Will Privacy Come Of Age in 2015?
December 31, 2014
Some 43% of companies report knowing that they experienced a data breach last year. Since breaches are hard to detect, it's safe to say that the other 57% can't be sure whether they were breached or not. One thing that's certain is that big data breaches were the story of 2014 ' and it seems likely that they will keep coming.
Your Website's Terms Of Service Are Unenforceable
December 31, 2014
The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
<b><i>Online Extra</b></i> Google GC Calls Out MPAA 'Secret' SOPA Campaign
December 24, 2014
The movie industry was already having a bad week with the Sony hacking and then the fallout between North Korea and Hollywood over 'The Interview.' Now Kent Walker, Google Inc. senior vice president and general counsel,'has spoke out against the Motion Picture Association of America'in a blog post on Dec. 18. He says he is 'deeply concerned' about reports the MPAA has led a secret campaign to revive failed Stop Online Piracy Act (SOPA) legislation. '
Obama Weighs In To Favor Net Neutrality
November 30, 2014
President Obama, saying he is fulfilling a promise he made during his 2008 presidential campaign, stepped onto the "net neutrality" battlefield on Nov. 10 by releasing a statement (complete with video) calling on theFCC to adopt rules that prevent Internet service providers from charging more for faster online access and that "protect net neutrality."
Internet Copyright Infringement: An Emerging White-Collar Crime
November 30, 2014
Both white collar criminal prosecution and civil remedies thwart the unauthorized use of copyrighted material. Traditionally, injunctions and damages are more commonly used than criminal prosecution to frustrate infringements. However, the increasing use of the Internet for infringement activities makes criminal sanctions a better deterrent than traditional civil actions, thus Internet copyright infringement is emerging as a white-collar crime.
Litigating Workplace Injuries in a Virtual Office
November 30, 2014
America's workplace increasingly involves a virtual office. The injuries suffered by those so-called virtual workers are similar to workplace injuries suffered by workers in the traditional work place. However, the Internet has broadened the definition of the "workplace," and thus broadened the definition of the workplace for purposes of litigating workplace injuries and changing the nature of evidence of such injuries.
The Internet of (Legal) Things
November 30, 2014
Technology research firms such as Gartner predict that, in five to 10 years, the number of smart devices will balloon to more than 26 billion. Welcome to the "Internet of Things" (IoT) ' the web of embedded computing devices that interact with our everyday lives.
The EU 'Right to Be Forgotten' Judgment
November 30, 2014
When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, it sent ripples that impact online privacy in the United States.
The Case Against Native Application Review of e-Mail
November 30, 2014
Cost conscious lawyers and clients sometimes choose to conduct pre-production review of client e-mail in a native e-mail application. Their goal is to cut e-discovery costs by avoiding the data processing and data hosting fees associated with using a dedicated EDD database review tool. Unfortunately, native application review brings with it risks of spoliation and malware infection.