Text Messaging Heard By the Supreme Court
April 29, 2010
The U.S. Supreme Court on April 19 wrestled with the privacy expectations of public employees in a case involving workplace monitoring of text messages. By the end of arguments in <i>City of Ontario, Calif. v. Quon</i>, some justices, unfamiliar at first with the ins and outs of text technology, appeared better informed, but Jeffrey Quon's expectation of victory appeared to decline.
<i>Tiffany v. eBay </i>
April 29, 2010
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'
April 29, 2010
Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.
Uncertainty for FCC's Net Neutrality in Wake of Comcast Ruling
April 29, 2010
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, its signature "net neutrality" initiative hanging by a thread. Now, the agency faces several unpalatable options.
Cybercrime Poses New Risks in Commercial Banking
April 29, 2010
This article discusses the handling of electronic fund transfers under the Uniform Commercial Code, online banking customer authentication methods, and recent litigation between banks and small and medium-sized businesses that were victims of cybertheft.
What's Next for FCC?
April 28, 2010
In the wake of a stinging defeat in court, the Federal Communications Commission finds its ability to regulate the Internet in question, with its signature "net neutrality" initiative hanging by a thread. Now, the agency faces several unpalatable options.
Bob Marley Merchandise Scuffle Involves Significant 'Image' Issues
April 28, 2010
High consumer interest in merchandise bearing indicia of deceased celebrity icons has spawned a constantly evolving litigation genre for determining the extent of rights of the icons' estates. The issue has become a common one in e-commerce and, perhaps directly because of e-commerce, has risen in frequency, with significantly increased easy access to images online.
DIY e-Commerce Law
April 28, 2010
Entrepreneurs in e-commerce have long thrived on serving those who subscribe to the "do it yourself" ("DIY") method of doing business. Legal services are no exception to this trend. Online self-help legal sites, such as nolo.com, have grown in tandem with the general expansion of online commerce. But there are still times when it really is dangerous to "do it yourself" and when it is best to rely on trained professionals.