Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Developments of Note
ICANN Advances Proposals For .Post
And .Travel Domains
The Internet Corporation For Assigned Names and Numbers (ICANN) announced that it has begun commercial and technical negotiations with “.post” and “.travel,” two of the 10 candidate registries, as the selection process for the new sponsored top-level domain names (STLDs) moves forward. According to ICANN, no limit on the new number of STLDs has been established and the status of the remaining eight applicants is pending. The announcement is available at www.icann.org/announcements/announcement-27oct04.htm.
FDIC Releases Guidance On Managing Free,
And Open Source Software
To raise awareness about risks and risk-management practices applicable to using free and open source software (FOSS) in the financial-services industry, the Federal Deposit Insurance Corp. (FDIC) issued guidance, stating that the institution's strategic business objectives should drive software requirements. The FDIC also stated that institutions should evaluate the benefits of implementing software in terms of a number of areas, such as effectiveness, efficiency and ability to support future growth. Key risk-management considerations include code customization, IT architecture, product maturity, forking, systems integration and support, and total cost of ownership. The guidance is available at: www.fdic.gov/news/news/financial/2004/fil11404a.html.
EU Releases Working Document On Privacy
Directive Safe Harbor Agreement
In October, the European Commission released a mandated periodic staff report on the implementation of the U.S.-EU Safe Harbor agreement under which U.S. companies agree to comply with the EU Data Privacy Directive. Some concerns with U.S. compliance were noted, including the small number of U.S. companies that have joined the program, the failure of some participants to state in their publicly available privacy policies that they adhere to the principles of the EU directive, and the lack of success of participant organizations in implementing those principles. The report is available at: http://europa.eu.int.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
ICANN Advances Proposals For .Post
And .Travel Domains
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.