Privacy and Online Data Collection: At a Crossroads?
February 28, 2011
During the past two years, the collection of personal information through a consumer's online activities has expanded to unprecedented levels. This is due, in part, to a proliferation of new devices through which consumers disclose personal information, and also to increasingly sophisticated behavioral analytics. In response, regulators and legislators are beginning to consider more closely whether comprehensive federal data-privacy legislation is appropriate. This article explores these unfolding developments and the challenges they present to regulators, consumers and the online business community.
Copyright Claims to Images Posted on Twitter
February 28, 2011
If you are a technology or intellectual property lawyer and the phrase "social network" does not send chills up your spine, you aren't paying attention. The fundamental currency among users of social networking services is shared information; the greater the perceived value of the information, the higher the status of the user. Thus, social networks are an intellectual property minefield.
Closing the Profit Motive in the CAN-SPAM Act
February 28, 2011
Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.
Managing Employees on Social Media
February 27, 2011
With social media here to stay and smart mobile devices abounding in offices, employers need to accept that they cannot legally or practically shut down the conversation. Here's what to do.
A ROLL OF NICKLES AND A PHONE BOOTH
February 10, 2011
From major corporations, and both small and large public relations firms, comes a stream of so-called releases and other material that's so inept, and so primitive, that you must ultimately realize that those who do it right must have a vast array of skills, talents and imaginative energy. It must be difficult, because how could it be simple when so many people do it wrong? And of course, the client pays the high price of doing it wrong.