R. 4661 (108th Cong., 2d Sess.), the Internet Spyware (I-SPY) Prevention Act of 2004. (For more on this topic, see “Legislative Update.”)
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Antispyware Legislation Advances in Congress
The House Energy and Commerce Committee approved antispyware legislation on June 24 that would authorize significant penalties for violations of its provisions. H.R. 2929 (108th Cong., 2d Sess.), the Securely Protect Yourself Against Cyber Trespass Act (SPY ACT). The amended version of the bill approved by the committee would, among other things, require clear and conspicuous notice prior to the installation of an “information collection program” on another's computer. The amended version would also pre-empt certain similar state antispyware laws. Also on June 24, another antispyware bill was introduced that would add a provision to the federal criminal code penalizing the unauthorized copying of a computer program or code onto a computer for the purpose of obtaining personal information with the intent to defraud or injure a person, or cause damage to a computer, or for the purpose of impairing the security protection of the computer. H.R. 4661 (108th Cong., 2d Sess.), the Internet Spyware (I-SPY) Prevention Act of 2004. (For more on this topic, see “Legislative Update.”)
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.