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Developments of Note
Downloadable Modem Dialing Billings
'Forgiven' In FTC Settlement
According to a complaint and to settlement documents filed by the Federal Communications Commission (FTC), Alyon Technologies Inc. distributed a modem-dialing program that disconnected customers from their regular Internet service provider and reconnected them to Alyon's network, then billed the charges for access to adult services on the line subscriber's telephone bill. FTC v. Alyon Technologies, Inc., No. 022-3305 (N.D. Ga. Dec. 6, 2004). According to the FTC, many consumers did not consent to the download of the modem-dialing program, never accessed the services that were billed or never authorized such access on their telephone lines, and the company failed to follow FTC regulations concerning the handling of consumer billing disputes, among other things. Alyon agreed to forgo $17 million in consumer bills and forgive an additional $22 million to settle the FTC charges of improper billing for adult videotext services.
The FTC press release, with links to relevant documents, is available at www.ftc.gov/opa/2004/12/alyonsettlement.htm.
FTC Issues Final Rule On 'Primary Purpose'
Of e-Mail Under CAN-SPAM
The Federal Trade Commission (FTC) has adopted a final rule governing the determination of the “primary purpose” of an electronic message under the federal CAN-SPAM Act. 69 Fed. Reg. 77141 (Dec. 27, 2004). The regulation, which will take effect on March 28, modifies slightly the proposed rule issued by the agency for comment in August 2004. The final rule provides four, rather than three, categories of messages, and modifies certain language to adhere more closely to the language of the Act. Among other things, the revised definition of the term “commercial content” clarifies that it is “the commercial advertisement or promotion of a commercial product or service” and is not intended to encompass an isolated e-mail by a person not engaged in commerce who is seeking to sell something to a friend or acquaintance.
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.