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As worldwide Internet use grows, international Internet legal difficulties increase. Resolution is commonly obtained through traditional international treaties, conventions and jurisdictions. However, some critical matters concerning international use and regulation of the Internet remain unsettled.
In a case of first impression under New Jersey law, an appeals court has held that Internet subscribers have a reasonable expectation of privacy, allowing a challenge to a subpoena that led to an indictment for computer-related theft.
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A recent study commissioned by the Equipment Leasing and Financing Association of America ('ELFA') and produced by The Alta Group examines how U.S. businesses and other organizations acquire critical information technology ('IT') equipment and what factors influence the decision-making processes.
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Dorsey & Whitney LLP is a firm of more than 600 lawyers with a litigation and arbitration practice in 15 locations in the United States and in London, Hong Kong and Shanghai. I joined the firm's New York office in the fall of 2005 and assumed, among other duties, the task of advising on the litigation department's deployment of discovery technology for large and complex matters. <br>In part due to the management of the electronic evidence in this dispute, Dorsey's client obtained an order in September 2006 denying class certification and strongly pointing toward the ultimate disposal of the matter. As discussed below, our implementation of the Ringtail Legal 2005 hosted ASP solution ' and the support by FTI Consulting ' was important in this very favorable outcome.
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The plethora of tools designed to make quick work of searching digital files appear to make most data collection tasks trivial. Products such as Google Desktop Search, DTSearch, Microsoft's Lookout and X1's eponymous set of search tools index digital files and e-mail, while providing fast and accurate search results. Of course, the promise of these tools stands in direct contrast to the warnings that litter industry trade publications, admonishing that anything less than a 'forensic' collection could be considered indefensible ' at best leading to a ruling for adverse inference, and at worst resulting in sanctions.
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Two appellate courts recently ruled that an individual who intentionally visited Web sites to view child pornography, but who did not intentionally save those images to his computer's hard drive, could not be convicted or punished for possessing images that were automatically saved due to the Web browser's cache functions. These rulings strike me as badly mistaken, for reasons that I shall explain further below.
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In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA), broadly expanding the Federal Trade Commission's (FTC) enforcement powers in the Internet arena. Since then, states and the FTC have become more active in regulating the collection, use and security of consumer's personal information generally. However, the protection of children's personal information remains a top FTC enforcement goal, and the commission has become more aggressive in enforcement of COPPA each year. Companies that fail to proactively act to ensure COPPA compliance do so at the risk of seven-figure penalties. <br>This article provides Web site operators with suggestions on how to comply with the spirit of COPPA when legal obligations are not crystal clear, as in the case when the operator of the Web site in question believes that it can make a good faith effort to be a 'general audience' Web site, but has reason to believe that the site may attract visitors under the age of 13 and is unsure how the FTC will view and treat the site.
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Recent court rulings in e-discovery.
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Litigants and their law firms continue to be frustrated with the escalating costs of discovery during litigation, investigations and regulatory response. Fueling these costs is risk ' and the fears associated with discovery risk ranging from common concerns such as budget and schedule issues, to more severe outcomes, including sanctions, adverse inference or even stress-induced hair loss.<br>A simple way for litigants to lessen risk and gain control of these costs is through effective project planning and communication. In fact, without good communication, you're not just taking a ride down the wrong route ' you're paving the road to risk.
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'Should I stay or should I go?'<br>That was the question that those classic '80s punk rockers The Clash asked in a song by the same title about a romance gone awry. That's just a song, though.<br>But, interestingly enough, that hard-driving ditty is applicable to the world of e-business: The entrepreneur contemplating the future of his or her business ' a love built of the same good times and bad, and with the same blood, sweat and tears as a real-life romance ' confronts the same dilemma when it's time to make that decision: Should he stay or should he go? How could a person not expect such perseveration? When an entrepreneur reads about the rapid rise of YouTube from startup to $1.65 billion buyout, he or she can easily forget about the many new firms that fail, and instead imagine being the personification of ' or fantasize about ' having a company that becomes the next tech-economy icon.