Web Sites' CDA '230 Immunity: An Ever-Expanding Universe?
December 19, 2006
The federal Communications Decency Act of 1996 ('CDA') immunizes Web site operators and other interactive computer service providers from liability for third parties' tortious acts. Pub Law No. 104-104 (Feb. 8, 1996) 110 Statutes at Large 56 '509, codified at 47 U.S.C. '230. 47 U.S.C. '230 shields providers and users of interactive computer services from responsibility for third-party content.
China's World Trade Compliance
November 30, 2006
Board of Editors member, Prof. Usha Haley, spoke at the U.S.-China Economic and Security Review Commission Hearing on China's World Trade Compliance. In Part One, she addressed subsidies, their forms and complications. In Part Two, she covers how profitable and available those subsidies are and how profitable companies are that serve the China market.
Court Watch
November 30, 2006
Highlights of the latest franchising cases from around the country.
The Best of MLF 2006
November 30, 2006
As 2006 comes to a close ' and in keeping with tradition ' we will take a look back at the topics that defined this past year in the areas of marketing, business development, media and, most recently, management issues.
Cast Your Browser Vote: Firefox 2.0 or IE 7?
November 29, 2006
All across America, citizens were recently asked to choose between two popular candidates. Not Democrat versus Republican, but Firefox 2.0 versus Internet Explorer 7. With major upgrades released for each of these popular Web browsers, the question for netizens is: 'Which should get my vote?'
Net News
November 29, 2006
Gamblers Take Aim at Internet Ban <br>Internet Mom's Kids Sued for Downloading Over 1000 Songs<br>Major Study Claims 1% of All Web Sites Sexually Explicit
Courts Step Up to Plate in Battle Against Spyware
November 29, 2006
Several months ago, the New York attorney general filed suit in a New York state court seeking an injunction against Direct Revenue LLC enjoining the firm from secretly installing spyware or sending ads through already installed spyware. <i>New York v. Direct Revenue LLC</i>, No. 401325/06 (Sup. Ct. N.Y. Co.). The suit has resulted in public disclosure of some of the most reviled Internet marketing tactics by a company that recently claimed it had changed its evil ways and has resulted in allegations of financial connections to some 'good guy' Internet behemoths such as Yahoo, Vonage, MySpace and others.
Out of Court and Onto the Web
November 29, 2006
If a doctor's mistakes can be broadcast over the Internet for all the world to see, will he or she be more or less likely to settle a claim? What about plaintiffs? What are the implications for them should their suits against doctors and hospitals some day become public knowledge?<br>Government entities, private groups and even disgruntled private citizens are starting to use the Internet to broadcast their displeasure with what they see as 'dangerous doctors' or 'money-grubbing plaintiffs,' spreading the reach of the Web beyond the boundaries of the litigation itself by naming names of those who sue or are sued for medical malpractice.
Policing Employees' Online Access at Work
November 29, 2006
What are the risks for employers in instances where employees use company computers to access, view, download, store and possibly forward pornography or engage in illegal activities? How can corporate counsel both prevent these abuses and handle investigations if they suspect some kind of prohibited conduct is occurring in the workplace? <br>Certainly, an employee's abuse of a company's computer systems can raise a number of legal concerns ' not only for the individual but also for the corporation. For example, cases abound where the contents of employee e-mails, computer downloads and other electronic communications are used as evidence in claims of discrimination or harassment in the workplace. Central to such claims is proof that the employer failed to take appropriate steps to prevent ' and promptly correct ' the unwelcome conduct.
