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Developments of Note
Computer Virus Broker
Arrested for Selling Armies of
Infected Computers to Hackers and Spammers
In the first prosecution of its kind in the nation, a well known member of the “botmaster underground” was indicted recently by the U.S. Department of Justice on charges of profiting from the use of “botnets” ' armies of computers that are under the control of the botmaster and are used to launch destructive attacks or to send huge quantities of spam across the Internet. The 17-count indictment allges that the defendant wrote malicious computer code, spread that code to assemble armies of infected computers, and sold access to the infected computers for the purpose of launching distributed denial-of-service (DDOS) attacks and sending spam. The defendant also allegedly used the botnets to generate income from the surreptitious installation of adware on the infected computers. The complete press release is available at www.usdoj.gov/usao/cac/pr2005/149.html.
FTC Shuts Down
Spyware Operation
An operation that used the lure of free lyric files, browser upgrades, and ring tones to download spyware and adware on consumers' computers was recently ordered to halt its illegal downloads by a U.S. District Court at the request of the Federal Trade Commission (FTC). The court also halted the deceptive downloads of an affiliate who helped spread the malicious software by offering blogs free background music. The music code downloaded by the blogs was bundled with a program that flashed warnings to consumers who visited the blog sites about the security of their computer systems. Consumers who opted to upgrade by clicking downloaded the spyware onto their computers. The court has frozen the organization's assets pending a hearing. The FTC will seek to bar the deceptive and unfair practices permanently, and require the operators to give up their ill-gotten gains. The complete press release, which includes steps the public can take to reduce the risk of infecting computers with spyware, is available at: www.ftc.gov/opa/2005/11/enternet.htm.
FTC Clamps Down on
File-Sharing Service Site
A U.S. District Court judge recently halted the deceptive ads of a Web operation that claimed that membership in MP3DownloadCity.com would allow users of peer-to-peer (P2P) file-sharing programs to transfer copyrighted materials without violating the law. The FTC will seek to permanently bar the deceptive claims, redress for consumers and a requirement that the defendant notify consumers who signed up for membership that the programs he promotes to share copyrighted files may subject them to civil or criminal liability. The complete press release is available at www.ftc.gov/opa/2005/10/mp3.htm.
FCC Outlines VoIP 911
Compliance Letter Requirements
The Federal Communications Commission (FCC) announced in mid-November that Net telephone companies that had not achieved full 911 compliance by November 28 would not be required to discontinue the provision of interconnected VoIP service to existing customers. They will, however, be expected to discontinue marketing VoIP service, and accepting new customers for their service, in all areas where they are not transmitting 911 calls to the appropriate public safety answering point (PSAP) in full compliance with the Commission's rules. The complete public notice is available at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2945A1.pdf.
Computer Virus Broker
Arrested for Selling Armies of
Infected Computers to Hackers and Spammers
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.