Are We All Computer Felons?
June 02, 2014
Tthe Computer Fraud and Abuse Act (CFAA) has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address. This has led to a noisy push for CFAA reform, a split in the Federal Circuit Courts and calls for Congressional action.
Seeking Quick Relief for Trademark Claims on Social Media Sites
June 02, 2014
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Are Search Engine Results Protected Speech?
June 02, 2014
Search-engine results have become the lodestar of the Web for most users. Whether the user constructs a narrowly-tailored query designed to exclude inapplicable results, or a broad search designed as an introduction to a given topic, the algorithmic apparatus fueling search engines will usually produce pertinent information. As a matter of fact, this article on search results was in part fueled by using results acquired from a search engine.
Protect Your Brands on Social Media
June 02, 2014
Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.
Coping with Evolving Cybersecurity Rules
June 02, 2014
Cybersecurity and data protection, more than ever, are priority items for the government and private sector. The government has reacted by proposing legislative "fixes" that would require organizations to satisfy basic levels of cybersecurity protection and disclose breaches or face fines. Whether a mandatory compliance model will be effective given the rapid pace by which technology advances is unclear. It may be unrealistic to expect the government's legislative pace to keep up with hackers.
IRS Guidance Reveals Federal Bitcoins Strategy
May 02, 2014
The IRS's March 25, 2014 declaration that bitcoins are property, not currency, is the final piece of the carefully-crafted Federal approach to bitcoin regulation which greatly differs from the approach of other sovereign nations.
