Net Neutrality Falls by the Wayside ' Again
January 31, 2014
The FCC failed again in its attempt to regulate broadband Internet service providers. On January 14, a unanimous three-judge panel of the DC Circuit Court of Appeals decided that the FCC lacked the legal authority to write certain rules governing the management of data on the Internet ' popularly known as the "network neutrality" rules. The decision could leave companies such as Netflix Inc. and Amazon, Inc. facing higher charges for the fastest service.
Is the Internet a Safer Place for Content Owners?
January 31, 2014
Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.
<i>Commentary</i> New Laws Needed To Protect Student Data
January 31, 2014
Students and schools around the country are utilizing new digital technologies in ways many people did not imagine at the turn of the century ' and those technologies offer great promise. Unfortunately, the current legal framework designed to protect student privacy and safety has not kept up with the rapid advancements that have been created by the Digital Age.
Net News
January 31, 2014
Ninth Circuit Cool to Privacy Claims against Facebook, Zynga <br>Cooley Advises LegalZoom in Private Equity Infusion
Content Owners' Pursuit of Secondary Infringement Claims
January 31, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Senate Introduces Data Security Act
January 31, 2014
Sens. Tom Carper (D-DE) and Roy Blunt (R-MO) are taking aim at retailers with new legislation intended to improve safeguards for consumer information, following recent revelations about data breaches at Target Corp. and Neiman Marcus Group Ltd.
Decoding Encrypted Documents in Cross-Border e-Discovery
January 31, 2014
Organizations should develop a strategy to determine whether encryption will be an issue as early as possible in a case. It is also important at the outset to develop a process for handling these very complicated document sets when time is of the essence and when local privacy laws must be considered.
Improving Mobile App Privacy
January 31, 2014
Companies that create and distribute mobile apps are under increasing pressure to protect user data. In 2013, the FTC and the California Attorney General each published privacy recommendations for mobile apps. Among other things, the FTC urges "privacy by design," advising companies to build privacy protections into apps from the outset.
General Personal Jurisdiction: Daimler AG v. Bauman
January 31, 2014
This article provides an overview of the Supreme Court's general-jurisdiction doctrine, discusses the recent decision in <I>Bauman</I>, and assesses the likely impact of the decision going forward.
