Too Many Cooks: Congressional Efforts to Enact Personal Data Security Legislation
July 13, 2006
The security of personal data in the custody of third parties is increasingly at risk. Electronic files of personally identifiable information that can be used to open unauthorized lines of credit; loot existing bank, credit union, and brokerage accounts; and assume the identities of the affected individuals continue to be a highly sought after commodity by cyber thieves. This problem shows no sign of abatement.
Australian Workplace Surveillance Act
July 13, 2006
Following the passage of the first Australian law specifically regulating e-mail surveillance in the workplace on Oct. 7, 2005, employers in the State of New South Wales have been required to notify all employees of any e-mail monitoring and develop a workplace computer surveillance policy. The Workplace Surveillance Act 2005 (the 'Act') repealed the Workplace Video Surveillance Act 1998 and built on existing regulations relating to the use of listening devices and video surveillance cameras.
E-mail Formatting Can Affect Content Delivery
June 29, 2006
E-mail is a convenient and powerful method of communication with billions of e-mail messages transmitted everyday. As common as e-mail is however, there is still some mystery concerning the use of e-mail programs and the types of corresponding message formats. Why is this worth discussing? Because message formats have a direct effect on how text and text formatting are displayed, the size of the messages, and if the message text is received at all.
Protection Against Today's Network Attacks Begs for Unified Approach
June 29, 2006
The increasingly complex security environment is fueling an innovative approach to network security called Unified Threat Management (UTM) that consolidates and integrates all of the major threat protection services into a single device. UTM can save time and money and redirect IT resources back to the business of improving the practice of law.<br>Even as companies are spending billions on sophisticated new security hardware and software, current research indicates that corporate networks are being successfully attacked. Data compromises are common. This article outlines the root causes for computer network vulnerabilities and how law firms can ensure better security and more efficient use of their security-related investments.
Provisions of the New Tax Law
June 29, 2006
The Tax Increase Prevention and Reconciliation Act of 2005 (the Act) was signed into law on May 17, 2006 by President Bush. The new law affects a wide variety of taxpayers, including individuals and corporations. It contains $90 billion in tax benefits that retroactively extend a number of existing tax credits and provide several new tax breaks. It also contains $20 billion in new revenue-raising legislation, thereby resulting in $70 billion in net tax cuts. This article discusses some key provisions contained in the Act that will affect attorneys, their firms and their employees.
Patent Quality Improvements in the Works at the USPTO
June 29, 2006
In its ongoing efforts to improve the examination of software patents and resolve continued concerns over their quality, the U.S. Patent and Trademark Office ('PTO') has partnered with IBM, Open Source Development Labs ('OSDL'), and the open source community to try and achieve this goal. Among the proposals is the idea of establishing a searchable database containing an index of open source computer code. This database should make it easier for software code developers and patent examiners to locate relevant prior art.
Do Keyword Search Terms Constitute 'Use' of a Trademark?
June 29, 2006
It has been judicially noted that '[t]he Court must avoid excessive rigidity when applying the law in the Internet context because emerging technologies require a flexible approach.' <i>Edina Realty Inc. v. TheMLSonline.com</i>, D. Minn., No. 04-4371, March 20, 2006, <i>citing Brookfield Commc'ns, Inc. v. W. Coast Entm't Corp.</i>, 174 F.3d 1036, 1054 (9th Cir. 1999) (4 ECLR 384, May 5, 1999). Recently, conflicts involving one of the emerging Internet technologies, namely sponsored online key word advertising, have yielded, not only judicial flexibility, but also a fair amount of ambiguity in applying the laws of trademark infringement in Internet advertising contexts. Two recent federal district court decisions on the issue ' <i>Edina Realty v. TheMLSonline.com</i>, D. Minn., No. 04-4371, March 20, 2006; and <i>Merck & Co. Inc. v. Mediplan Health Consulting Inc. d/b/a RXNorth.com</i>, S.D.N.Y., No. 05 Civ 36550, March 30, 2006 ' illustrate the current legal muddle in their diametrically opposite conclusions on the threshold question at the heart of each analysis: Does the purchase and use of key word search terms constitute 'use' of a trademark under the Lanham Act?
