Slain Soldier's e-Mail Spurs Legal Debate
May 26, 2005
The recent release of a dead soldier's e-mail account to his parents in Michigan has sparked a new debate over personal data: Who owns your e-mail when you die?
Internet Law and Charities
May 25, 2005
Historically, states, not the federal government, have been responsible for regulating charities. State regulation is designed to protect consumers from fraud and abuse. The federal government's role is generally limited to providing tax incentives that inure to the benefit of valid charities.
Net News
May 25, 2005
Recent developments of note in the Internet industry. This month:<br>MPAA Targets TV Download Sites <br>Yahoo Sued over Child Porn Site <br>Star Wars' Sith Victim of Internet Sieve<br>Microsoft, Massachusetts Target Spammers in Lawsuit <br>2004 Internet Ad Rev Surpasses Dot-com Boom Levels
Canada Strikes at Spam
May 25, 2005
Canada's national spam task force delivered its report on May 17 to Industry Minister David Emerson. <i>Internet Law & Strategy</i> Board of Editors member Michael Geist was a member of the task force and served as the co-chair of the law and regulatory working group. This article discusses the task force's report, recommendations and impact.
Spitzer Files Spyware Suit
May 25, 2005
New York Attorney General Eliot Spitzer sued a major Internet marketer last month, blaming it for secretly installing software that delivers nuisance pop-up advertisements and can slow and crash personal computers.
'Information Security 101'
May 25, 2005
Recent headlines have reported a startling number of security breaches and information thefts. A major university notified 120,000 of its alumni after a computer containing fundraising information including addresses and Social Security numbers was hacked by an unknown intruder; a subsidiary of the Lexis Nexis group announced that the records of 32,000 individuals may have fallen into the hands of thieves using the passwords of legitimate subscribers; Bank of America reported the loss of backup tapes containing the financial records of up to 1.2 million federal employees; payroll outsourcer PayMaxx faced allegations that it had exposed 25,000 customer records, including W-2 information, online; and cell phone provider T-Mobile released information about a hacker who was able to exploit a security weakness in a commercial software package to access customer records, sensitive government documents, private e-mail and candid celebrity photos.
A Primer on Custody Issues in Pennsylvania and Beyond
May 03, 2005
Custody matters are addressed to the court, either as an initial Petition regarding custody, or as a Petition to Modify an existing custody order. Custody petitions may be brought by a parent, and under certain circumstances by a grandparent or by a third party. "It is axiomatic that in custody disputes, 'the fundamental issue is the best interest of the child.'" Charles v. Stehlik, 560 Pa. 334, 339, 744 A.2d 1255, 1258 (2000), quoting <i>Ellerbe v. Hooks</i>, 490 Pa. 363, 416 A.2d 512, 513 (1980). "Custody cases are unique in that they involve disputes between two people (generally parents) regarding the upbringing of their children. There is little applicability of substantive law from other fields into custody cases. Custody law and analysis will not be applied in situations other than those regarding children." <i>DeSanctis v. Pritchard</i>, 803 A.2d 230, (Pa. Super. 2002) (custody of a dog).
Electronic Waste Recycling Laws Challenge the Leasing Industry
May 02, 2005
An increasing number of state legislatures are deciding that there is a need to recycle computer components and other electronic waste, also known as "e-waste," and thus are proposing diverse laws intended to encourage or require such recycling. Equally diverse, to the point of creating conflicts and confusion, are the ways in which the various state legislatures propose to raise the funds to pay for such programs. Two states, California and Maine, have enacted such legislation and, at press time, 14 states have proposed such legislation. On Jan. 1, 2005, California's law was the first to go into effect. This article describes the Equipment Leasing Association's policy on legislation requiring advanced recycling fees. The article reviews California's new e-waste law and highlights some of the concerns to the leasing industry with regard to California's law.
