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Internet Service Provider Liability
One of the first decisions in these matters, the CompuServe judgments of the Munich Court of First Instance and the Court of Appeals, received widespread attention (AG M nchen NJW 1998, 2836; LG M nchen I NJW 2000, 1051; comments on the judgment: Hoeren, NJW 1998, 2792; K hne, NJW 1999, 188; Koenig/Loetz, CR 1999, 438).
The case discussed the possibility of criminal liability of CompuServe's German general manager for pornographic content that was accessible through the Internet access points of CompuServe. After first having blocked the content following a notice served by the public authorities, CompuServe again allowed access to the newsgroups with offending content. Accordingly, the Court of First Instance found that the general manager had violated obligations to prevent illicit activity and, thus, had to be convicted according to the German criminal code. The penalty was released on license. The Court of Appeals remanded the case and acquitted the German CompuServe general manager (LG M nchen I NJW 2000, 1051; comments on the judgment K hne, NJW 2000, 1003; Moritz, CR 2000, 117).
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.