Global Internet Law
Author:
Rustad, Michael L.
Edition:
4th
Copyright Date:
2021
133 chapters
have results for information privacy
Chapter 7. INTERNET-RELATED PRIVACY Part 13 95 results (showing 5 best matches)
- SEC’s Regulation S-P (S-P) implements the privacy rules of the GLBA. Section 504 requires the SEC and other federal agencies to adopt rules, which implement notice requirements and restrictions on sharing a consumer’s information. S-P requires brokers, dealers, investment companies, and investment advisers to provide notice of their privacy policy and to protect the privacy of customer information. Financial institutions must provide individuals with statutorily prescribed disclosures in initial as well as annual privacy notices.
- In New Jersey, invasion of privacy is an umbrella category includes a number of distinct torts. The plaintiffs assert the defendants committed the tort of intrusion upon seclusion, a type of invasion of privacy involving encroachment on a person’s reasonable expectations of solitude. . .In our view, the wrong at the heart of the plaintiffs’ intrusion claim is not Viacom and Google collected children’s personal information, or even they disclosed it. Rather, it is Viacom created an expectation of privacy on its websites and then obtained the plaintiffs’ personal information under false pretenses. Understood this way, there is no conflict between the plaintiffs’ intrusion claim and COPPA. Plaintiffs were able to prove that there was an intention intrusion since Viacom never received authorization from plaintiffs to collect or disclose their personal information. Second, the court offered Viacom created an expectation of privacy by stating the company did not collect any information....
- collected the personal information of hundreds of thousands of children, and the company failed to provide direct notice to parents or obtain verifiable consent from parents concerning its information collection practices, as required under the Children’s Online Privacy Protection Act (COPPA). In its first children’s privacy case involving Internet-connected toys, the FTC also alleges VTech failed to use reasonable and appropriate data security measures to protect personal information it collected.
- Congress enacted the Children’s Online Privacy Protection Act (COPPA) in 1998. COPPA required the Federal Trade Commission to issue and enforce regulations concerning children’s online privacy. COPPA requires companies collecting personal information from children under 13 online follow steps to ensure children’s information is protected, including clearly disclosing to parents the information it collects, how the information will be used, and seeking verifiable parental consent. Companies also must take reasonable measures to protect the confidentiality, security and integrity of the personal information they collect about children.
- The GLBA regulation also specifies the affiliated and nonaffiliated third parties to which they may disclose personal information. Accordingly, financial institutions were required to post privacy notices and institute safeguards by July 1, 2001. S-P dictates online companies provide customers with a clear and conspicuous notice of their privacy policies and practices. The online company needs to provide annual notices to its customers, post its privacy notice on its website, and offer its customers the option of opting out of disclosures.
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Chapter 8. Cybercrimes Part 9 63 results (showing 5 best matches)
- The most basic Fourth Amendment question in computer cases asks whether an individual enjoys a reasonable expectation of privacy in electronic information stored within computers (or other electronic storage devices) under the individual’s control. For example, do individuals have a reasonable expectation of privacy in the contents of their laptop computers, USB drives, or cell phones? If the answer is “yes,” then the government ordinarily must obtain a warrant, or fall within an exception to the warrant requirement, before it accesses the information stored inside. When confronted with this issue, courts have analogized the expectation of privacy in a computer to the expectation of privacy in closed containers such as suitcases, footlockers, or briefcases. Because individuals generally retain a reasonable expectation of privacy in the contents of closed containers.
- “To withstand the passage of time, a law also needs to be careful not to be overly prescriptive about the processes, technologies, or requirements for meeting a privacy objective. We do not have to look hard to find examples of data-focused laws that embraced the prevalent technologies of their time, but have struggled to keep pace with innovation. The Electronic Communications Privacy Act (“ECPA”) is a good example. Congress was wise to recognize so early that electronic communications would revolutionize both business and personal interactions, but notwithstanding that foresight, the legislative language expressly applies to specific categories of service providers that existed at the time, and the types of data they collected, stored, and used. As technology and services evolved, ECPA fell behind. Before cloud-based email became a prevalent mode of communication, many viewed emails kept for more than 6 months as inconsequential information that did not require a search warrant....
- In re Am Airlines, Inc. Privacy Litig
- This provision aims to protect the right of privacy of data communication. The offence represents the same violation of the privacy of communications as traditional tapping and recording of oral telephone conversations between persons. The right to privacy of correspondence is enshrined in Article 8 of the European Convention on Human Rights. The offence established under Article 3 applies this principle to all forms of electronic data transfer, whether by telephone, fax, e-mail or file transfer.
- . at 444 (The residual privacy expectation defendant retained in his vehicle, while perhaps small, was at least adequate to support his claim of a violation of his constitutional right to be free of unreasonable searches and seizures. The massive invasion of privacy entailed by the prolonged use of the GPS device was inconsistent with even the slightest reasonable expectation of privacy.”).
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Chapter 7. INTERNET-RELATED PRIVACY Part 14 15 results (showing 5 best matches)
- In 2018, California took steps in order to protect its citizens, their data, and the authority they possess over how their personal information is used. California passed the California Consumer Privacy Act of 2018, which borrows key elements of the General Data Protection Regulation, such as an individual’s right to know what personal information a business has about them, a right to have their personal information erased, and a right to know what specific information a company may have of them—making it the most robust state enacted data privacy act to date.
- California’s online privacy statute applies to any operator of a website or online service collecting personally identifiable information about individual California residents, even if there has no physical presence in that state. An online company will be in violation of California law unless it “conspicuously posts its privacy policy on its website.” Online companies have thirty days after being notified of noncompliance to post their online privacy policies.
- The CCPA takes a broader approach to what the term “personal information” actually entails, but is not as expansive, given the GDPR applies to data from the “collection and use” to “sharing and destruction.” Congress has not enacted comprehensive privacy regulation, but has enacted privacy protections for selected sectors of the economy. With many companies doing business in all 50 states, companies have an uphill battle ahead of them to ensure they are compliant with state privacy statutes. Because of this regulatory burden, companies are beginning to support a national federal data act preempts state privacy regulations such as the CCPA, which enables less burdensome compliance.
- California mandates every online company’s policy must: (1.) complete an audit of each category of personally identifiable information collected or shared with third parties or other entities on the Internet about website visitors; (2.) give consumers notice if there is a process for reviewing and revising their personally identifiable information; and (3.) describe the process by which the operator notifies consumers as to any material change in their privacy policy.
- The California statute gives online companies alternative ways of complying with the statutory requirement that they conspicuous posting their online privacy policy: (1.) the company may post its privacy page on its homepage; or a website may post icon hyperlinks to a web page displaying the actual privacy policy. The icon must be on the homepage or “the first significant page after entering the website, and if the icon contains the word privacy.”
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Chapter 7. INTERNET-RELATED PRIVACY Part 10 10 results (showing 5 best matches)
- Facebook’s privacy policy consigns “certain personal information, such as a user’s name, profile pictures, current city, gender, networks, and pages that user is a ‘fan’ of (now, pages that user ‘likes’) is deemed “publicly available information.” To date, the United States has not developed specialized legislature addressing privacy on social network websites. Private ordering, as opposed to legislation, enables Facebook to develop an evolving privacy policy advancing its business model.
- The court refused to enter a preliminary injunction in favor of K.G.S. The court concluded that “K.G.S. has not demonstrated a likelihood of success on the merits of her claim that McLeod invaded her privacy by publicizing private information by “using K.G.S.’s name and Baby Doe’s likeness on the [Facebook] page.”
- To join the instant personalization program, a potential partner must enter into an agreement with us designed to protect your privacy. For example, this agreement requires that the partner delete your data if you turn off instant personalization when you first visit the site. It also prevents the partner from accessing any information about you until you or your friends visit its site. Instant personalization partners sometimes use an email hash process to see if any of their users are on Facebook and get those users’ User IDs. This process is similar to searching for someone on Facebook using an email address, except in this case the email addresses are encrypted so no actual email addresses are exchanged. The partner is also contractually required not to use your User ID for any purpose (other than associating it with your account) until you or your friends visit the site. When you visit an instant personalization site, we provide the site with your User ID and your friend list (...
- Privacy & Social Media
- At minimum, Facebook requires every user to share their “name, email address or mobile phone number, date of birth, and gender” In full, however, Facebook purportedly collects a much broader set of data, including: all posts, photos and videos, all replies, likes and reactions, all friends and friend history, all games, every “follow” including individuals, event, activity, service, application, group, web sites, advertisements, all followers of the same, all messages exchanges, event RSVPs, all profile information (username, devices, authentication methods, recoverable email accounts and credentials, encryption settings, phone numbers, challenge response information, biometric information and settings, birth date, major events, employment, education, education history, personal preferences, “about me,” religion and political preferences, work history, book preferences, fitness data, news feed preferences, musical preferences), GPS locations where messages, photos, and posts were...
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Chapter 7. INTERNET-RELATED PRIVACY Part 12 57 results (showing 5 best matches)
- The misuse of Internet-based surveillance tools threatens our society as much as telephone wiretaps did in the first few decades of the twentieth-century when the tort of privacy was first recognized. Privacy-based torts have yet to evolve to address the widespread surveillance of Internet usage in the U.S. workplace. Courts have universally rejected the claim employees have an expectation of privacy in their email communications. The development of new technologies for harvesting personal information creates the potential for widespread invasions of privacy.
- 2015 or 2016, Harry Sargeant no longer had a reasonable expectation of privacy in that account by that time. Harry Sargeant was told by the system administrator for the Sargeant Server in February 2013 that the HS3 Email Account had been “cut off from the root” and that “no information or data from the HS3 Email Account could or would be provided” to Harry Sargeant. Having been given this information by the system administrator, Harry Sargeant was on notice that he no longer had any rights to the email account nor would he be given access to the Sargeant Server or the information from the HS3 Email Account. Therefore, as of February 2013, Harry Sargeant could not reasonably have believed that he retained any rights (let alone a right to privacy) in the email account or the server.
- Amy Boyer’s estate filed a lawsuit against Docusearch and the individual private investigator for wrongful death, the invasion of privacy, as well as for violation of the New Hampshire Consumer Protection Act. Amy Boyer’s estate argued she had a reasonable expectation of privacy in her address and social security number, and Docusearch’s action in releasing this information was unreasonably offensive.
- Public disclosure of private facts is often asserted in revenge pornography cases. The injury is the disclosure of intimate information or details would shock the conscience of the average person. The disclosure of private facts requires the facts be true. A federal judge dismissed a public disclosure of private facts for derogatory comments posted about a Missouri woman, reasoning because the posting consisted of outright fabrications, there was no invasion of privacy, so she would need to sue on other grounds.
- The employee filed a false light invasion of privacy action because his former employer failed to remove his name as a registrant and let the viral marketing campaign be publicly attributable to him. The plaintiff claimed emotional distress and loss of reputation in his community as damages would be ongoing so long as this information would be on blogs and websites criticizing him and be difficult to erase from the Internet.
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Chapter 7. INTERNET-RELATED PRIVACY 8 results (showing 5 best matches)
- This chapter covers the topic of online or Internet privacy, which applies “when you display, store, or provide information regarding yourself on the Internet.” This chapter examines the most significant online privacy issues including the problem of transborder data protection, where the legal norms are in flux. The chapter begins with an overview and history of online privacy. Next, Federal Trade Commission enforcement is presented. Private enforcement of privacy rights is covered next.
- American society is once again undergoing a technological revolution of great consequence. This time, America is evolving from a durable commodities-based economy to one based on the licensing of software, intellectual property, and other intangibles. Cyberspace privacy laws are in flux, as U.S. courts must accommodate privacy law to the omnipresent global Internet. The Information Transparency and Personal Data Control Act was the first federal privacy or data protection act introduced in 2021.
- The chapter next moves to biometrics, privacy in social media, online privacy and employment. The next part of the chapter covers privacy-based torts. The federal statutory sources of online privacy are covered next verso state statutes and regulations. Fourth Amendment issues in text messages is covered next followed by privacy issues in cloud computing, and the Internet of things. Finally, EU privacy developments with a close analysis of the General Data Protection Regulation is covered next with a final section.
- President Barack Obama stated in 2012 White House Report: “Never has privacy been more important than today, in the age of the Internet, the World Wide Web, and smart phones.” Internet leading companies including Amazon, Apple, Facebook and Google are urging Congress to enact federal digital privacy legislation. Congress has yet to enact federal privacy protections in a connected world “where cell phones, email and online social networking have come to rule daily life.” Privacy is “a global issue without national borders and policymakers around the world are struggling to determine the best way to protect consumers’ online.” The momentum for federal privacy legislation is to preempt state statutes, such as California’s privacy act, which will go in effect on January 1, 2020.
- Overview of Online Privacy
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Chapter 7. INTERNET-RELATED PRIVACY Part 7 31 results (showing 5 best matches)
- The GLB Privacy Rule
- The FTC files enforcement actions against companies that assert that they will safeguard their customer’s privacy but breach this promise. The FTC has brought legal actions against organizations violating consumers’ privacy rights, misled them by failing to maintain security for sensitive consumer information, or caused substantial consumer injury:
- requires websites and apps to get parental consent before collecting personal information from children under 13. The Rule was revised in 2013 to strengthen children’s privacy protections and gives parents greater control over the personal information that websites and online services may collect from children under 13.
- The Federal Trade Commission (FTC) is the chief federal agency on privacy policy and enforcement in the United States. The FTC first assumed this role “in the 1970s, when it began enforcing one of the first federal privacy laws—the Fair Credit Reporting Act.” The FTC “uses law enforcement, policy initiatives, and consumer and business education to protect consumers’ personal information and ensure they have the confidence to take advantage of the many benefits of the ever-changing marketplace.”
- Through cross-device tracking, companies can associate multiple devices with the same person. “Companies can gather information about consumers across their connected devices, including smartphones, tablets, personal computers, smart televisions, and even smartwatches and other wearables.” “However, cross-device tracking also creates privacy challenges. The first challenge is transparency. Because the practice of cross-device tracking is often not obvious, consumers may be surprised to find that their browsing behavior on one device will inform the ads they see on another device.”
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Chapter 7. INTERNET-RELATED PRIVACY Part 6 136 results (showing 5 best matches)
- Canada’s Privacy Commissioner launched an investigation of Google’s new privacy policy in 2012. The principal issue was Google’s retention of personally identifiable information and the linking of various Google applications including its Android mobile telephones. The Commissioner was critical of Google’s delisting or de-identifying personal information. In early 2012, state, federal, and European agencies launched an investigation into Google for alleged privacy violations. The privacy practices of Google and other Internet companies is a hot regulatory issue in the United States and Europe.
- “Facebook’s privacy policy has undergone a significant shift over its relatively short existence. Its original policy limited the distribution of user information to a group of that user’s choice (thus creating a private space for user communication). By contrast, its current policy makes much user information public by default and requires other information to be public. This public information is accessible by Facebook and its business partners and advertisers. The shift in Facebook’s default privacy settings over time is perhaps most strikingly illustrated by an info-graphic created by Matt McKeon, a developer at the Visual Communication Lab at IBM Research. The blue shading indicates the extent that the viewing of various categories of information is limited to a user’s friends, friends of friends, all Facebook users, or the entire Internet. Heavier shading towards the outer part of the circle indicates that the information is more widely accessible.”
- International Privacy Law
- Strengthens Kids’ Privacy, Gives Parents Greater Control Over Their Information By Amending Children’s Online Privacy Protection Rule Being Modified to Keep Up with Changing Technology
- Strengthens Kids’ Privacy, Gives Parents Greater Control Over Their Information By Amending Children’s Online Privacy Protection Rule Being Modified to Keep Up with Changing Technology
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Chapter 7. INTERNET-RELATED PRIVACY Part 8 8 results (showing 5 best matches)
- The U.S. approach to privacy supplements regulatory action with litigation by private attorneys general. Europe, in contrast, relies upon public enforcement of its privacy regulations. In 2019, for example, Apple users filed suit against Apple’s Group FaceTime. Apple was the target of a large number of class action lawsuits arising out of Apple-approved apps harvesting personally identifiable information from iPhone, iPad, and iPod Touch users. The class action claimed Apple violated users’ privacy by transmitting this information to third parties. Internet privacy laws are in flux as legislatures attempt to accommodate an ever-changing Internet.
- In re Facebook Biometric Info. Privacy Litig.
- Apple was the target of a large number of class action lawsuits arising out of Apple-approved apps collected personally identifiable information from iPhone, iPad, and iPodTouch users. The class action charged Apple violated users’ privacy by transmitting this information to third parties.
- In 2019, plaintiffs filed a class action against Google for the surreptitious tracking of millions of mobile phone users. The class action charges google with collecting and storing users’ location data violated their reasonable expectation of privacy, “counter to Google’s own representations about how users can configure Google’s products to prevent such egregious privacy violations.”
- Private litigants have filed a number of high-profile privacy lawsuits against Facebook, Google, Apple, and other major Internet powerhouses. In December 2018, the District of Columbia filed against Facebook for surreptitiously collecting data through a quiz app and turning the data over to Cambridge Analytica. In turn, Cambridge Analytica used the data on behalf of the Trump campaign in 2016. The District of Columbia complaint contended that Facebook failed to protect its users’ personal data and “deceived them about who had access to it.” exposé concluded that “Facebook continued to share personal information of millions of consumers with companies like Netflix, Yahoo, Spotify and Google—despite contrary assertions to Congress.”
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Chapter 7. INTERNET-RELATED PRIVACY Part 5 91 results (showing 5 best matches)
- The EU-U.S. Privacy Shield Framework provides a legal mechanism for companies to transfer personal data from the European Union to the United States. This Framework, administered by the Department of Commerce, protects consumers’ privacy and security through an agreed set of Privacy Shield Principles. The FTC plays a significant role in enforcing companies’ privacy promises as violations of Section 5 of the FTC Act. The FTC also serves as a privacy enforcement authority in the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules (APEC CPBR) system. The APEC CBPR system is a voluntary, enforceable code of conduct designed to enhance the privacy and security of consumers ‘personal information transferred among the United States and other APEC members. Under the system, participating companies can be certified as compliant with APEC CBPR program requirements that implement APEC’s nine data privacy principles.
- President Trump’s 2017 Executive Order titled “ ‘Enhancing Public Safety in the Interior of the United States’ could undercut the Privacy Shield.” “Section 14 of the order instructs federal agencies to “ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.”
- A reasonable user, for example, is unlikely to know that he or she was consenting to Badoo’s privacy policy without carefully reading the lengthy, often difficult to follow, set of provisions. In August of 2012, the German Federation of Consumer Groups charged Facebook “with giving away customer data via its new app centre without notifying users.” Hamburg Germany’s Commissioner for Data Protection and Freedom of Information reopened an investigation of Facebook’s privacy policies relevant to “tagging photos, retaining and deleting data” and whether users have sufficient control over their personally identifiable information.
- (Case C-362/14). The Electronic Privacy Information Center (EPIC) summarizes the
- introduced its proposal for internationally agreed upon privacy principles in the 1970s. The OECD Privacy Principles were amended in July 2013 to “recognize[e] that more extensive and innovative uses of personal data bring greater economic and social benefits, but also increase privacy risks.” The amended principles were also a response to the fact that “continuous flows of personal data across global networks amplify the need for improved interoperability among privacy frameworks as well as strengthened cross-border co-operation among privacy enforcement authorities.”
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Chapter 8. Cybercrimes Part 7 30 results (showing 5 best matches)
- The SCA addresses this imbalance by offering network account holders a range of statutory privacy rights against access to stored account information held by network service providers. The statute creates a set of Fourth Amendment-like privacy protections by statute, regulating the relationship between government investigators and service providers in possession of users’ private information. It does this in two ways. First, the statute creates limits on the government’s ability to compel providers to disclose information in their possession about their customers and subscribers. Although the Fourth Amendment may require no more than a subpoena to obtain emails, the statute confers greater privacy protection. Second, the statute places limits on the ability of ISPs to voluntarily disclose information about their customers and subscribers to the government. Although the private search doctrine of the Fourth Amendment allows private providers to make such disclosures, the SCA imposes...
- MySpace users filed a class action against the social media site contending that it violated the SCA because the site disclosed members’ account information in response to law enforcement’s warrant. The court granted a motion to dismiss ruling that the warrant was sufficient and not invalidated by the SCA. In
- The statute creates rights held by ‘customers’ and ‘subscribers’ of network service providers in both content and noncontent information held by two particular types of providers. To know whether and how the SCA protects the privacy of a particular communication, you must start by classifying the provider to see whether it falls within the scope of the providers regulated by the statute—and if it does, which category of provider applies. If the provider fits within the two categories, the SCA protects the communication; otherwise, only Fourth Amendment protections apply.
- Congress enacted the SCA “to protect privacy interests in personal and proprietary information from the mounting threat of computer hackers ‘deliberately gaining access to, and sometimes tampering with, electronic or wire communications’ by means of electronic trespass.”
- In re Facebook Privacy Litigation,
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Chapter 7. INTERNET-RELATED PRIVACY Part 11 23 results (showing 5 best matches)
- The plaintiffs alleged Uber improperly accessed and used consumer personal information; From August 2015 to 2016, Uber did not inquire into alerts regarding potential misuse of consumer personal information. Uber contained personal information from riders and drivers in the Amazon S3 Datastore, which contained the information in clear readable text, rather than in an encrypted format. Uber’s privacy statement noted:
- The privacy policy further alleged personal information would be stored safely and only used for authorized purposes. However, Uber failed to restrict data security systems based on employees’ job functions, failed to require multi-factor authentication for Amazon S3 access, failed to implement reasonable security training and guidance and have a written security program. Low-cost measures could have prevented these security failures.
- The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information—such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information) and geo-location information.
- In response the FTC charged Uber and the entities reached a settlement in 2017 in which it agreed to implement a privacy security program. In 2018, Uber agreed to expand the proposed settlement over charges the ride-sharing company deceived consumers about its privacy and data security practices.
- It is common for universities and colleges to cybervet publicly available information about prospective faculty candidates. Ratemyprofessor.com, for example, gives faculty recruitment committees publicly available, although certainly not statistically representative, information about a candidate’s teaching evaluations. Prospective employees troll the Internet, studying Facebook profiles, Twitter postings, or other publicly available information to gain intelligence on job candidates—a process called cybervetting.
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Chapter 8. Cybercrimes Part 3 46 results (showing 5 best matches)
- The third party doctrine states an individual’s expectation of privacy for information dissipates upon information being voluntarily exposed or communicated to a third party. Courts taking an overly formalistic perspective on the third party doctrine vitiate any expectation of privacy for text messages because electronic communications necessarily pass through a service provider’s network during their transmission. Thus, the third party doctrine is always activated for electronic communications if it is applied absolutely.
- When law enforcement agents learn that information possessed by third parties may provide evidence of a crime, they may wish to inspect it. Whether the Fourth Amendment requires them to obtain a warrant before examining the information depends in part, upon whether the third party possession has eliminated the individual’s reasonable expectation of privacy. The “third party doctrine, in theory, seeks to strike a balance between the Fourth Amendment privacy rights of citizens and the investigative needs of the government.”
- , courts across the country will soon need to face the complex nature of technology and digital information to develop a “new balancing of law enforcement and privacy interests.”
- The Fourth Amendment of the U.S. Constitution applies only to governmental actions where the intrusion infringes on the plaintiff’s reasonable expectation of privacy not private entities Courts require plaintiffs to demonstrate that they possessed a subjective as well as an objective expectation of privacy in the place searched in order to prevail in a federal privacy action. A plaintiff must prove a reasonable expectation of privacy for any Fourth Amendment protection. Whether a defendant has a Fourth Amendment reasonable expectation of privacy invariably involves two questions: (1.) whether a defendant is able to establish an actual, subjective expectation of privacy with respect to the place being searched or items being seized, and (2.) whether that expectation of privacy is one which society recognizes as reasonable.
- The Rhode Island Supreme Court’s opinion makes it difficult for a criminal defendant to maintain privacy in his or her text messages sent to another mobile phone. Law enforcement can access text messages through another person’s phone without a warrant. The criminal defendant, in turn, carries the heavy burden of proving he or she has a property interest in the cellular phone of the third party. As such, courts view a cellular phone as a physical object rather than an access point to a wealth of information will not find an expectation of privacy in most text messages and other types of digital communications.
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Chapter 5. CONSUMER REGULATION IN CYBERSPACE Part 8 19 results (showing 5 best matches)
- The FTC calls for greater disclosures on blogs or social media sites so the reader may not be aware the poster has a paid relationship with the companies whose products are mentioned. The FTC could not have anticipated platforms such as Twitter, when drafting its endorsement guides in 1980—nearly two decades before the launch of the World Wide Web. However, the FTC entered into a consent order prohibiting Twitter from misrepresenting the security, privacy, confidentiality, or integrity of any “nonpublic consumer information.” The order requires Twitter to establish and maintain a comprehensive information security program designed to protect the security, privacy, confidentiality, and integrity of nonpublic consumer information.
- personnel and medical files and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
- records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
- What does the research show about how consumers’ use of mobile and other devices can affect the effectiveness of disclosures on particular devices or platforms? What does this research show about the relationship between how consumers use mobile devices and their understanding of disclosures and advertising displayed on mobile devices? What does the research show about how consumers make decisions based on the information? Is there specific research on the effectiveness of disclosures on mobile devices, including layered disclosures and icons, and, if so, what are the implications of that research for disclosures such as offer terms and privacy practices?
- Identify all express and implied claims the ad conveys to consumers. When identifying claims, advertisers should not focus only on individual phrases or statements, but should consider the ad as a whole, including the text, product name, and depictions. If an ad makes express or implied claims are likely to be misleading without certain qualifying information, the information must be disclosed. Advertisers must determine which claims might need qualification and what information should be provided in a disclosure. If qualifying information is necessary to prevent an ad from being misleading, advertisers must present the information clearly and conspicuously. A disclosure only qualifies or limits a claim, to avoid a misleading impression. It cannot cure a false claim. If a disclosure provides information contradicting a claim, the disclosure will not be sufficient to prevent the ad from being deceptive. In that situation, the claim itself must be modified.
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 13 16 results (showing 5 best matches)
- There is currently a chasm between norms of privacy and the commoditization of personally identifiable information by social networking sites and other websites. U.S. online advertisers drop “cookies” with impunity to track user’s preferences and collect personally identifiable information. However, the cultural ethos and customs constrain conduct. The European Commission recently approved a cookies directive that gives consumers a right to control their personal information.
- The Internet architecture of its code is what enables content filtering. IP addresses are a technology of control enabling law enforcement to trace users surfing to illegal sites. However, the Internet’s architecture could be deployed to give consumers greater control over their personal information. The Platform for Privacy Preference (P3P) is a protocol proposed by the WC3 enabling persons to select their preferences for the exchange of private information. This in turn enables computer agents to negotiate the trading of data each time an individual user connects to a site.
- In December of 2011, The Electronic Privacy Information Center (EPIC) filed suit against the Department of Homeland Security to require it to disclose how it is utilizing social networking networks for secret surveillance. Homeland Security’s omniscient eye is an example of Lessig’s architecture of control. On one hand, Anti-circumvention software constrains fair use and has the potential to chill speech.
- The P3P’s architecture implemented on a website gives visitors more control over their personal information than they would have visiting a brick and mortar store. The technical specifications of the P3P strictly controls the data flow of personally identifiable information of consumers.
- Lawrence Lessig notes how the architecture of the Internet is no longer eroding speech, privacy, and freely available content:
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Chapter 5. CONSUMER REGULATION IN CYBERSPACE Part 7 46 results (showing 5 best matches)
- This Act protects children’s privacy by giving parents tools to control what information is collected from their children online. The Act requires the Commission to promulgate regulations requiring operators of commercial websites and online services directed to children under 13 or knowingly collecting personal information from children under 13 to: (a) notify parents of their information practices; (b) obtain verifiable parental consent for the collection, use, or disclosure of children’s personal information; (c) let parents prevent further maintenance or use or future collection of their child’s personal information; (d) provide parents access to their child’s personal information; (e) not require a child to provide more personal information than is reasonably necessary to participate in an activity; and (f) maintain reasonable procedures to protect the confidentiality, security, and integrity of the personal information. In order to encourage active industry self-regulation,...
- The FTC and Snapchat settled their dispute due requiring the social media provider to “implement a comprehensive privacy program will be monitored by an independent privacy professional for the next 20 years.”
- a plaintiff must allege the defendant sent email containing “materially false or materially misleading” header information. A “header” is defined as “the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, a person initiating the message.” The CAN-SPAM Act makes it unlawful for any person to initiate the transmission of a commercial email that contains, or is accompanied by, header information that is materially false or misleading.
- Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information—including the originating domain name and email address—must be accurate and identify the person or business who initiated the message.
- Children’s Online Privacy Protection Act
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 4 10 results (showing 5 best matches)
- In general, Internet law is less developed outside of the United States. However, European Internet law is more developed in the field of privacy than in the United States. The 1995 European Data Protective Directive creates uniformity of member states’ protection of privacy for Europeans by imposing standards for processing personal information. For example, Google and Facebook have agreed to hand over user data to the French government when social media has been the instrumentality for ‘violent threats.’ In contrast to the U.S. sectorial approach, European countries have formulated an all-encompassing cultural and legal response to privacy-based actions, as compared to the United States, which continues to delineate a sharp distinction between private and public workplaces.
- In addition, a Paris Court of First Instance ruled on February 12, 2019 that numerous clauses in Google’s terms of use and privacy policy were invalid. The French court held that clauses of Google privacy policy violated French data protection law stating:
- Legal disputes will continually occur as U.S. social media sites and services cross China’s virtual borders, and Chinese providers enter the U.S. consumer market. The U.S. Federal Trade Commission (FTC) recently warned the Chinese early childhood application developer, Babybus, it was in possible violation of the FTC’s regulation governing the Children Online Privacy Protection Act (COPPA) because they collected “precise geolocation information” to be sent to third parties, “including advertising networks and/or analytics companies” without parental consent.
- Privacy-based torts have yet to evolve to address the widespread surveillance of Internet usage in the U.S. workplace. Courts have universally rejected the claim that employees have an expectation of privacy in their email communications. The American approach to electronic surveillance of employees may be traced to the view that employers enjoy absolute sovereignty through property and contract. In contrast, Europeans have long viewed workplace privacy as a fundamental right. This topic will be discussed in detail in Chapter 7.
- The Court pointed out that Google’s Privacy Policy contains a clause stating that “We may use the name you provide for your Google Profile across all of the services we offer that require a Google Account. In addition, we may replace past names associated with your Google Account so that you are represented consistently across all our services.”
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Chapter 7. INTERNET-RELATED PRIVACY Part 4 24 results (showing 5 best matches)
- Modern motor vehicles increasingly are equipped with technologies that enable them to access information via the Internet and gather, store, and transmit data for entertainment, performance, and safety purposes. Automated vehicles, those with vehicle-to-vehicle (V2V) communications technology, and other forms of wireless connectivity can provide important benefits to consumers and have the potential to revolutionize motor vehicle safety. At the same time, these technologies raise privacy and security concerns. The FTC is studying what privacy and security concerns stem from connected autonomous vehicles:
- Those examples point to the bigger issue here: with all of this cutting edge and truly transformative technology comes legitimate concern about the potential risks these devices pose to our safety, our autonomy, and our privacy. The many benefits of IoT devices may be delayed or foreclosed if consumers cannot trust them. Building that trust starts with two fundamental components: (1.) ensuring that the devices are reasonably secure and (2.) ensuring that consumers have a clear and accurate picture of what data their devices collect and how that data is stored and used. Poorly designed IoT devices, and poor privacy controls by their manufacturers, jeopardize the privacy of their users and create opportunities for attackers to steal data or assume device control. The hacking of connected devices can cause profoundly personal risks that can literally follow us into our homes. The ...risk may seem less concrete in the area of privacy than security, the former is no less important...privacy
- As to risks, participants noted that the IoT presents a variety of potential security risks that could be exploited to harm consumers by: (1.) enabling unauthorized access and misuse of personal information; (2.) facilitating attacks on other systems; and (3.) creating risks to personal safety. Participants also noted that privacy risks may flow from the collection of personal information, habits, locations, and physical conditions over time. In particular, some panelists noted that companies might use this data to make credit, insurance, and employment decisions. Others noted that perceived risks to privacy and security, even if not realized, could undermine the consumer confidence necessary for the technologies to meet their full potential, and may result in less widespread adoption.
- Privacy protection must include “devices/sensors, mobile apps and backend services. Most frameworks focus on just the devices, but a system is only as strong as its weakest link.” “Consumer confidence is critical for IoT to thrive and grow, yet many of today’s products and services are rushed to market at the lowest possible cost with little consideration for basic security and privacy protections. This introduces various levels of risk to both users and the Internet itself—from unwitting surveillance and data compromise to physical risk (e.g., smart locks) to security cameras used as part of a botnet to attack the Internet. By default, many collect vast amounts of personal and sensitive information which may be shared and traded on the open market.”
- Privacy—clearly disclose privacy-related policies such as data collection and sharing, and limit collection to that required to support functionality.
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Chapter 5. CONSUMER REGULATION IN CYBERSPACE Part 6 32 results (showing 5 best matches)
- The Report called for Internet companies to implement “the strictest privacy and safety settings by default, leaving it to users to loosen the controls and publish transparency reports of “how they develop, buy, use and store behavioral information.
- Studies on IoT and smart infrastructures, addressing data protection issues, privacy enhancing technologies and privacy on emerging technologies, eIDs and trust services, identifying the cyber threat landscape, and others.
- international network of consumer protection authorities that aims to protect consumers from fraudulent, deceptive, and unfair commercial practices around the world by sharing information about cross-border issues and encouraging global cooperation among law enforcement agencies. ICPEN’s updated website, which includes a mobile-friendly version, provides consumers with information on how to avoid scams and shop safely online. The site also includes information about how consumers can find help and file a complaint in cross-border disputes.
- Users are provided with means to preserve their privacy by configuring device and service functionality appropriately.
- Users are provided with means to preserve their privacy by configuring device and service functionality appropriately.
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Chapter 7. INTERNET-RELATED PRIVACY Part 9 16 results (showing 5 best matches)
- The Illinois General Assembly enacted the Biometric Information Privacy Act (BIPA) as a response to the growing use of biometric technology by private entities; and the fear of the ramifications of this technology if not regulated. Illinois’s General Assembly enacted BIPA, making the following legislative findings:
- Rivera and Weiss could not clear the “injury in fact” hurdle and thus lacked Article III standing in a lawsuit where they alleged “that Google’s technology violated the Illinois Biometric Information Privacy Act (BIPA), a statute governing “scans” of “face geometry” and other “biometric information” and “biometric identifiers.” The court granted Google summary judgment ruling Google’s retention of unique face templates of individuals whose photographic likenesses were electronically uploaded for storage on technology company’s servers did not cause concrete injury to individuals as required to establish Article III standing in the individuals’ action against Google for violations of the Illinois Biometric Privacy Act.
- Illinois enacted the Biometric Information Privacy Act (BIPA) that was the country’s first biometric data protection statute. Illinois is the first state to recognize a private right of action for BIPA violations. BIPA prescribes $1,000 per violation and $5,000 per violation if the violation is intentional or reckless. Any person aggrieved by BIPA has a right of action in a State circuit court or as a supplemental claim in federal district court. In Illinois, a prevailing party may recover for each BIPA violation:
- held a person need not demonstrate actual damages beyond violation of rights under the Biometric Information Privacy Act (BIPA) to file an action. Rosenbach, the plaintiff alleged the defendants, Six Flags and Great America, violated BIPA when they scanned her minor son’s fingerprint for a Great America theme park season pass without properly obtaining written consent or disclosing their plan for the collection, storage, use, or destruction of his biometric identifiers.
- Moreover, BIPA also requires entities give notice to individuals prior to collecting biometric identifiers or information and also obtain their consent. Notably, BIPA prohibits an entity from profiting, selling, or leasing an individual’s biometric identifiers. Finally, under BIPA, an entity cannot disclose or redisclose an individual’s biometric information without their consent. BIPA also bans the non-consensual collection and storage of information (the Act labels it “biometric information”) “based on” those biometric identifiers.
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 7 13 results (showing 5 best matches)
- At the bottom of one screen in Uber’s registration process, the following language appeared: “By creating an Uber account, you agree to the Terms & Conditions and Privacy Policy.” This text was divided into two parts, with the first part—describing the consequences of creating an account—being less prominently displayed than the link to the terms and conditions and the privacy policy. The app also contained a button that led to a link to the terms and conditions. The question then becomes whether this type of notice was reasonable, particularly given the nature of the online transaction and the scope of the terms and conditions. The notice of the terms was not reasonable for several reasons. Importantly, the interface did not require the user to scroll through the conditions or even select them. The user could fully register for the service and click “done” without ever clicking the link to the terms and conditions. The connection between the creation of the account and the terms...
- As we conclude that there was not reasonable notice of the terms, a contract cannot have been formed here. We nonetheless observe that the interface here also obscured the manifestation of assent to those terms. The interface did state in one sentence broken into two parts, one more prominent than the other, “By creating an Uber account, you agree to the Terms & Conditions and Privacy Policy.” The words “Terms & Conditions and Privacy Policy” were more prominently displayed than what it meant to create the account. Uber claims this highlights the terms and conditions. A reasonable alternative interpretation is that it downplays the legal significance of creating the account. What is clear is that a user could create an account without ever affirmatively stating that he or she agreed to the terms and conditions, or even opening those terms and conditions. Instead, the final step in the process was to input payment information and click “DONE.” “DONE” is also different from, and less...
- ...that the blue boldface hyperlink to the User Agreement’s terms (where the user could read the full Arbitration Provision), combined with the unambiguous warning that “[b]y tapping ‘I Agree,’ ” the user confirms that he or she “read and agreed to Lime’s User Agreement,” is conspicuous enough to put a reasonably prudent smartphone user on inquiry notice of the Arbitration Provision. The first two words that appear on the Lime App sign-up page are: “User Agreement.” The words are conveniently shown at the page’s center, in large black boldface font; the words are also larger than any other word on the page. Immediately below the large “User Agreement” title, albeit in comparatively smaller black font, the only full sentence on the entire sign-up page explains to the user that: “By tapping ‘I Agree’, I confirm that I am at least 18 years old or other legal age of majority, and that I have read and agreed to Lime’s User Agreement and that I have read Privacy Note.” In this sentence,...
- The website requires customers to first create an online account in order to process transactions. The sign-in page contains fields and a button to login, and below that, fields and a button to “sign up.” Sign-Up/Log-In page as it appeared from February 1, 2018 to June 30, 2018 (“Earlier Sign-Up Page”); Sign-Up/Log-in page as it appeared from June 30, 2018 to August 9, 2018 (“Later Sign-Up Page”). Below the “sign up” button the page states: “By registering with JUUL Labs, Inc., you agree to our Terms and Conditions and Privacy Policy.” According to JUUL, the “Terms and Conditions” and “Privacy Policy” portions of the above sentence are hyperlinks to their respective pages.
- , supra at 23 (“Most users will not have read the terms and, in some instances, may not have even seen the terms or any reference to them”). . . . We also consider the specific placement in the app of the link to the terms and conditions. On all three screens that a user was required to fill out, the top of the screen was where the user was required to focus and fill in information. It was not until the third screen that any reference to the terms and conditions appeared. The hyperlink to the terms and conditions was also at the very bottom of this “LINK PAYMENT” screen. The purpose of the screen, as indicated by the title at the top, was for the user to enter payment information. The place to enter that information—a white field set apart against a dark background—was at the top of the screen. Under that field, there were two separate pieces of text in boldface, white font that related to the payment purpose of the screen. There was also a large button in the middle of the screen...
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- As the chart above confirms, the Rome II Regulation excludes information-based torts notably privacy and defamation. In addition, Rome I Regulation does not cover non-contractual relations arising out of family relations, corporate disputes (such as accounting disputes), trusts, negotiable instruments, and nuclear accidents.
- “Non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation.”
- the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.
- The Member States included in the list referred to in paragraph 1 shall, within the framework of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC (16) (‘the European Judicial Network’) provide information on how to determine, in accordance with their national law, the effects of the judgments referred to in the second sentence of paragraph 2.
- Article 35 of the recast Brussels Regulation is in materially the same terms as Article 31 of the 2001 Brussels Regulation. However, the rules are enhanced by new recital 25, which provides that the notion of provisional (including protective) measure should: Include, for example orders aimed at obtaining information and preserving evidence, as referred to in Articles 6 and 7 of the Directive on the enforcement of intellectual property rights (2004/48/EC). Not include measures, which are not of a protective nature, such as measures ordering the hearing of a witness.
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 2 14 results (showing 5 best matches)
- Damages may be assessed for collection or transmitting information without data subject consent. U.S. software companies must also consider privacy regulations of individual nations in Europe and around the world. For example, the Swedish Data Protection Act prohibits U.S. companies from harvesting names, addresses, and other personal information from its website without prior consent. U.S. companies will need to examine the data protection laws and practices of many countries to ensure they will not be sued in a distant forum. American based companies doing business online are subject to E.U. privacy regulations.
- U.S. companies must determine what personally identifiable information it is collecting and how long to retain it. These companies must also determine what personal data is transferred to its subsidiaries or other third parties. Chapter 7 will compare U.S. privacy to EU data protection in depth.
- The rights to privacy and self-determination in EU countries extend to both private and public sector data processors and apply to all industries, as opposed to the sectorial protection found in the United States. Additionally, privacy in the European Union originated as a right of individual consent, something that later evolved into the individual’s right to participate in society.
- In 1995, the European Commission granted all European citizens a fundamental right to control the collection, transmission, or use of personal information. (Council Directive 95/46/EC). This 1995 Directive prohibits the transfer of personal information across national borders unless the receiving country has implemented an adequate level of protection.
- EU’s Extraterritorial Privacy Regulations
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Chapter 6. GLOBAL INTERNET TORTS Part 9 46 results (showing 5 best matches)
- Actions that do not invade privacy rights in the United States violate Eurozone privacy rules. Google was assessed a fine of one hundred thousand euros in France for its Street View filming practices. “In November 2010 the UK Information Commissioner’s Office [official website] found that Google had committed a ‘significant breach “of the Data Protection Act and required that Google delete the payload data it collected in the UK and implement employee training on privacy principles, security awareness and the Data Protection Act.” Canada, Australia, and Spain have all investigated Google for Street View filming that allegedly violated consumer privacy.
- The rules would also require all companies to be able to trace the origin of information on their platforms. This would effectively require all platforms such as WhatsApp, Signal and Telegram that use end-to-end encryption—only the person sending the message and the person receiving it are able read it—to either withdraw from India or alter their architecture in ways that would undermine cybersecurity and privacy. These proposed rules come in the absence of a data protection law and when dissent is under attack in India. The government also wants to expand its powers of mass surveillance. But encryption protects ordinary citizens from a range of cybersecurity threats. Platforms with end-to-end encryption have provided means to beleaguered human rights defenders to communicate in a safe manner.
- “By limiting the liability for negligence of a supplier of information to be used in commercial transactions to cases in which he manifests an intent to supply the information for the sort of use in which the plaintiff’s loss occurs, the law promotes the important social policy of encouraging the flow of commercial information upon which the operation of the economy rests. The limitation applies, however, only in the case of information supplied in good faith, for no interest of society is served by promoting the flow of information not genuinely believed by its maker to be true.”
- Privacy-Based Litigation
- Towards a Global Data Privacy Standard
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Chapter 8. Cybercrimes Part 6 11 results (showing 5 best matches)
- The ECPA requires the government to demonstrate facts, capable of articulation, illustrating reasonable grounds relevant to a criminal investigation to support orders for service providers to turn over customer information. The subscriber whose information is turned over to the government has no reasonable expectation of privacy and is thus not protected under the Fourth Amendment of the U.S. Constitution.
- Congress enacted the ECPA in 1986 to “clarify federal privacy protections and standards in light of dramatic changes in new computer and telecommunication technologies.” Many states have enacted statutes with functionally equivalent provisions to punish illegal wiretaps. The ECPA may order service providers to disclose stored communications and transaction records including the name, telephone, or instrument number and other subscriber confirming information including temporary network addresses.
- Electronic Communications Privacy Act (ECPA)
- Congress created a federal privacy right when it enacted the Electronic Communications Privacy Act of 1986 (ECPA). The ECPA often referred to as the federal wiretap act, was enacted as an amendment to the Omnibus Crime Patrol and Safe Streets Act of 1968. The ECPA establishes criminal and civil remedies for the unauthorized interception or disclosure of electronic communications. An “electronic communication” is defined as any “transfer of signs, signals, wiring, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate or foreign commerce . . .”
- The USA Patriot Act permits federal government agents to intercept email and monitor other Internet activities. Congress authorized the Federal Bureau of Investigation (FBI) to issue National Security Letters (NSLs) to wire or electronic communication service providers, which allowed the FBI to gain access to subscriber information relevant to authorized terrorism investigations. A NSL is defined as an administrative subpoena that allows the FBI to gain access to, among other things, subscriber information, or electronic communication transactional records held by Internet service providers when this information is relevant to international terrorism or clandestine intelligence activities.
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 7 11 results (showing 5 best matches)
- governing issues such as property ownership, copyrights, trademarks and other intellectual property issues, parallel imports and distribution controls, consumer protection, taxation, libel and defamation, obscenity and personal privacy apply to online businesses such as ours. Many of these laws were adopted prior to the advent of the Internet and related technologies and, as a result, do not contemplate or address the unique issues of the Internet and related technologies. . .Clearly, tort law has failed to keep pace with the mushrooming number of fraudulent schemes on the Internet. Furthermore, there are roadblocks to the development of Internet privacy actions that could otherwise be used to counter the increasingly widespread trafficking of the personal information of Internet users. Overall, tort remedies have yet to develop to protect consumers in cyberspace.
- Privacy-based torts and remedies for misuse of novel technologies, such as “instantaneous photographs,” were enacted in the first decades of the twentieth century. In the new millennium, the law of privacy is being transformed as American society is once again undergoing a technological conversion of great consequence. Courts, legislatures, and industry standards must evolve to keep pace with the many internet-related privacy issues.
- Both social and commercial activity on the Internet may give rise to lawsuits aimed at repairing harm to a company or a person’s reputation, economic interests, or privacy—all of these falling under the broader legal concept of torts. Unlike torts that occur in the material world, cybertorts generally focus on the “financial losses, reputation injury, or emotional injury rather than personal injury or physical damage to property.” Information-based torts have damages that are much harder to quantify than traditional torts involving physical injuries, malpractice, or economic damages. They also tend to require the court to act to stop a company or individual from continuing an action that is causing a harm, or going to cause a harm in the future, which is called injunctive relief.
- Invasion of Privacy cases (ex. private drone photos, child photos, and adult sex videos and pictures posted online, illegal videotaping, illegal tape recording without consent)
- A licensor of software, digital data, or other information gives the licensee permission to use content subject to limitations. With a sale of goods, the seller conveys the buyer all rights as well as title. A seller of hardware such as an iPod, high-definition television, or snowmobile, cannot specify that the consumer may only use the device for six months or in certain locations. A licensor of digital information, in contrast, may control the permitted locations, duration of use, number of users, geographic scope, and allowable uses of the software. The software licensing industry evolved since the mid-1980s to enable arbitrage. Licensing conveys a lower-order property interest from the licensor to the licensee. Under a license, the licensee receives a right to use software or digital information for a designated period of time or under specified conditions and covenants.
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Chapter 7. INTERNET-RELATED PRIVACY Part 2 23 results (showing 5 best matches)
- To determine whether a contract is unconscionable, a court will typically examine “the commercial setting of the transaction, the use of fine print in the contract, and the use of high-pressure contracting tactics.” John Hancock’s policy made it clear all information stored email system was property owned by the insurer. “Even in the absence of a company email policy, employees do not have a reasonable expectation of privacy in their work email.” Further, the court said the interest of the employer to take affirmative steps against harassment outweighed the plaintiffs’ privacy interest. U.S. courts’ property-based approach to computer systems makes it difficult for plaintiffs to prevail even where employers’ are engaging in egregious practices.
- Whether a defendant has a constitutionally protected reasonable expectation of privacy involves two questions: (1.) whether a defendant is able to establish an actual, subjective expectation of privacy with respect to the place being searched or items being seized, and (2.) whether that expectation of privacy is one which society recognizes as reasonable.
- court ruled the employee had no expectation of privacy in online messages and, in any case, the employer’s reading of these messages was not a “substantial and highly offensive” invasion of his privacy. The court reasoned Pillsbury’s right to prevent unprofessional and illegal activity outweighed any privacy interest of its employee in email comments. The court ruled Smyth’s termination did not violate a public policy based upon right of privacy.
- a Department of Transportation investigation uncovered evidence of an employee’s misuse of a computer. The Second Circuit recognized the employee had a reasonable expectation of privacy, but concluded the investigatory search did not violate his Fourth Amendment rights because the government’s legitimate purpose outweighed the employee’s privacy interest in conducting the search. The Fourth Amendment does not apply to a search unless the governmental intrusion infringes on the plaintiff’s reasonable expectation of privacy, which is the legally protectable interest.
- federal law enforcement officers attached an electronic eavesdropping device to a telephone booth in order to listen to conversations of a suspected illegal gambler. The Fourth Amendment applies to governmental actions where the intrusion infringes on the plaintiff’s reasonable expectation of privacy. Courts compel the plaintiff to prove she had a subjective as well as an objective expectation of privacy in the place searched. The citizen’s reasonable expectation of privacy is a requirement for any Fourth Amendment protection.
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Chapter 9. CONTENT REGULATION ON THE INTERNET Part 5 10 results (showing 5 best matches)
- Here, plaintiffs’ allegations about Facebook’s conduct do not render it responsible for the Hamas-related content. As an initial matter, Facebook does not edit (or suggest edits) for the content that its users—including Hamas—publish. That practice is consistent with Facebook’s Terms of Service, which emphasize that a Facebook user “own[s] all of the content and information [the user] post[s] on Facebook, and [the user] can control how it is shared through [the user’s] privacy and application settings.” Nor does Facebook’s acquiring certain information from users render it a developer for the purposes of Section 230. Facebook requires users to provide only basic identifying information: their names, telephone numbers, and email addresses. In so doing, Facebook acts as a “neutral intermediary.” Moreover, plaintiffs concede in the pleadings that Facebook does not publish that information, and so such content plainly has no bearing on plaintiffs’ claims. . . .Merely arranging and...
- These reports were followed by news that the FTC, Federal Bureau of Investigation (FBI), Securities and Exchange Commission (SEC), Department of Justice (DOJ), European Information Commissioner’s Office (ICO) and other European authorities had all opened investigations into Facebook’s data privacy practices.”
- The Federal Trade Commission brought an action for deceptive trade practices, and the Second Circuit held that the CDA did not immunize LeadClick. LeadClick “developed” the unlawful advertisements by materially contributing to the illegality of the deceptive content, making it an information content provider of the content at issue. For this reason, the claim was not based on content provided by another information content provider, and accordingly, there was no CDA immunity.
- We disagree with plaintiffs’ contention that Facebook’s use of algorithms renders it a non-publisher. First, we find no basis in the ordinary meaning of “publisher,” the other text of Section 230, or decisions interpreting Section 230, for concluding that an interactive computer service is not the “publisher” of third-party information when it uses tools such as algorithms that are designed to match that information with a consumer’s interests.
- ...stars in five out of six categories, both falling short only on appeals transparency. We are pleased to report that, of the 16 companies we assess, twelve publicly endorse the Santa Clara Principles on Transparency and Accountability in Content Moderation, indicating increasing industry buy-in to these important standards. Some content moderation best practices are seeing wider adoption than others. Although providers increasingly offer users the ability to appeal content moderation decisions, they do not as consistently provide users with clear notice and transparency regarding their appeals processes. According to the policies of several providers, users have the ability to appeal all content removals, but they may not receive notification that their content has been removed in the first place. This creates a critical gap in information and context for users trying to navigate takedown and suspension decisions—and for advocates striving to better understand opaque...
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Chapter 6. GLOBAL INTERNET TORTS Part 4 11 results (showing 5 best matches)
- Cybertorts frequently trigger a First Amendment analysis because most actions are information-based torts such as the invasion of privacy or defamation.
- Torts, such as the intentional infliction of emotional distress and false light privacy, are also subject to First Amendment constraints as confirmed in later cases. The leading non-defamation case arose out of a lawsuit that evangelist Jerry Falwell filed against Larry Flynt, publisher of Hustler Magazine, alleging defamation, invasion of privacy, and the intentional infliction of emotional distress for a parody that purported to describe Falwell’s first sexual experience, with his mother in an outhouse.
- In another case, the Eleventh Circuit reversed a federal district court order requiring the defendant, a child pornography suspect, to decrypt his hard drives. John Doe subpoenas to unveil anonymous Internet speakers raise troubling privacy issues when corporations use them to unmask whistleblowers and restrain corporate critics. The danger is that corporations or other entities will seek
- A New Hampshire Jane Doe plaintiff filed suit against Friendfinder.com, an adult networking site, for defamatory third-party postings under the screen name “petra03755” which depicted her as a “swinger.” The anonymous poster created a false defamatory profile of the Jane Doe plaintiff. The court granted Friendfinder.com’s motion to dismiss the plaintiff’s claims for invasion of privacy and defamation on grounds of the federal immunity under Section 230 of the Communications Decency Act.
- Intentional Information-Based Torts
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 11 9 results (showing 5 best matches)
- An untrammeled cyberspace would ultimately be inimical to liberal democratic principles. It would free majorities to trample upon minorities and would serve as a breeding ground for invidious status discrimination, narrowcasting and mainstreaming content selection, systematic invasions of privacy, and gross inequalities in the distribution of basic requisites for netizenship [net citizen] and citizenship in the information age.
- Libertarianism is an idealistic vision “Privacy activist Max that Schrems said his group Noyb reached a settlement with Ireland’s data protection watchdog for it to move ahead with a case centering on the legality of trans-Atlantic data transfers by Facebook Inc.” The European Court of Justice overturned the Privacy Shield in July 2020.
- The United Nations’ World Summit on the Information Society (WSIS) was a UN sponsored summit on information, communication and, the information society held 2003 in Geneva and two years later in Tunis. In Chapter 4, he uses the WSIS as a case study illustrating two clashing models of global governance: territorial and transnational with nonstate actors leading the way.
- “The latest clashes over data flows follow a surprise ruling in July by the European Union’s top court to topple the so-called Privacy Shield, an EU-approved trans-Atlantic transfer tool, over fears citizens’ data isn’t safe once shipped to the U.S.”
- In 2021, Facebook will also be “lobbying for multilateral standards around digital taxation, privacy and data portability, among others. . . By multilateral, they mean multicountry and multi-stakeholder, rather than, for example, the digital services tax much-debated in France this year or data portability rules imposed by China on African countries receiving monetary support.”
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Chapter 6. GLOBAL INTERNET TORTS Part 5 25 results (showing 5 best matches)
- The court found the ISP to be immune from tort liability under Section 230 of the CDA, but declined to dismiss the action, ruling that there was a sufficient basis for personal jurisdiction. In addition, the court found that the plaintiff had established a basis for the claim of invasion of the murder victim’s privacy. Negligent enablement torts have yet to develop to address Internet wrongdoing. To address the invisibility of, and consumers’ lack of control over, data brokers’ collection and use of consumer information, the FTC supports targeted legislation “that would provide consumers with access to information about them held by a data broker.”
- Negligent data brokering imposes liability on a website that sells information to a client pertaining to a third party. Websites that act as information brokers may owe a duty of care if they sell information to a person who harms the plaintiff. The typical information brokering fact pattern involves a stalker who purchases information in order to harm the plaintiff. In these cases, it is the unauthorized distribution of Social Security numbers or other personal information that subjects the plaintiff to a foreseeable risk of fraud or personal harm. The liability of a website ultimately rests upon foreseeability and the likelihood, and severity of harm for information supplied to help a stalker or fraudulent actor track the plaintiff. The emblematic data broker case was
- the New Hampshire Supreme Court held an online data broker liable for providing personal data to a criminal who used the information to track down and murder a former high school classmate. The court held the Internet data broker owed a duty to the victim because a data broker sold her contact information foreseeably endangering her. In , the representative of the decedent, a young female murder victim, filed a lawsuit against an Internet-based investigative service, which had sold the victim’s personal information to her killer. Causes of action were based on intrusion upon seclusion, commercial appropriation of private information and violations of the Federal Fair Credit Reporting Act and the New Hampshire Consumer Protection Act.
- One who, in the course of his business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information.
- On February 5, 2015, “as many as 80 million customers of the nation’s second-largest health insurance company, Anthem Inc.,” had their “account information stolen by unknown hackers. Eighty million Americans had their names, birthdays, medical IDs, Social Security numbers, street addresses, email addresses and employment information,” including income data misappropriated in this single incident. In October 2014, the New York Times reported that JPMorgan/Chase was victimized by a massive data intrusion compromising 74 million household’s personally identifiable information.
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Chapter 3. GLOBAL INTERNET JURISDICTION Part 6 25 results (showing 5 best matches)
- The court concluded that the privacy protections of the Communications Act also did not foreclose a subpoena reversing the magistrate judge’s holding that the privacy protections afforded by the Communications Act directly conflicted with Strike 3’s subpoena request. The court noted that the Communications Act expressly allows disclosure through a court-ordered subpoena: “A cable operator may disclose such information if the disclosure” is “made pursuant to a court order authorizing such disclosure,” provided “the subscriber is notified of such order by the person to whom the order is directed.”
- While the Court will grant Strike 3’s motion, it is mindful of Defendant’s privacy interests. The allegations in this case are of a sensitive nature, and it is possible the ISP subscriber is not the individual who distributed Strike 3’s copyrighted material. It is also plausible that the subscriber would, at least, know who had access to his or her IP address. Without this information, Strike 3 cannot hope to identify the Defendant, and cannot vindicate its copyrights. Because the ISP subscriber may not be the individual who infringed Strike 3’s copyrights, and given the sensitive nature of the allegations, the Court will issue a protective order, described below, establishing limits and procedural safeguards governing Strike 3’s subpoena.
- Contents of subpoena.—The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
- The court authorized the “plaintiffs to seek information regarding only the names, street addresses, email addresses, phone numbers, account creation dates, and IP logs associated with the accounts that they have identified issuing a protective order for other information they sought.
- The court weighed these factors finding that the corporation was not entitled to this information. The court did not conclude that the corporation brought the subpoena in bad faith. The court found the information sought by TMRT did not relate to a core defense finding this factor weighed in favor of quashing the subpoena. The court noted that:
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- Every substantive field of law is being reworked in response to the Internet. Advances in artificial intelligence, robotics, 3D printing, the Internet of Things, and other Internet-related technologies are transforming everyday life. In an increasingly cross-border legal environment, tortfeasors can defame, invade privacy, and misappropriate trade secrets at the click of a mouse in hundreds of jurisdictions simultaneously. The Biden Administration has proposed using a technology to “scan travelers’ faces at the U.S. border and airports even as a coalition of civil rights groups warns of ‘grave risks to privacy and civil liberties’ in a letter to Homeland Security Secretary Alejandro Mayorkas.” An Illinois federal court ruled in March 2021 that “Becton Dickinson & Co. must defend against claims that it unlawfully collected fingerprint scan information from a hospital employee through his workplace use of its Pyxis MedStation device.”
- Internet law is the study of how online activity affects long-established doctrines of jurisdiction, choice of law, contracts, torts, criminal law, intellectual property, privacy, online regulation, constitutional law, and cross-border transactions. Internet law has just begun to address the legal issues created by Robotics, Driverless Cars, and Drones. Both privacy and online surveillance create even greater legal dilemmas, as the misuse of Internet-based surveillance tools threaten individual privacy rights similarly as telephone wiretaps did in the early to mid-twentieth century.
- ...month anniversary of the reconstituted ICANN, it only seems appropriate to assess the current situation. Not surprising, authoritarian governments continue to persist in their efforts to have multilateral organizations, such as the UN, regulate the Internet. Case in point, Russian President Vladimir Putin’s assistant stated in an interview that the ICANN transition did not change its overall stance and Russia will continue to pursue government involvement, perhaps through the U.N.’s International Telecommunication Union (ITU), in the workings of the Internet. . . . Whether in the guise of cybersecurity, privacy, or promoting general Internet governance, one must ask: On whose fundamental governance principles would these rules be based? The U.S., for instance, has First Amendment and other constitutional protections, whereas China states that although it “respects citizens’ rights and fundamental freedoms in cyberspace,” these claimed rights are clearly curtailed to ensure “...
- Cyberlaw does not descend disembodied from the thin, rarefied air of the legal heavens but from legal opinions, statutes, industry standards, and social norms drawn from our daily lived experience. The Internet has created new legal dilemmas and challenges in accommodating new information technologies in three decades. In the past three decades, trademark law has been reworked to address challenges posed by domain names and cybersquatting. Without Internet websites, no court would need to decide issues such as whether a pop-up ad infringed a company’s trademark or constituted an unfair business practice in cyberspace.
- For the past three decades, courts and legislators have stretched well-established “brick and mortar” doctrines to fit the new realities of cyberspace and also create new Internet-related law. Legislators, judges, and information age stakeholders determine how Internet architecture, norms, and markets interact with established legal principles.
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- Social media may further gendered injuries. Women are typically the victims of online stalking with “threats of violence, privacy invasions, reputation harming lies, and calls for strangers to physically harm victims.” The development of new technologies for harvesting personal information increases the potential for widespread invasions of privacy. For example, a Facebook page dedicated to “embarrassing party photos” logged 1,792,764 likes and 39,535 comments.
- Employers recognize six “red flags” used when accessing the social media profiles of prospective candidates: (1.) salacious photos and information; (2.) posted information about soliciting drugs and alcohol; (3.) negative postings about previous employers; (4.) poorly written posts reflecting weak communication skills; (5.) blasphemous remarks about race, gender, and sexual orientation; and (6.) misrepresentations about job qualifications and competencies. Another survey of hiring managers found more than a third (34%) had observed social media information causing them to reject candidates, most commonly: (1.) provocative or inappropriate photos; (2.) information about the candidates’ substance abuse; (3.) weak communication skills; (4.) criticism of prior employer; (5.) racist or discriminatory comments; and (6) misrepresentations.
- A meme creator may be liable for privacy-based torts such as intrusion or appropriation of a private person’s likeness or image. “The law of Internet memes has yet to evolve to address whether they are derivative works protected by the fair use defense of copyright law. The widespread use of memes creates a legal lag true of many other Internet-related developments.
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Chapter 7. INTERNET-RELATED PRIVACY Part 3 7 results (showing 5 best matches)
- Companies are increasingly considering privacy-friendly countries to locate their services such as virtual private networks and cloud storage. Countries with weak privacy laws coupled with surveillance are to be avoided:
- Privacy & Security in Cloud Computing
- In contrast, Switzerland has strong privacy regulations and enforcement followed by Norway, Romania, Iceland and Bulgaria.
- In 2019, nearly eighty percent of all data is handled by cloud data centers. Neither Congress nor state legislatures have enacted statutes to address the questionable practices of some cloud computing providers, who offer “service credits,” as opposed to meaningful remedies for interruptions of service. “Many believe that ECPA does not offer meaningful electronic privacy protections in light of new technologies developed since 1986, such as mobile phones and cloud computing.”
- There are countries that you should just avoid if you value your privacy. For starters, the U.S. is well known for government surveillance and Internet service providers spying on their customers. Then there’s China, where VPNs are basically illegal and the Internet is mostly blocked by its Great Firewall. Many other countries have active surveillance and monitoring, too. India has a tool called NETRA that collects and analyzes Internet traffic data.
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Chapter 11. TRADEMARKS ON THE GLOBAL INTERNET 8 results (showing 5 best matches)
- Computer services, namely, providing software interfaces available over a network in order to create a personalized on-line information service; extraction and retrieval of information and data mining by means of global computer networks; creating indexes of information, indexes of web sites and indexes of other information sources in connection with global computer networks; providing information from searchable indexes and databases of information, including text, electronic documents, databases, graphics and audio visual information, by means of global computer information networks.
- registrants of a large number of domain names incorporating the Google trademark filed an action seeking cancellation of Google’s mark as generic. The ’502 Mark covers “computer hardware; computer software for creating indexes of information, indexes of web sites and indexes of other information resources.”
- Trade names, like trademarks, must be distinctive to be protectable. A domain name may qualify as a trade name if the domain name is used to distinguish the company, for instance, to give information on that company and its activities.
- The ’502 Mark covers “computer hardware; computer software for creating indexes of information, indexes of web sites and indexes of other information resources.” The domain name registrants contended that “the GOOGLE mark has become generic because a majority of the public understands the word google, when used as a verb, to mean the indiscriminate act of searching on the Internet without regard to the search engine used.” The domain name registrant ‘asserted, inter alia, that the GOOGLE mark has become generic and that he should be permitted to use the Domain Names incorporating the GOOGLE mark in furtherance of his business plans.”
- “Arbitrary marks” or “fanciful marks” are trademarks that do not communicate any information about the product either directly or by suggestion; such marks are the strongest.”
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- The paradox of the open Internet is that it systematically crosses national borders, disregarding consumer privacy everywhere. “Surveillance cameras, data brokers, sensor networks, and super cookies record how fast we drive, what pills we take, what books we read, what websites we visit.” The Internet is the nexus for issues concerning intermediaries, such as Google or Facebook, in turning over metadata to third parties. The misuse of digital fingerprints, including location and movement analytics, is enabled through data by information technologies combining this information with different data issued from other systems (e.g. CCTV or Internet logs).
- Over the past three decades, the Internet has become far more than a mere technological development as evidenced by the integral role which cyberspace plays in the social and economic fabric of society. Smartphones, fitness trackers, smart TVs, and smart appliances generate a massive amount of sensitive information, including browsing habits, purchasing patterns, real-time location, and personal health information. The openness of the Internet has been the critical element of its success:
- These financial results are in large part due to Microsoft’s global customers. Microsoft’s Electronic Silk Road creates new legal dilemmas in protecting privacy, financial integrity, intellectual property and protecting consumer rights. Companies doing business on the transnational Internet will also confront new dilemmas, from jurisdictional to choice of law and choice of forum.
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Chapter 1. OVERVIEW OF THE GLOBAL INTERNET Part 2 20 results (showing 5 best matches)
- (holding that defendant did not meet his burden of proving that he had a legitimate expectation of privacy that was violated by government’s conduct by swearing that information on servers in the Netherlands or spyware accounts was his, so as to establish standing to bring motions to suppress evidence).
- https://www.comparitech.com/blog/vpn-privacy/internet-censorship-map/
- A brief in an Electronic Privacy Communications Act case about “electronic storage” gives context and perspective to the rise of email as a routinized activity:
- Privacy International
- Chapter 7 will explore the privacy issues raised by Internet technologies in depth. Chapter 2 examines the problems of governance and how multi-stakeholder models have evolved to create today’s open Internet. In evaluating the theories of Internet governance, it is unclear who represents those who are not yet part of the Global Internet. Internet law interconnects with all other substantive and procedural legal disciplines. The next chapter will explore the theories and challenges of Internet governance.
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Chapter 9. CONTENT REGULATION ON THE INTERNET Part 2 11 results (showing 5 best matches)
- An emerging trend in most African countries is the formulation of policies and regulations that sharply target online platforms with aim of curtailing the freedom of expression and infringe on the right to privacy. An introduction of arbitrary laws and policies that may affect not only democracy within states but also affect the running of business within these countries. Authorities are over stepping their regulatory mandate with aim of playing the role of communication regulator in the respective countries. The trend is spreading fast like a bush fire. What role can be played by all stakeholders to curb this? What are the best practices to be borrowed? Like north-south information exchange/networking.
- Member States may establish obligations for information society service providers promptly to inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.
- Saul Levmore & Martha Nussbaum, The Offensive Internet: Privacy, Speech and Reputation
- China’s proposed amendments to its Internet Information Service Management Rules makes it a crime to post “information damaging the honor or interests of the State and spreading rumors, pornography or other content prohibited by laws and administrative regulations.”
- The Electronic Commerce Directive “seeks to contribute to the proper functioning of the internal market by ensuring the free movement of information society services between the Member States.” The purpose of the Directive is to create legal framework ensuring “the free movement of information services.”
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Chapter 8. Cybercrimes 9 results (showing 5 best matches)
- Internet companies are particularly vulnerable to cybercrimes. The interconnected system of computers makes it possible for hackers, ex-employees, and experts in corporate espionage to steal information, such as trade secrets, and use them in a competitor’s business without leaving physical evidence. The chapter begins with some basic attributes of cybercrime. This chapter proceeds to explain the two most important U.S. federal cybercrime statutes, The Computer Fraud and Abuse Act (CFAA) and The Electronic Communications Privacy Act (ECPA). The chapter then covers statutes covering topics such as identity fraud, access fraud, online stalking, and child pornography.
- —The deployment of data harvesting malware such as Remote Access Trojan, info stealers, spyware and banking Trojans by cybercriminals is on the rise. Using COVID-19 related information as a lure, threat actors infiltrate systems to compromise networks, steal data, divert money and build botnets.
- —An increasing amount of misinformation and fake news is spreading rapidly among the public. Unverified information, inadequately understood threats, and conspiracy theories have contributed to anxiety in communities and in some cases facilitated the execution of cyberattacks. Nearly 30 per cent of countries which responded to the global cybercrime survey confirmed the circulation of false information related to COVID-19. Within a one-month period, one country reported 290 postings with the majority containing concealed malware. There are also reports of misinformation being linked to the illegal trade of fraudulent medical commodities. Other cases of misinformation involved scams via mobile text-messages containing ‘too good to be true’ offers such as free food, special benefits, or large discounts in supermarkets.
- Congress noted that in contrast to U.S, all countries in the European Union are required to have corporate registries that include beneficial ownership information. The goal of CTA is reduce the vulnerability of the United States to wrongdoing:
- liability companies with hidden owners, to protect interstate and international commerce from criminals misusing United States corporations and limited liability companies, to strengthen law enforcement investigations of suspect corporations and limited liability companies, to set a clear, universal standard for State incorporation practices, and to bring the United States into compliance with international anti-money laundering standards, Federal legislation is needed to require the collection of beneficial ownership information for the corporations and limited liability companies formed under the laws of such States.
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Chapter 6. GLOBAL INTERNET TORTS 15 results (showing 5 best matches)
- Both social and commercial activity on the Internet may give rise to lawsuits aimed at repairing harm to a company or a person’s reputation, economic interests, or privacy—all of these falling under the broader legal concept of torts. Unlike torts that occur in the material world, cybertorts generally focus on the “financial losses, reputation injury, or emotional injury rather than personal injury or physical damage to property.” Information-based torts have damages that are much harder to quantify than traditional torts involving physical injuries, malpractice, or economic damages. They also tend to require the court to act to stop a company or individual from continuing an action that is causing a harm, or going to cause a harm in the future, which is called injunctive relief.
- Cybertorts arise out of Internet use generally on websites or other platforms. They are largely economic or reputational-based torts to recover chiefly economic, reputational, or privacy-based damages arising from Internet usage and applications. Torts are increasingly committed on Twitter, blogs, social media sites, e-mail transmissions, and website postings. Old torts also counter new Internet-related threats such as the enablement of cybercrime, inadequate cybersecurity, online privacy, and identity theft.
- For example, revenge pornography websites lawsuits share common ground with privacy-related torts such as the intrusion upon seclusion law that serves as one of the best vehicles for invasion of privacy claims. Other cybertorts are novel, such as those arising out of artificial intelligence (AI) algorithms, which are increasingly “scrutinizing your resume, judging your creditworthiness, and tweaking the photos you take on your phone.
- Cybertorts police harmful social conduct not addressed by the criminal law. In virtual space, all torts are information-based. Most cybertorts are intentional torts, frequently publication torts, filed by companies to protect their reputational interests. Cybertorts include negligently designed software that enable third parties to misappropriate trade secrets, spy on consumers or launch cybercrimes such as economic espionage. Creative lawyers apply ancient personal property torts, such as trespass to chattels, to counter threats such as computer viruses and the disruption of massive amounts of e-mail spam. Old torts counter new Internet-related threats such as the enablement of cybercrime, inadequate cybersecurity, online privacy, and identity theft.
- Plaintiffs do not often suffer a physical injury from surfing the Web as most cybertorts include reputational harm or privacy intrusions. Prevailing cybertort plaintiffs generally allege:
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 11 65 results (showing 5 best matches)
- This term covers information that is in electronic form and that is obtained from, accessible with, or usable by, a computer; it includes the information, the copy of it (e.g., a diskette containing the information), and its documentation (including non-electronic documentation). As defined, “electronic” includes digital information or information in another form having similar capabilities. This covers analog and future computational technologies, eliminating the possibility that the Act might be limited to current technology. The term does not include information merely because it could be scanned or entered into a computer; it is limited to electronic information in a form capable of being directly processed in a computer. ‘Computer information’ does not generally include printed information or information in other non-electronic formats.
- The scope of this Act turns initially on the definition of “computer information transaction.” Section 102(11). “Computer information transactions” are agreements that deal with the creation, modification, access to, license, or distribution of computer information. Section 102(a)(11). “Computer information” is information in a form directly capable of being processed by, or obtained from, a computer and any copy, associated documentation, or packaging. Section 102(a)(10). As stated in subsections (b) and (c), if a transaction is a computer information transaction but also involves other subject matter, this Act ordinarily applies only to the aspects of the transaction that involve “computer information.” This Act deals with a variety of transactions central to the information economy where the contractual subject matter is computer information. However, the mere fact that communications about a transaction, such as an application for a loan or employment, are sent or recorded in...
- which encompasses “contracts to create, modify, transfer or license computer information or informational rights in computer information.” A computer information transaction is defined as an agreement or the performance of it to create, modify, transfer, or license computer information or informational rights in computer information. The licensing of intangibles, like leases, validates the legal concept of the right to use property. Raymond T. Nimmer, UCITA’s Reporter, stated:
- The question of who has title to tangible copies of intangibles is not dispositive or even relevant to licensing rights. With software licensing, the medium is not the message, only the right to exploit information. The ease of copying software has made the invention of licensing the only efficient method of realizing value. UCITA’s scope is transactions in information, which is a broader concept than software licensing. A computer information transaction is defined as an agreement or the performance of it to create, modify, transfer, or license computer information or informational rights in computer information. UCITA defines “computer information” as electronically based or capable of being processed by a computer. UCITA follows the NCCUSL text in defining information broadly to include data, text, images, sounds, mask works, or computer programs:
- UCITA establishes rules relevant to computer information as the contract subject matter. The law for such transactions without UCITA is an unclear mixture of common law and Article 2. The lack of clarity and the reliance on misguided or obsolete concepts imposes substantial costs on parties and on commerce generally. Article 2 assumes that a contract focuses on a physical item and that the seller retains no interest in the item after its sale. For information transactions, however, the focus is on information not the tangible medium of that information. Article 2 presumes that contracts involve sales of a tangible product. In modern commerce, most information transfers are accomplished via licenses. The transferee’s rights are conditional, not unrestricted. Modern courts routinely enforce licensing transactions. UCITA adopts default rules tailored to address transactions in computer information that often involve a license.
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Chapter 12. TRADE SECRETS IN CYBERSPACE Part 2 11 results (showing 5 best matches)
- ...information dates at least to Roman law, which afforded relief against a person who induced another’s employee to divulge secrets relating to the master’s commercial affairs. The modern law of trade secrets evolved in England in the early 19th century, apparently in response to the growing accumulation of technical know-how and the increased mobility of employees during the industrial revolution. In the United States the protection of trade secrets was recognized at common law by the middle of the 19th century, and by the end of the century the principal features of contemporary trade secret law were well established. The protection of trade secrets advances several interests. Early cases emphasized the unfairness inherent in obtaining a competitive advantage through a breach of confidence. The imposition of liability for the appropriation of a trade secret protects the plaintiff from unfair competition and deprives the defendant of unjust enrichment attributable to bad...
- In a world of mobile technology, mobile phones, and instant messaging, merely labeling information a trade secret is not enough rather the information must contain information unknown to the public to be classified as a trade secret. “Employees must protect trade secrets—on social media as much as elsewhere. With respect to social media, companies find a greater risk that through connections with company-internal and external persons and informal communications modes, employees tend to disclose information more lightly.”
- A trade secrets owner must employ reasonable methods to protect trade secrets. Does information derive value from not being generally known? If so, it is classifiable as a trade secret? The three most important factors in determining whether something is a trade secret are: (1.) the extent to which the information is known outside of the business; (2.) extent to which employees know it and those involved in the business; and the (3.) extent of measures taken to guard the secrecy of the information. Trade secrets include industrial and commercial secrets as well as confidential information such as business plans or designs for new products. To qualify as a trade secret, some element must be unknown to the public.
- The Reporters for the Restatement explain how the subject matter and scope of trade secret protection is limited by the need for the public to access valuable information. “The freedom to compete in the marketplace includes, in the absence of patent, copyright, or trademark protection. . . the freedom to copy the goods, methods, processes, and ideas of others. The freedom to copy, however, does not extend to information that is inaccessible by proper means. Liability for the appropriation of a trade secret thus rests on a breach of confidence or other wrongful conduct in acquiring, using, or disclosing secret information.”
- The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. While a final determination of what information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence.
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Chapter 12. TRADE SECRETS IN CYBERSPACE Part 3 35 results (showing 5 best matches)
- An exact definition of a trade secret is not possible. Some factors to be considered in determining whether given information is one’s trade secret are: the extent to which the information is known outside of his business; the extent to which it is known by employees and others involved in his businesses; the extent of measures taken by him to guard the secrecy of this information; the value of the information to him and to his competitors; the amount of effort or money expended by him in developing the information; the ease or difficulty with which the information could be properly acquired or duplicated by others.
- (1.) the extent to which the information is known outside of [the] business; (2.) the extent to which it is known by employees and others involved in [the] business; (3.) the extent of measures taken by [the business] to guard the secrecy of the information; (4.) the value of the information to [the business] and [its] competitors; (5.) the amount of effort or money expended by [the business] in developing the information; and (6.) the ease or difficulty with which the information could be properly acquired or duplicated by others.
- Under Section 757, the definition of a trade secret is based in part “upon the ease or difficult with which the information could be properly acquired or duplicated by others.” requires trade secrets to contain “a substantial element of secrecy so that, except by the use of improper means, there would be difficulty in acquiring the information.” A key factor of secrecy is the ease or difficulty with which others can acquire information properly. In determining whether information qualifies as a trade secret, the Restatement has similar factors to UTSA:
- , comment b, listed six factors to be considered in determining whether information constitutes a trade secret: (1.) The extent to which the information is known outside the claimant’s business; (2.) The extent to which it is known by employees and others involved in the business; (3.) The extent of measures taken by the claimant to guard the secrecy of the information; (4.) The value of the information to the business and its competitors; (5.) The amount of effort or money expended by the business in developing the information; and (6.) The ease or difficulty with which the information could be properly acquired or duplicated by others.
- The form of that information can be exceedingly variable. Key to the need for protection is the fact the information is generally not known n and it is not readily ascertainable by proper means. A trade secret, generally, would be exclusive knowledge, of economic value, which has been generated by the labors of a specific person or persons who have an interest in protecting its value. Such information may be patentable or subject to copyright. This makes no difference because patents and copyrights provide only a limited monopoly. It may be in the best interests of those who have patentable ideas or information subject to copyright to keep their secrets, rather than to take the limited monopoly. The essence of trade secrets protection is that a person with a trade secret may have a remedy in equity and law, if the secret has been misappropriated.
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Chapter 12. TRADE SECRETS IN CYBERSPACE Part 6 26 results (showing 5 best matches)
- owns the alleged information, or that those who cannot access the information would gain value from having it; accordingly, the Court need only address whether Revzip’s Amended Complaint alleges a plausible claim that it took reasonable steps to keep the information secret and that the information cannot be readily ascertained by proper means.
- Under the DTSA, a “trade secret” is a form or type of business or technical information that the owner has taken “reasonable measures” to keep secret. The information must have “independent economic value” by virtue of its status as unknown or unascertainable information. Misappropriation of a trade secret is the acquisition, disclosure, or unauthorized use of that information by improper means.
- Requiring employees to sign confidentiality agreements, disclosing the information only on a need-to-know basis, and protecting the information with electronic security could plausibly be considered reasonable measures to protect a trade secret. Accordingly, Revzip has pleaded that it took reasonable measures to protect the Secret Sauces, Customer Information, and Secret Methods.
- Revzip alleges the following: (1) without access to Power House Subs’ preparation area and knowledge of the specific processes, competitors cannot ascertain the Secret Methods; (2) Power House Subs’ employees may not disclose the Secret Recipes, Customer Information, or Secret Methods without authorization and may disclose them only to those who have a need to know the information; (3) the Recipes and Customer Information are stored on a password protected server; and (4) the Customer Information consists of contact information of clients and business relations, gathered over years of effort, and includes information not publicly available.
- To date, many trade secrets disputes are between companies and ex-employees. Tesla Motors Inc. filed a trade secret misappropriation action against “the former director of its Autopilot program, accusing him of taking confidential information about the company’s driver-assist system and trying to recruit at least a dozen former colleagues to a new startup.” In April 2017, Tesla settled the suit with its ex-employee, enjoining him from recruiting Tesla employees to Aurora Innovation, his new company, for a five-year period. Tesla stated that the settlement “establishes a process to allow Tesla to recover all of the proprietary information that was taken from the company” and subjects Aurora’s computer to future audits to determine whether it is using Tesla’s confidential information.
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- You own the information you provide LinkedIn under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant LinkedIn a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to LinkedIn, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to LinkedIn, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and...
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Chapter 12. TRADE SECRETS IN CYBERSPACE Part 5 17 results (showing 5 best matches)
- (1.) the defendant stole or, without authorization of the owner, obtained, destroyed or conveyed information; (2.) the defendant knew this information was proprietary; (3.) the information was in fact a trade secret; and (4.) the defendant knew the offense would benefit or was intended to benefit a foreign government, foreign instrumentality, or foreign agent.
- [A]ll forms and types of financial, business, scientific, technical, economic, or engineering information . . . whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if—(A) the owner thereof has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public[.]
- In October 2005, agents searched Chi Mak’s residence and found Defendant’s contact information in several of Chi Mak’s address books. During a second search of Chi Mak’s home in June 2006, agents found a letter dated May 2, 1987, addressed to Defendant from Gu Weihao, who was a senior official with the China Aviation Industry Corporation, a Chinese government ministry. In that letter, Gu Weihao asked Defendant to provide information about airplanes and the space shuttle and thanked Defendant for previously providing unspecified information to China. The federal agents also found what they considered to be a “tasking list” in Chi Mak’s home. Although the list itself was not addressed to anyone in particular, it requested information about aviation technologies.
- Industrial espionage, or theft of trade secrets, occurs when an actor, intending or knowing that his or her offense will injure the owner of a trade secret of a product produced for or placed in interstate or foreign commerce, acts with the intent to convert that trade secret to the economic benefit of anyone other than the owner by: (1.) stealing, or without authorization appropriating, carrying away, concealing, or obtaining by deception or fraud information related to that secret; (2.) copying, duplicating, reproducing, destroying, uploading, downloading, or otherwise transmitting that information without authorization; or (3.) receiving that information knowing that that information had been stolen, appropriated, obtained or converted without authorization.
- China and the former Russian Republics are active in economic espionage hiding “behind the anonymity of proxy computers and dispersed routers in third world countries to pilfer proprietary corporate information to accelerate their own economic development.” According to the study, “most computer-network espionage against American economic targets has focused on the following areas: information and communications technology; assessments of supplies of scarce natural resources; technologies for clean energy and health care systems or pharmaceuticals; and military data, especially maritime systems, and air and space technologies.” Foreign collectors of sensitive economic information are able to operate in cyberspace with relatively little risk of detection by their private sector targets. The U.S. Attorneys Manual notes that:
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 4 98 results (showing 5 best matches)
- “Pre-contractual information requirements are set out in Articles 5 to 8 of the Directive. They are defined separately for on-premises contracts in Article 5(1) and for off-premises and distance contracts in Article 6(1). Pre-contractual information requirements are set out in Articles 5 to 8 of the Directive. Article 5 spells out the information that must be given for on-premises consumer contracts:
- The information requirements laid down in this Directive are in addition to information requirements contained in Directive 2006/123/EC and Directive 2000/31/EC and do not prevent Member States from imposing additional information requirements in accordance with those Directives.
- With respect to distance contracts, the trader shall give the information provided for in Article 6(1) or make that information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language. In so far as that information is provided on a durable medium, it shall be legible.
- Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that:
- Anyone buying digital content will be able to get clearer information, including about details on which software and hardware the content works with, as well as information on copyright protections.
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 9 9 results (showing 5 best matches)
- The process in paragraph (2) validates an anonymous click-through transaction. It is possible that an anonymous click-through process may simply result in no recognizable legal relationship, e.g., A goes to a person’s website and acquires access without in any way identifying herself, or otherwise indicating agreement or assent to any limitation or obligation, and the owner’s site grants A access. In such a case, no legal relationship has been created. On the other hand, it may be possible that A’s actions indicate agreement to a particular term. For example, A goes to a website and is confronted by an initial screen which advises her that the information at this site is proprietary, that A may use the information for her own personal purposes, but that, by clicking below, A agrees that any other use without the site owner’s permission is prohibited. If A clicks “agree” and downloads the information and then uses the information for other, prohibited purposes, should not A be bound...
- Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) is in a form capable of being processed by that system; and (3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient. (b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of...
- “deals with the serviceability of electronic records as retained records and originals. So long as there exists reliable assurance that the electronic record accurately reproduces the information, this section continues the theme of establishing the functional equivalence of electronic and paper-based records. This section assures that information stored electronically will remain effective for all audit, evidentiary, archival and similar purposes.”
- If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) remains accessible for later reference. (b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied. (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original 40 form, that law is satisfied by an electronic record retained in accordance with subsection (a). (e) If a law requires retention of a check, that requirement...
- allows notaries to perform those acts through electronic signatures. “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.”
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 8 7 results (showing 5 best matches)
- Along with the importance of information as a central tenet of cyberlaw, all online interactions involve the participation of one or more —organizations enabling the exchange of digital information. Intermediaries, commonly known as Internet Service Providers (ISPs), grant the user basic access to forums for specific kinds of information exchange. In many ways, cyberlaw is the law of third-party mediated information exchanges.
- In Lessig’s model, Internet law consists of statutory and case law but a broader view of law also includes in norms, architecture, and the market. Lawrence Lessig conceptualized software code as the architecture of control in cyberspace. His concern was with private and public architecture infringed privacy, restrains speech, and hamstrings collaborative culture.
- Judge Easterbrook’s opinion illustrates that specialized Internet law is not required in order to apply the law to cyberspace. Instead, students interested in Internet law should study the overarching basic doctrinal fields, such as property, torts, contract law, and intellectual property, and stretch these principles to cases relevant to new information technologies. He was the first jurist to question “Internet exceptionalism”, described as “whether the technological characteristics of the Internet (and, more generally, twenty-first century information technologies) justify treating regulation of information dissemination through the Internet differently from regulation of such dissemination through nineteenth-and twentieth-century media, such as print, radio, and television.”
- defamation. Chapter 7 analyzes the EU’s “Right to be Forgotten” (May 25, 2018), which addresses data subjects’ right to delete postings on social media platforms in an effort to protect and maintain their individual privacy.
- Despite rapid technological changes, the U.S. Senate’s Judiciary Committee has yet to update “the Electronic Communications Privacy Act (ECPA) to address Internet developments such as ‘cloud-based’ computing services.”
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Chapter 9. CONTENT REGULATION ON THE INTERNET Part 3 12 results (showing 5 best matches)
- The compelled disclosure of this information could expose their proprietary data—if not necessarily to competitors, then at least to the state, which may well count itself as a participant in the market for online ads. Given the risks, a publisher that prizes the privacy of its data might find it preferable to simply decline to accept political ads—a prospect that runs counter to the First Amendment’s aim of promoting the free expression of ideas. This leads me to the second of the Act’s most critical defects: its failure to remedy the harms that inspired its enactment. I have already discussed this failing in some detail, and there is no need to repeat myself here. In short, the Act’s publication and state inspection requirements overshoot their target by a wide margin. They regulate international, regional, and local websites alike, even as all available evidence suggests that foreign operatives largely confined their activities to Facebook, Instagram, and other global social...
- to self-publish information about the political ads they run and to make records about those ads available for state inspection. requiring online publishers of social media and news websites to self-publish information about political advertisements they ran and to make records about those ads available for state inspection. The
- The Electronics Communications Privacy Act (1986), which prohibits the interception of any wire, oral, or electronic communication in the absence of consent, business necessity, or a warrant. The law was amended to include electronic communication, including e-mail or other Internet-related communications and making it a violation to intercept, disclose intercepted mail, or use the content of that intercepted mail. (
- California legislators passed a student data bill, the Student Online Personal Information Protection Act, which prohibits companies whose websites or applications are primarily used by K-12 programs from creating commercial profiles or sending targeted advertising to students or their parents.
- Maryland’s anti-foreign interference statute sought to curb foreign nationals’ exploitation of social media sites, however it had an even broader reach, extending to many established newspapers’ websites. Maryland’s anti-foreign interference statute requires both social media and news sites to self-publish information with respect to the political ads they run and to make records about those ads available for state inspection.
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 5 49 results (showing 5 best matches)
- “BabyBus, which makes its apps available on the Apple iTunes Store, Google Play, and Amazon Appstore for Android, markets over 60 free mobile apps to children between the ages of one and six, according to the FTC staff’s letter. The apps use cartoon characters to teach children about letters, numbers, shapes, music, and matching. Its apps have been downloaded millions of times, the letter said. “Several of your apps appear to collect precise geolocation information that is transmitted to third parties, including advertising networks and/or analytics companies,” the FTC staff said.” Katie W. Johnson,
- https://www.comparitech.com/blog/vpn-privacy/Internet-censorship-map/
- Daniel J. Solove, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet
- France Fines Google $57 Million For Breaking Europe’s Strict New Privacy Rules,
- Children’s Online Privacy Protection Rule—
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Chapter 8. Cybercrimes Part 4 9 results (showing 5 best matches)
- the U.S. Supreme Court upheld the searching of cell phones incident to arrest, which is well-established exception to the warrant requirement. The Court recognized that the police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested. However, the cell phone will be admissible if it falls into a well-established exception. The U.S. Supreme Court reasoned, “[m]odern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse.”
- Orin Kerr identifies three major topics of inquiry in computer crime: (1.) Fourth Amendment search and seizure (procedural computer crime law); (2.) Statutory Privacy Law, which includes the ECPA (federal wiretap act) and the SCA; and (3.) Disputes where the victim and the defendant are in different jurisdictions. Questions regarding cross border enforcement of state criminal statutes often arise in the field of cybercrime. This section examines the most frequently used computer crime statutes used to punish and deter cybercrimes.
- Cybercrimes by insiders sometimes involve chiseling or small economic losses from numerous transactions therefore making it unlikely that any one victim will report it or file a claim. For causes of action based upon privacy violations and espionage, there may be little by way of provable damages. Despite the proliferation of cybercrime, prosecutors are more concerned with crime in the streets than crime on computer systems and corporate victims are frequently unwilling to report the crime because of the negative impact on public relations.
- As the fraudsters have become more sophisticated, the BEC/EAC scheme has evolved in kind. In 2013, BEC/EAC scams routinely began with the hacking or spoofing of the email accounts of chief executive officers or chief financial officers, and fraudulent emails were sent requesting wire payments be sent to fraudulent locations. Over the years, the scam evolved to include compromise of personal emails, compromise of vendor emails, spoofed lawyer email accounts, requests for W-2 information, the targeting of the real estate sector, and fraudulent requests for large amounts of gift cards. In 2020, the IC3 observed an increase in the number of BEC/EAC complaints related to the use of identity theft and funds being converted to cryptocurrency. In these variations, we saw an initial victim being scammed in non-BEC/EAC situations to include Extortion, Tech Support, Romance scams, etc., that involved a victim providing a form of ID to a bad actor. That identifying information was then used to...
- The Internet has lowered the costs of perpetuating street crimes because victims’ personal information is posted on websites.
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- ...out about risks. Indeed, in many cases, the FTC has alleged, among other things, that the failure to maintain an adequate process for receiving and addressing security vulnerability reports from security researchers and academics is an unreasonable practice, in violation of Section 5 of the FTC Act. Second, companies should take reasonable steps to address threats to privacy, security and safety after launching products, including by issuing updates and patches. In our recently conducted study of mobile security updates, we found that the security update process varies significantly among mobile device manufacturers, and although they have made improvements, bottlenecks remain. We encouraged all actors in the ecosystem to ensure that devices receive security updates for a period of time that is consistent with consumers’ reasonable expectations. Such support should be a shared priority, reflected in policies, practices, and contracts among all parties involved in the creation...
- first parties” that collect consumer information; thus, it would not generally cover IoT device manufacturers that do their own in-house analytics. Nor would the FCRA cover companies that collect data directly from consumers’ connected devices and use the data to make in-house credit, insurance, or other eligibility decisions—something that could become increasingly common as the IoT develops. For example, an insurance company may offer consumers the option to submit data from a wearable fitness tracker, in exchange for the prospect of lowering their health insurance premium.
- The CPSC should consider requiring manufacturers to publicly set forth the standards to which they adhere. Such disclosures would improve transparency and provide consumers with information to better evaluate the safety and security of their IoT products. The FTC could use its authority under the FTC Act to take action against companies misrepresenting their security practices in their certifications. This additional tool would provide an enforcement backstop to help ensure companies comply with their certifications. Examples of enforceable statements to consumers could include statements on websites, on a retail packaging, on the device itself, or in the user interface of the device.
- is applicable to any provider aggregating data from social media sites. A speaker at the January 2015 FTC Workshop on the Internet of Things argued the FCRA “imposes “an array of obligations on entities that qualify as consumer reporting agencies, such as employing reasonable procedures to ensure maximum possible accuracy of data and giving consumers access to their information.”
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- In computer science terms, the personal computer used by the consumer is the “client,” and the computer that hosts the web page is the “server.” The “client” obtains information from a centralized source—namely the server. In a P2P distribution network, the information available for access does not reside on a central server. In a P2P network, each computer is playing the role of both server and client.
- The Motion Picture Association of America (MPAA) filed suit against Hotfile.com, another cyberlocker. Many cyberlocker services are shutting down in the wake of the FBI takeover of Megaupload. Many academics and privacy groups view this prosecution as overreaching by zealous prosecutors. Copyright owners have won nearly every P2P case, but these victories have not had any impacts on file sharing practices.
- The central server of most P2P networks will index the information made available by end-users on the network and allow individual users to connect to each other. While courts generally enforce clickwrap agreements—such as those used by iTunes—they may refuse enforcement where the licensor violates fundamental norms of fairness.
- “Cyberlockers” are third party file sharing services offering their customers password-protected hard drive space online. A user has the option of sharing the cyberlocker password information with friends, who can then privately download any content a user has placed online. This easily leads to the sharing of copyrighted works. In
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 8 11 results (showing 5 best matches)
- Edward would only have been brought to Great Fun’s enrollment page after clicking on the hyperlinked invitation to “See Details,” and Brian after clicking on a similar invitation to “Learn More,” posted on the purchase confirmation pages of the Beckett and Priceline sites, respectively. According to Trilegiant, neither plaintiff could join Great Fun without affirmatively entering personal information into various fields appearing on the enrollment page. This information included the plaintiff’s “city of birth,” and a password created by the plaintiff. It is undisputed, though, that the plaintiffs were not required to reenter credit-card information when signing up for Great Fun. That information had already been entered in connection with the online purchase of goods and services through Beckett (for Edward) and Priceline (for Brian).
- ‘By creating an Uber account, you agree to the TERMS OF SERVICE & PRIVACY POLICY.’ The text, including the hyperlinks to the Terms and Conditions and Privacy Policy, appears directly below the buttons for registration. The entire screen is visible at once, and the user does not need to scroll beyond what is immediately visible to find notice of the Terms of Service. Although the sentence is in a small font, the dark print contrasts with the bright white background, and the hyperlinks are in blue and underlined.” Id. at *78.
- The licensor or buyer requires payment first and provides terms later. The recent trend in judicial decisions is that courts enforce “cash now, terms later” licenses so long as the licensor gives reasonable notice to the user and an opportunity to decline the terms. With a layered contract, licensors structure their agreements so that a customer will manifest assent to different terms at different points in time. For example, a cell phone contract may introduce new terms after the initial monthly agreement by posting them on a website. Terms of service agreements for social media sites typically reserve the right to unilaterally alter or modify terms of use or service by simply posting a changed privacy policy on a website.
- The Uniform Computer Information Transactions Act (UCITA) invalidates gag clauses blocking negative reviews or other critical comments about software or other digital content. forbids licensing terms that prohibit the discussion of the quality of performance of computer information. Courts will not invalidate choice of forum clauses except on strong public policy grounds that “enforcement of the clause deprives the plaintiff of his day in court.”
- In effect, social networks encouraged by the U.S. Supreme Court’s endorsement of mandatory consumer arbitration, have constructed a liability-free zone where social media users have rights without remedies if social media providers breach their ToU, invade their privacy, or infringe their intellectual property rights. Ten of the top twenty-five social media providers mandate arbitration and seven of those imposed an anti-class action waiver: Skype, Academia, Pinterest, FriendFinder, Match.com, Hi5, and Flixster.
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Chapter 1. OVERVIEW OF THE GLOBAL INTERNET Part 6 7 results (showing 5 best matches)
- Prominent features of a web portal are data access, personal content, transactions, security, published content and search. It is capable of presenting information based on the user. It can also allow users to voluntarily personalize the information presented in the portal.
- In this regard, the critical objective is not just to give searchers the most complete results, but, even more important, to enable searchers to find information they seek most quickly, by placing it near the top of the list of search results.
- Google is the reigning king of spartan searching and is the most-used search engine in the world. . . Google is fast, relevant and the largest single catalog of web pages available. The search giant also tracks an incredible amount of information that many people don’t know they are giving out.
- A portal is the initial page that loads when a user starts up their web browser. “Web portal” was first used to describe the homepage of ISPs where users begin their web surfing. The term “web portal” signifies the entry point for web browsers. A web portal is a customized website that immerses information from a wide array of sources in a consistent and uniformed manner.
- “With the Space Partition Tree and Graph (SPTAG) algorithm that is at the core of the open-sourced Python library, Microsoft is able to search through billions of pieces of information in milliseconds.”
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Chapter 10. COPYRIGHTED WORKS IN CYBERSPACE Part 11 38 results (showing 5 best matches)
- To qualify for the storage exemption safe harbor for information residing on systems or networks, the OSP must designate an agent to receive notice from copyright owners when there is a complaint of infringement. The OSP must also post the agent’s name on its website and register the agent with the Library of Congress’ Copyright Office and provide the following required information:
- Contents of subpoena.—The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
- The DMCA takedown rules are inapplicable to trademark, patent infringement, or other non-copyright infringing postings. The copyright owner is able to find the contact information for the service provider’s agent because, as mentioned above, that information is posted on the website of the U.S. Copyright Office. Section 512(f)(1)–(2) of the DMCA provides remedies if a person “knowingly materially misrepresents” information “(1.) that material or activity is infringing, or (2.) that material or activity was removed or disabled by mistake or misidentification.”
- The copyright owner must give the provider’s designated agent a written takedown notice which includes: (1.) a physical or electronic signature of a person authorized to act on behalf of the copyright owner of the right allegedly infringed; (2.) identification of the copyrighted works allegedly infringing; (3.) identification of the parts of the copyrighted work that are infringing and thus should be removed; (4.) sufficient information to contact copyright owner or complaining party; (5.) a statement by the complainant in the good faith belief that the material is infringing; and (6.) a statement that the information in the notice is accurate.
- The DMCA makes it illegal for a person to knowingly falsify, remove, or alter copyright management information (CMI). The statute defines CMI as the information conveyed in connection with copies of a work, such as its title, author, copyright owner, the terms and conditions for use of the work, and identifying numbers or symbols referring to the work’s copyright information.
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Chapter 8. Cybercrimes Part 5 60 results (showing 5 best matches)
- The elements of an (a)(1) offense require that a defendant: (1.) had knowingly accessed a computer without or in excess of authorization; (2.) obtained national security information; (3.) had reason to believe the information could injure the U.S. or benefit a foreign nation; and (4.) made a willful communication, delivery, transmission (or attempt) or willfully retained the information. National security cybercrimes are rarely prosecuted; most computer crime enforcement is directed at domestic cybercriminals.
- to information, and not restrictions on its use.” The court reasoned that the plain language of the CFFA “targets unauthorized procurement or alteration of information, not its misuse or misappropriation” but does not address unauthorized access. Because Nosal’s accomplices had permission to access the company database and obtain the information contained within, the court held that the government’s charges fail to meet the element of “without authorization, or exceeds authorized access.”
- In June 2016, a citizen of Kosovo pleaded guilty to charges of providing material support to the Islamic State of Iraq and the Levant (ISIS), a designated foreign terrorist organization. He also violated the CFAA by accessing a protected computer without authorization and obtaining personally identifiable information for 1,300 U.S. service members. The Kosovar stole information pertaining to military communities and gave it to an ISIS member who posted a taunting tweet bragging that:
- that information must have been stolen through an interstate or foreign communication, thereby expanding jurisdiction for cases involving theft of information from computers;
- the Ninth Circuit determined that an employee does not exceed authorized access to a computer by accessing information unless the employee has no authority to access the information under
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- [W]eb browsers “such as the Netscape Navigator™ or the Microsoft Explorer™” allowed users to access websites in the form of HTML files. Some websites, however, contained information deemed unsuitable for some users. Corporations had the need to prevent their employees from accessing websites with certain types of information, such as “entertainment oriented sites,” while allowing them to continue to access “technical or business sites,” and parents had the need to prevent their family from accessing websites containing “sexually explicit or other objectionable information.”
- ..., specifically across the Internet, using protocols that split up a message’s content into packets for transmission. When packets arrive at their destination, they are assembled to recreate the original message. Two common preexisting protocols, which allow encryption of the transmitted data, are relevant here: Hypertext Transfer Protocol Secure (HTTPS) and Transport Layer Security (TLS). See ’552 patent, col. 7, lines 53–60. Because the ’713 patent issued from a continuation of the application that issued as the ’552 patent, the patents share a specification, and when citing that specification, we will generally cite only the ’552 patent. The patents are concerned with “filtering network data transfers” and the passage of information between a secured network (e.g., a private company’s network) and an unsecured network (e.g., the larger Internet). ’552 patent, Abstract; ’713 patent, Abstract; see also ’552 patent, col. 1, lines 62–64. The specification focuses, in particular, on...
- In a related action, the U.S. International Trade Commission “ruled that Apple violated a Samsung patent covering technology used to send information over wireless networks.” The ruling does not affect iPhone 5 or fourth generation iPads, but does mean that older Apple Inc. products cannot be imported because they allegedly use infringing patents allowing “certain iPhones and iPads made to work on AT & T Inc.’s network.”
- test. The patent was developed in the mid-1990s when the Internet became part of mass culture because the “Internet was known to contain information that consumers, students, and businesses wanted to access.” The court described the background for Bascom’s filtering patent:
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 5 8 results (showing 5 best matches)
- A license is a contract where the licensor grants the licensee the right to use software or other information. A license is first a contract, generally between two parties—the licensor and the licensee—although licenses may also be assigned or sublicensed. The licensor is the party that agrees to transfer software or to grant access to other computer information. The licensee’s duty is to pay the licensing fee to the licensor in order to obtain access to or use of information under the terms and conditions specified in the agreement. To be considered a license, the licensor must place meaningful conditions and restrictions on the licensee’s use of the software; simply calling an agreement as a license is not enough. The licensor is the party that agrees to transfer software or to grant access to other computer information.
- agreement the terms of which entail a limited or conditional transfer of information or a grant of limited or restricted contractual rights or permissions to use information. A contract “right” is an affirmative commitment that a licensee may engage in a specific use, while contract “permission” means simply that the licensor will not object to the use. Either can be the basis of a license. No specific formality of language is required. For purposes of this Act, the term includes consignments of copies of information but does not otherwise alter the legal nature of a consignment.
- Licensing is the chief contractual form used on the Internet, eclipsing sales and leases that are the most significant forms in the bricks and mortar world. A license is an agreement granting the licensee the right to use computer software, data, or other information protected by copyright and patent law. The licensor is the party that agrees to transfer software or to grant access to other computer information. The licensee’s duty is to pay the licensing fee to the licensor in order to gain access to and/or for use of information under the terms and conditions specified in the agreement. For example, Uber, the popular ride-sharing app, uses Internet-based licenses to provide their services to customers.
- A license is an agreement granting the licensee the right to use computer software, data, or other information protected by copyright and patent law.
- The legal invention of licensing enables a software publisher to retain title to its information-based product and impose significant transfer restrictions and conditions governing use. The owners of intellectual property license patents, copyrights, and trademarks. Mass market licensors often make access subject to the user accepting their end user license agreement (EULA). Typically, a EULA will specify: (1.) geographic restrictions on use, (2.) warranty disclaimers, (3.) limitations on liability, (4). choice of law and form, restrictions on provisions including but not limited to assignment and transfer of the license.
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Chapter 9. CONTENT REGULATION ON THE INTERNET Part 4 9 results (showing 5 best matches)
- No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
- Information content provider is defined to mean “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.”
- any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
- Senator J. James Exon proposed the first major federal regulation of the Internet: what became the Communications Decency Act. Senator Exon admonished that “the information superhighway should not become a red light district. [The CDA] will keep that from happening and extend the standards of decency which have protected telephone users to new telecommunications devices.”
- COPA prohibits any person from: knowingly and with knowledge of the character of the material, participate in interstate or foreign commerce by means of the World Wide Web thus any communication for commercial purposes becomes harmful to minors. COPA imposes criminal penalties of six months in prison and a $50,000 fine. COPA’s scope is restricted to obscene materials on the Internet however, the earlier statute applied to all electronically disseminated information. Under COPA, a three part test is used to determine whether material published on the World Wide Web is considered “harmful to minors.”
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Chapter 12. TRADE SECRETS IN CYBERSPACE Part 4 9 results (showing 5 best matches)
- The fact patterns underlying these civil claims are often quite similar: an employee obtains confidential information from the employer’s computer system while employed, and then uses the information to the employer’s detriment.5 Upon discovery, the employer asserts a cause of action under the CFAA (and often other claims) against the former employee, alleging that the employee intentionally accessed a computer without authorization or in excess of authorized access and obtained and used information accessed from the computer. However, courts have struggled with the element of “authorization,” which has led to a circuit split. The CFAA defines “exceeds authorized access” to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.” However, the CFAA does not define “without authorization,” and courts differ on the meaning and scope of “without authorization,” as well as...
- Hall emailed Agilysys’ trade secret, confidential, and/or propriety information from his Agilysys email account to his personal email account. This information included “Agilysys proposals for prospective customers and templates for proposals used to garner previous customer relationships.” Hall forwarded from his Agilysys email account to his personal email account, “information regarding customers’ preferences, requests for proposal, requests for contract renewals, prior Agilysys orders and contracts, Agilysys proposals for prospective customers, and templates for proposals.
- prohibits obtaining protected information by accessing a computer “without authorization” or where one “exceeds authorized access” but the CFAA nowhere defines these terms. The problem that is yet unresolved in trade secret misappropriation cases “because the employee or insider was given “authorized access” to valuable information with company computers, but then abused that access in inappropriate ways.” But the prohibition against “exceed[ing] authorized access” is aimed at insiders who “ha[ve] permission to access the computer, but access[ ] information on the computer that the[y] [are] not entitled to access.” Some courts have broadly interpreted “without authorization” and “exceeds authorized access” to include acts of disloyal employees who misuse their access to corporate information.
- Agilysys contends that Hall violated the Non-Disclosure Agreement, Code of Conduct, and Business Computing Policy by emailing Agilysys’ trade secret, confidential, and proprietary information to his personal email account. The court found that Agilysys sufficiently pleaded a claim for the CFAA, which prohibits accessing a computer and obtaining information without authorization or by exceeding authorized access.
- Plaintiff has shown that it maintained sensitive information on its computers and server and that Bradshaw accessed that information and downloaded it to his personal Dropbox account. It has not demonstrated, however, that he did so without the permission or consent of Viken. Indeed, other members on Viken’s research and development team, including Dr. Rothschild, apparently had access to the files on Bradshaw’s personal Dropbox account (as shown through emails sent to and from Dr. Rothschild’s account) and former-CEO Grodzin attests that he was aware of and had no issue with Bradshaw’s use of his personal Dropbox account for that purpose. Furthermore, as explained above, plaintiff has not demonstrated a reasonable likelihood that Bradshaw used that information in a manner that was adverse to the interests of Viken or in violation of his obligations under the NDA. Accordingly, plaintiff has not met its burden of demonstrating a reasonable likelihood of success on the merits of its...
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Chapter 3. GLOBAL INTERNET JURISDICTION Part 3 12 results (showing 5 best matches)
- At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant knowingly enters into contracts involving the knowing and repeated transmission of computer files over the Internet with residents of a foreign jurisdiction, personal jurisdiction is proper. At the opposite end of the scale are situations where a defendant has simply posted information on an Internet Web site accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise personal jurisdiction. The middle ground is occupied by interactive Web sites where a user can exchange information with the host computer however the user cannot directly enter into contracts through the Internet. In these “gray area” cases, the exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that...
- At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site, which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise personal jurisdiction. The middle ground is occupied by interactive Web sites where a user can exchange information with the host computer. In these cases, the exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.
- Middle-ground cases exist in a “gray area,” and the court assesses the level of interactivity in order to determine whether the exchanges are commercial or passive. Falling into the gray area are websites where a user can exchange information with the host computer, but cannot directly enter into contracts through the Internet. In these cases, personal jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the website.
- “The middle ground is occupied by interactive Web sites where a user can exchange information with the host computer. In these cases, the [propriety of the] exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.”
- test followed a one-size-fits-all approach, for all internet disputes. But internet disputes come in many different sizes and shapes. It matters for jurisdictional purposes whether the dispute involves disparagement or breach of contract, privacy or publicity, hacking or misappropriation, copyright infringement or debt collection. The
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Index 42 results (showing 5 best matches)
- the person’s provision of material and misleading false contact information when applying for the registration of the domain name, the person’s intentional failure to maintain accurate contact information, or the person’s prior conduct indicating a pattern of such conduct;
- a disgruntled client of a law firm registered the domain name mcallisterolivariustruth.com in order to divert potential clients and others seeking information about the firm. The former client threatened to publish allegedly damaging documents about plaintiff on the website. The law firm filed an ACPA action and the court found that the safe harbor was not available to the former client reasoning:
- ...evidenced by the lack of any response to the Complaint on behalf of defendants or any other claim that defendant domain names reflect intellectual property rights; (2.) given the nature of plaintiff’s IOGAMES SPACE mark and its promotion by plaintiff and third parties, defendant domain names do not appear to reflect the legal name or names of the registrant; (3.) defendants have not engaged in bona fide noncommercial or fair use of plaintiff’s mark or a bona fide offering of any goods or services, as the websites displayed at defendant domain names display pay-per-click advertisements with content related to the legitimate IOGAMES SPACE site and services; (4.) defendants are using the domain names to divert consumers away from plaintiff’s site for commercial gain that has resulted in harm to plaintiff’s mark; (5.) defendants have supplied false contact information when registering the domain name by registering as an unknown registrant, “Domain Admin”; (6.) defendants have sought...
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 12 18 results (showing 5 best matches)
- Securing user’s privacy giving users control over the use of their personal data.
- Setting of international public policy and coordination for other Internet-related key issues, such as spam, privacy, cybersecurity and cybercrime, which are not being fully addressed by other existing intergovernmental organizations.
- The International Monetary Fund (IMF) defines civil society to include diverse voluntary organizations such as business forums, labor organizations, local community groups, as well as nongovernmental organizations (NGOs). The World Summit on the Information Society (WSIS) formed a large number of civil society caucuses, including those representing youth, gender, scientific information, media, and cities.
- Issues related to development. From these clusters, the group selected 13 issues meriting special attention in the WSIS context: administration of the root zone files and system; allocation of domain names; IP addressing; multilingualism; interconnection costs; Internet stability, security and cybercrime; spam; meaningful participation by all stakeholders in global policy development; capacity building; intellectual property; freedom of expression; data protection and privacy rights; and consumer rights. On each of them it offered some rather broadly framed recommendations that could be readily agreed in a multistakeholder setting.
- The GIC would supervise IP addresses, introduce new top level domains (TLDs), and delegate country code top-level domains (ccTLDs). Examples of ccTLDs include .us (United States) and .de (Germany). The GIC would also set public polices as to spam, privacy, cybersecurity, and cybercrime currently not addressed by other intergovernmental organizations. Most significantly, this new transnational entity would oversee all Internet public policy issues, including trade and intellectual property protection. Why eliminate ICANN’s Government Advisory Committee?
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Chapter 5. CONSUMER REGULATION IN CYBERSPACE Part 2 9 results (showing 5 best matches)
- A.G. Underwood Announces Record COPPA Settlement With Oath—Formerly AOL—For Violating Children’s Privacy
- The New York Attorney General’s Office formed New York’s Bureau of Internet and Technology (BIT) for “protecting consumers and families from new and developing online threats.” BIT has initiated enforcement leading to settlements of diverse “online and technology issues, including child safety, privacy, deceptive or illegal trade practices, consumer fraud, spyware, spam, discrimination, and free speech.
- The court ruled Movieland.com’s scheme was an unfair and deceptive method of generating online revenue. Washington is one of the few states to have an anti-spyware amendment to its computer crime statute. Washington imposes fines up to $2 million for deceptive practices such as the practice existing here. This anti-spyware statute also makes it unlawful to use deceptive means to harvest personally identifiable information or to record keystrokes made by a consumer and transfer information to a business.
- Additionally, Bombas mistakenly reintroduced the code into the website a few weeks later. The code was permanently deleted on February 8, 2015. It was determined that the intruders accessed customer information including names, addresses, and credit card information of 39,561 payment card holders—roughly 2,971 of whom were New Yorkers. Bombas LLC began notifying affected consumers in May 2018, more than three years after the company learned of the breach.
- prohibiting the companies from misrepresenting the reason for requesting a consumer’s account information.
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Chapter 6. GLOBAL INTERNET TORTS Part 8 3 results
- Cybertorts are primarily intentional torts such as defamation, the invasion of privacy, and business torts. Thus, negligence-based defenses such as contributory negligence or the assumption of risk are inapplicable. The statutory defense of Section 230 of the Communication Decency Act is the most commonly asserted defense in cybertort litigation in the past two decades.
- Section 230 of the CDA shields interactive computer services from claims that seek to treat them as the publisher or speaker of information provided by another information content provider. CDA defines “interactive computer service” as “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational systems.”
- Nevertheless, the court dismissed all claims, ruling that governmental immunity banned the law claims. He granted the defense motion for summary judgment and dismissed the case. Justice Holmes’ cogent comment, “in moving water there is life and health; in stagnant pools, decay and death,” is applicable to cybertorts. Judicial stagnation, tort reform, and Section 230 of the CDA have prevented the common law of torts from readily accommodating to the Internet. Cybertort remedies must expand in order to perform their traditional function of social control in the information age, an era in which the nature of injuries is being transformed. Even in cyberspace, tort law exists to vindicate, not veto, consumer protection.
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Chapter 7. INTERNET-RELATED PRIVACY Part 15 11 results (showing 5 best matches)
Chapter 5. CONSUMER REGULATION IN CYBERSPACE Part 10 6 results (showing 5 best matches)
- applies major provisions of Title II such as no unjust and unreasonable practices or discrimination, consumer privacy, disability access, consumer complaint and enforcement processes, and fair access to poles and conduits; and
- Internet service providers will be subject to enhanced transparency requirements and must publicly disclose, via a publicly available, easily accessible company website or through the FCC’s website, information regarding their network management practices, performance, and commercial terms of service; and
- Broadband Internet access services are reclassified as information services, and regulations imposed by the 2015 Order are vacated, including the classification of broadband Internet access services as telecommunications services subject to common carrier Title II classification; the “bright line” no blocking, no throttling, and no paid prioritization rules; and the general conduct standard.
- Congress enacted The Telecommunications Act of 1996 (TCA) as “an omnibus overhaul of the federal regulation of communications companies,” the purpose of which is to, “provide for a pro-competitive, deregulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services . . . by opening all telecommunications markets to competition.”
- the United States Supreme Court upheld the FCC’s authority to classify methods of broadband Internet access into pre-existing definitions of the TCA. In this case, the Court upheld the FCC’s classification of broadband cable Internet service as an “information service,” and the FCC’s conclusion broadband cable Internet service was not a “telecommunications service.”
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Chapter 4. INTERNET-RELATED CONTRACT LAW Part 2 8 results (showing 5 best matches)
- Some issues include data or software accuracy, quality, completeness, timeliness, responsiveness resource efficiency, metrics for measuring usage, auditing, privacy, security, interoperability, and what happens in the event of service interruption. The foremost cloud-based storage products are DropBox, Google Drive, and Apple iCloud. In cloud computing agreements, the following terms are often significant:
- Cloud computing creates new legal dilemmas such as what constitutes electronic storage, an issue key to the Electronic Communications Privacy Act.
- Security and privacy issues abound with cloud computing though Internet law has not yet evolved to address these issues.
- Neither Congress nor state legislatures have enacted new contracting law addressing cloud computing or service bureaus. This is another example of legal lag where the information technologies are evolving faster than the law. Cloud computing is a new paradigm of providing information technology services with diverse ideal types that include on-site private clouds, off-site private clouds, public clouds, or hybrids such as when a business places its website on a public cloud but retains a private cloud for its internal operations.
- In the infrastructure as a service, or IaaS, model, end users can access the service provider’s processing, storage, networks, severs, operating systems or other computing resources, which can be more convenient for many users than having to purchase their own hardware (or reduce their hardware ownership when they no longer need it). IaaS is similar to traditional information technology resources used by organizations’ IT departments and developers.
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 9 6 results (showing 5 best matches)
- ISoc works on issues such as access, privacy, Internet exchange points or hubs, children and the Internet, net neutrality, spam, domain names, and open network standards. The organization provides insurance coverage for those involved in the IETF standards-setting groups. ISoc is also a hub for other voluntary organizations:
- The IETF identifies and proposes solutions for technical problems facing the Internet such as policy, governance, and open development of standards or protocol. The IAB is engaged in developing Internet protocols to protect user privacy.
- Providing a forum for the exchange of information within the Internet community between vendors, users, researchers, agency contractors, and network managers.
- Nearly three billion Internet users are both creators of information as well as consumers. Websites, blogs, videos, tweets, can all be broadcast and accessed in the largest mass medium imaginable. Audio and video calls and conferences can be set up and received without regard to distance or cost.
- The International Federation of Human Rights (FIDH) and the French League of Human Rights (LDH) filed suit on the U.S. National Security Agency for its PRISM data collection program, as well as Internet companies such as Facebook and Skype for violating the privacy rights of French citizens.
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Chapter 3. GLOBAL INTERNET JURISDICTION 2 results
- The global Internet has raised new issues in data privacy and litigation jurisdiction such as, “How transnational data can flows and the protection of privacy be reconciled with lawful access requirements to address crime?”
- When a website is interactive, the exercise of jurisdiction is determined by examining (1) “the level of interactivity” and (2) “the commercial nature of the exchange of information that occurs on the Web site.”
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Chapter 8. Cybercrimes Part 2 15 results (showing 5 best matches)
- has not offered sufficient evidence to permit a jury to conclude beyond a reasonable doubt that complainant had a reasonable expectation of privacy in the photos she sent to Mr. Coon.
- “In 2020, the number of data breaches in the United States came in at a total of 1001 cases. Meanwhile, over the course of the same year over 155.8 million individuals were affected by data exposures—that is, accidental revelation of sensitive information due to less-than-adequate information security.” “One of the largest reported data leaks as of January 2020 was the early 2018 security breach of India’s national ID database Aadhaar, with over 1.1 billion records lost. This included biometric information such as iris and fingerprint scans which could be used to open bank accounts and receive financial aid, among other government services.”
- We agree with the State’s assertion that the privacy invasion and violation of the consent of the person depicted in revenge porn are offensive, but the viewer of the images need not know that they were disseminated without the consent of the person depicted in order to satisfy the revenge porn statute. Although the context in which images are disseminated may inform the obscenity analysis, the circumstances of their procurement and distribution fall outside of the typical obscenity assessment. For these reasons, the category of obscenity is ill-suited to include the nonconsensual pornography regulated here.
- The dark web is a hidden network of encrypted networks that providing strong privacy protections to its users so they can exchange illicit goods and services. “The dark web has emerged as an important hub of criminal commerce, a fully functional marketplace where hidden customers can buy from hidden sellers with relative confidence, often with customer ratings available, just as on the public-facing web.”
- Upwards of 80 per cent of cybercrime acts are estimated to originate in some form of organized activity, with cybercrime black markets established on a cycle of malware creation, computer infection, botnet management, harvesting of personal and financial data, data sale, and ‘cashing out’ of financial information.
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Table of Cases 12 results (showing 5 best matches)
Chapter 8. Cybercrimes Part 8 13 results (showing 5 best matches)
- Despite Solomon’s rejections, the detective continued communicating with him and encouraging him to have sex with her (“I’m very discrete Josh and my privacy means everything to me too. I just think u are hot and wouldn’t mind fucking u, but if ur not into what I got, my loss.”).
- Actors use various methods to spread disinformation about voting, such as social media platforms, texting, or peer-to-peer messaging applications on smartphones. They may provide misleading information about the time, manner, or place of voting. This can include inaccurate election dates or false claims about voting qualifications or methods, such as false information suggesting that one may vote by text, which is not allowed in any jurisdiction.
- SB 6251 is inconsistent with Section 230 of the Communications Decency Act (CDA) and therefore expressly preempted. The court reasoned that online service providers such as Backpage.com were neither publishers nor speakers of information because third party advertisers provided the information.
- Section 1028A applies when a defendant “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” during and in relation to any felony violation of certain enumerated federal offenses. Prosecutors can deploy this statutory provision against hackers that misappropriate credit card information or other personally identifiable information obtained through fraudulent emails.
- Cyber actors can change the configuration, and run commands on the devices, potentially enabling the devices to harvest sensitive information or conduct attacks against homes and businesses, or engage in digital eavesdropping;
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Table of Contents 39 results (showing 5 best matches)
Chapter 6. GLOBAL INTERNET TORTS Part 2 21 results (showing 5 best matches)
- The trial court dismissed Ogbolumani’s trespass to chattels claim and the Illinois appeals court affirmed. The court acknowledged that Ogbolumani was claiming trespass to both the physical USB drive and to his personal digital information contained on the drive. The appeals court found it unclear whether Ogbolumani based his claim on the USB drive or the digital data on it. The court held that there is no recognized cause of action in Illinois for a trespass to chattel claim based on trespass to an intangible such as digital information contained on a USB drive. Since digital information on a USB drive is not tangible property, the plaintiff had no trespass to chattels action.
- website and all data pertaining to that website, including the email database; (2.) the data stored on the SSO server located in Paris, Kentucky, which also includes contact information for customers and other dealers; and (3.) the www.SecuritySafeOutlet.com website and all data and electronic information stored within and pertaining to that website.
- The overwhelming majority of intentional cybertorts do not involve personal injury or death such as the violation of privacy, defamation, misrepresentation and the intentional infliction of emotional distress.
- To date, intentional tort actions against the person are rarely asserted other than defamation, privacy, and fraud.
- , invasion of privacy, intentional infliction of emotional distress, and negligent infliction of emotional distress. Discovery closed on August 31, 2018. . . The court denied Jones-Soderman’s motion to dismiss these claims. The court found that Powell’s claim for intentional infliction of emotional distress could succeed because the conduct alleged in the complaint is “extreme and outrageous” as a matter of law. To succeed on a tort of outrage claim the plaintiff must prove by a preponderance of the evidence:
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- [T]he likelihood that personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and quality of commercial activity that an entity conducts over the Internet. This sliding scale is consistent with well-developed personal jurisdiction principles. At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise of personal jurisdiction. The middle ground is occupied by interactive Web sites where a user can exchange
- ‘At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested in it is not grounds for the exercise [of] personal jurisdiction. The middle ground is occupied by interactive Web sites where a user can exchange information with the host computer. In these cases, the exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.’
- Merely posting information on the Internet “is not sufficient by itself to ‘subject that person to personal jurisdiction in each State in which the information is accessed.’ Otherwise, a ‘person placing information on the Internet would be subject to personal jurisdiction in every State,’ and the traditional due process principles governing a State’s jurisdiction over persons outside of its borders would be subverted.”
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Chapter 2. PERSPECTIVES ON GLOBAL INTERNET LAW Part 3 10 results (showing 5 best matches)
- First, anyone with a computer and Internet access can create a message, while the costs of production have dramatically decreased in the digital age. Second, the message network of the Internet enables global and real-time transmission of information at marginal costs close to zero. Third, the Internet leads to an unprecedented level of access both to information infrastructure and to content. Fourth, the Internet has shaped what users do with information. These four shifts have in turn permitted the emergence of new businesses and business models: Wikipedia and MySpace illustrate the power of user-created content. Grokster and iTunes are two examples of distribution.
- “The first move, in the making for more than a century, is to an economy centered on information (financial services, accounting, software, science) cultural (films, music) production, and the manipulation of symbols (from making sneakers to branding them and manufacturing the cultural significance of the Swoosh).”
- In a durable goods-based economy, there is a constant push for investment in physical capital. By contrast, the information age economy allows larger proportions of the population to control the means of intellectual capital production.
- Benkler’s concept of peer production argues that one class does not own today’s means of production. He argues that a greater segment of the population currently accesses and controls the Internet, and other information-based means of production. Under industrial capitalism, the means of production is in the hands of the bourgeoisie or the wealthy class. In a durable goods-based economy, there is a constant push for investment in physical capital. In contrast, the information age economy allows larger proportions of the population to control the means of intellectual capital production.
- Yochai Benkler describes a networked information economy where Karl Marx’s sharp division between workers and bourgeoisie is increasingly becoming an obsolete dichotomy. Marx predicted class conflict between the bourgeoisie, who controlled the means of production, and the proletariat, who were wage slaves. Benkler sees the rise of the Internet as democratizing the means of production, because it lowers the cost of the means of production.
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Chapter 1. OVERVIEW OF THE GLOBAL INTERNET Part 5 19 results (showing 5 best matches)
- The nature of that space, how we use it, how we access it, and how it appears on a computer, depends on a variety of protocols. A protocol a formalized method of transmitting or communicating information over the Internet. The basic protocol used to transmit information, TCP/IP, dictates the basic structures used to arrange and transmit information. Overlying protocols such as FTP (file transfer protocol) and HTTP (hypertext transmission protocol), are designed to support different functionality over the Internet. In other words, they allow us to use the Internet in different, constructive ways. For example, FTP is used for copying a file from one computer to another. HTTP is used to transfer information in HTML coded web pages. The protocol makes the World Wide Web possible. Standardized protocols enable companies to design server software and client software that can communicate with each other universally, creating the communication networks, including email, web pages, and other...
- “Packets are the fundamental unit of information transport in all modern computer networks, and increasingly in other communications networks as well.” Each packet has routing information enabling it to reach its destination.
- While they are closely linked, they are very different systems. The Internet is a huge network of computers all connected together. The World Wide Web (‘www’ or ‘web’ for short) is a collection of webpages found on this network of computers. The Web is a means of accessing information using HTTP protocol.
- XML is an acronym for Extensible or (Xtensible Markup Language). XML can be described as a metalanguage that enables a general availability and interchange of information that is structured according to its content. XML is a subset or child of (SGML) ‘Standard Generalized Markup Language’ the mother of all languages.
- XML is a metalanguage “to describe and generate other language markup that are interoperable with any kind of application in various presentation for different target groups and purposes. Given its flexibility, it is perfectly suited for marking up information of any kind.”
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- The lawsuit alleges the Hydra Group uses information bought from online lead generators to access consumers’ checking accounts to illegally deposit payday loans and withdraw fees without consent. The Hydra Group then uses falsified loan documents to claim the consumers had agreed to the phony online payday loans. At the request of the CFPB, a U.S. District Court Judge has temporarily ordered a halt to the operation and frozen its assets. The lawsuit also seeks to return the ill-gotten gains to consumers and levy a fine on the company. Consumers’ trouble would begin after submitting sensitive, personal financial information to online lead generators that match consumers with payday lenders. These lead generators then auction off the consumers’ information to firms that make payday loans. In some cases, they sell large volumes of leads to data brokers that then re-sell them to lenders. The Hydra Group buys this information, uses it to access consumers’ checking accounts to deposit...
- Defendants, operating through a maze of interrelated companies, use consumer financial information they purchase from third parties to originate online payday loans without consumers’ consent. Defendants deposit the payday loans into consumers’ bank accounts without their authorization, and then use misrepresentations and false documents to further convince these consumers that they agreed to these phony online payday loans. Defendants then use these purported loans as a basis to make repeated, unauthorized withdrawals from consumers’ bank accounts. In some cases, Defendants have bilked consumers out of thousands of dollars in “finance charges” for a $200 or $300 loan the consumer never agreed to.
- In 2018, the CFPB conducted an investigation of the Equifax security breach that compromised the personal information of 143 million consumers.
- ...job placement rates; the Bureau alleges that these representations were exaggerated and were based on incomplete information. The Bureau utilized “mystery shoppers”—young men or women presenting themselves as prospective students—who reported that ITT staff made exaggerated claims about student success, such as that graduates with associates’ degrees “usually make six figures.” In contrast to these claims, ITT’s annual disclosures in 2012 indicated that “reported annualized salaries initially following graduation averaged approximately $32,061 for the Employable Graduates in 2011.” The Bureau alleges that ITT also misleadingly represented to prospective students that its “national accreditation” placed it on par with other major educational institutions. In fact, while a “national” accreditation sounds authoritative, most non-profit colleges and universities are “regionally” accredited; such institutions accept transfer credits from for-profit schools like ITT only on a case-by...
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Chapter 1. OVERVIEW OF THE GLOBAL INTERNET 7 results (showing 5 best matches)
- The Internet enables remote learning and work during the coronavirus pandemic. “Meetings are happening on Zoom, Google Hangouts and Microsoft Teams. The rush to these services, however, has brought new scrutiny on privacy practices.”
- The development of new data architecture creates new issues regarding privacy. Chapter 4 will explore cloud-contracting issues in depth and other chapters will address the impact of software as a service (SaaS) on other substantive fields of internet Law.
- The W3 “is the universe of network-accessible information, the embodiment of human knowledge. The World Wide Web began as a networked information project at CERN, where Tim Berners-Lee, now Director of the World Wide Web Consortium [W3C], developed a vision of the project.”
- The domain name system (DNS) protocol replaces strings of numbers with easier to remember words. The TCP/IP protocol is the most widely used communication system within the internet, evolving as a necessary infrastructure to enable file transfers, email, remote terminal access, and other vital essential tools of the World Wide Web. Service providers collect IP addresses for administrative purposes to improve system performance. The internet is a unique space with a physical network that is information-based:
- Many data and cloud-computing servicers store customer data on servers around the globe. If a hacker in Seattle breaches his next-door neighbor’s Gmail account, that information could be on a server in Oregon or one in Finland. It makes sense that the CFAA (Computer Fraud and Abuse Act) extends protection to computers outside the United States.
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Chapter 10. COPYRIGHTED WORKS IN CYBERSPACE Part 4 22 results (showing 5 best matches)
- Although published versions of the proposal don’t explicitly require companies to adopt automatic filtering technology, critics argue that placing responsibility for policing content on platforms amounts to a de facto requirement for filters. Although the rules would only apply inside the EU, it’s possible that companies would apply filters globally, just as some companies are complying with EU privacy regulations even outside of Europe.
- ACTA negotiations did not include stakeholders from civil society, and the U.S. Trade Representative required that information industry stakeholders sign nondisclosure agreements (NDAs). NDA signatories include information industry moguls including Google, Dell, Intel, Business Software Alliance, Rupert Murdoch’s News Corporation, Sony Pictures, Time Warner, the Motion Picture Association of America, and Verizon. In March of 2012, the European Parliament voted to refer ACTA to the European Court of Justice, which stalled ratification for Eurozone countries.
- Copyright systems also provide for procedures and remedies against infringements of copyright (enforcement). These have been partly harmonised at EU level (e.g. evidence-gathering powers for judicial authorities, powers to force parties commercially involved in an infringement to provide information on the origin of the infringing goods, provisions on the payment of damages).
- The transparency obligations imposed on their contractual counterparties would provide creators with the information necessary to assess whether their remuneration is appropriate and with the legal means to request, where necessary, adjustment of the remuneration (contract adjustment mechanism).
- text and data mining’ means any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns, trends and correlations.
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Chapter 6. GLOBAL INTERNET TORTS Part 7 16 results (showing 5 best matches)
- that NHTSA would be responsible for anything that impacts the safe operation of vehicles, while the Federal Trade Commission would be responsible for privacy issues. He described cyber vulnerabilities as a “dynamic and evolving threat” but said NHTSA would treat software problems the same as hardware issues and could recall vehicles for software vulnerabilities, as it did in 2015 with the recall of 1.4 million vehicles.
- “Autonomous vehicles use a combination of ‘cameras, radar systems, lasers (for example, LIDAR), and Global Positioning System (GPS) units’ to gather information about the environment and make decisions about when and how to steer, accelerate, and brake.” “RoboSense Lidar has been designed and developed under the roadside perception needs of the V2I system, which enables autonomous vehicles to sense every traffic participant, ensuring traffic safety and efficiency, as well as information services applications.”
- capable of sensing its environment and moving safely with little or no human input. Self-driving cars combine a variety of sensors to perceive their surroundings, such as radar. Advanced control systems interpret sensory information to identify appropriate navigation paths, as well as obstacles and relevant signage.
- As with any other hacking scenario, hacking into an autonomous car could expose much of your personal data—including your destination. With this information, someone could track the user with an aim toward robbery or assault. If hackers can gain access to the controls of the vehicle, it could also be possible to redirect the vehicle to a more convenient location for either scenario.
- In contrast to traditional products liability, autonomous vehicle cases will involve fewer injuries and deaths, but new risks due to connected vehicles. New risks arise from “automated control, information, entertainment and navigation systems and smart connectivity features (such as Bluetooth and Wi-Fi) are soft targets for hackers wanting to sell information to competitors, and compromising vehicle control in order to obtain ransoms.”
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Chapter 12. TRADE SECRETS IN CYBERSPACE 6 results (showing 5 best matches)
- The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. While a final determination of what information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence.
- Information technology companies are vulnerable to trade secret theft due to the widespread use of consultants and contractors, as well as an increase in outsourcing. In 2019, General Electric Co. filed suit against “Uptake Technologies Inc. over what it calls a “ruthless scheme” to steal employees and trade secrets. Uptake has been seeking access to GE Digital’s proprietary information and customers since last year, when the startup tried unsuccessfully to arrange a business deal with the manufacturer.”
- A trade secret owner must employ reasonable methods to keep the valuable information secret:
- Acquiring trade secret protection is very different from acquiring a patent or a trademark. Companies do not apply for or register a trade secret. Instead, they receive trade secret protection by taking affirmative steps to keep the information truly secret.
- information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
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- In early 2018, the Judicial Panel consolidated all cases in an MDL. The plaintiff’s consumer law causes of action were based upon the claim Apple made misrepresentations or concealed information about the characteristics of Plaintiffs’ iPhones and the nature of the iOS updates. The court stated the plaintiff’s consumer protection claims “centrally focus on allegations Apple made misrepresentations or concealed information about the characteristics of Plaintiffs’ iPhones and the nature of the iOS updates.”
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- Shortly after the attack, users of a 4Chan.org forum (the “/pol/” or “Political Incorrect” forum, to be specific) searched vehicle records for the Dodge Challenger. 4Chan users found public records indicating that the car was, at one point, owned by Plaintiff Jerome Vangheluwe. (ECF No. 50, PageID.936.) A reporter for Defendant GotNews, LLC somehow obtained the information from the 4Chan.org board. And with the name Jerome Vangheluwe in hand, the GotNews reporter located the social media pages of Jerome’s then 20-year-old son, Plaintiff Joel Vangheluwe. Based on the information gathered (or, from the Vangheluwes’ perspective, lack of information gathered), GotNews identified Joel Vangheluwe as the person who had just killed one and injured 19 in Charlottesville.
- as the practice involving “using the Internet to source out and collect someone’s personal and private information and then publicly releasing that information online.”. The “goal of doxxing is typically retribution, harassment or humiliation.” Indeed, Jerome and Joel allege, “Defendants created and participated in a doxing campaign specifically targeted at Michigan citizens, with a call to action in Michigan with the goal of inciting violence against and endangering them in Michigan.
- The mere existence of a website that is visible in a forum and that gives information about a company and its products is not enough, by itself, to subject a defendant to personal jurisdiction.” . . .VLG’s allegedly infringing website appears not to have mentioned Florida and not to have included a mechanism to allow a customer in Florida to buy a VLG product, either of which might suggest that VLG targeted Florida through the website. found that retaliating or harassing a person through “doxing,” or dropping documents that disclose personal information, would create minimum contacts.
- ...VIN. As for the three defendants who have filed motions challenging jurisdiction, each tweeted about Jerome, Joel, or the GotNews article. Defendant Lita Coulthart-Villanueva tweeted the following (with the address information redacted by the Court): “Killer confirmed. Jerome Vangheluwe[,] [XXXX] Rd, [XXXX] TWP MI 480[XX,] 2010 Dodge Challenger VIN #: . . .” (Defendant Richard Weikart tweeted: “Joel Vangheluwe from Romeo, Michigan Car OHIO LICENSE PLATE # GVF 1111 2010 GRAY DODGE CHALLENGER #Charlottesville was the attacker . . .” And Defendant Paul Nehlen tweeted a link to the GotNews article. The tweet included the title of the article, “BREAKING: #Charlottesville Car Terrorist Is Anti-Trump, Open Borders Druggie. While James Alex Fields Jr. was actually driving the Dodge Challenger that Jerome had sold years earlier, the Vangheluwe family was busy hosting a wedding for a family member at their home in Michigan. “During that wedding the Vangheluwes’ social media, emails, and...
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Chapter 3. GLOBAL INTERNET JURISDICTION Part 8 9 results (showing 5 best matches)
- As companies use the border-defying Internet, they will increasingly become subject to foreign procedural and substantive law. Foreign websites, if they target U.S. users may be subject to personal jurisdiction in state and federal courts. The next chapter examines how parties structure contracts in an online legal environment. In our information-based economy, the licensing of software and other digital information is rapidly displacing sales and leases.
- The global Internet has raised new questions for data and jurisdiction such as, “How can transnational data flows and the protection of privacy be reconciled with lawful access requirements to address crime?”
- National Information and Online Forms Concerning Regulation No. 1215/2012
- European Commission, Brussels I Regulation (recast), National Information and Online Forms Concerning Regulation, No. 1215/2012,
- As businesses use the border-defying Internet, they will increasingly become subject to foreign procedural and substantive law. Accordingly, the U.S. business community needs legal audits for its websites sales and services whenever it targets European consumers. Further, websites that collect personally identifiable information need to comply with the Data Protection Directive even if they are not physically located in Europe.
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- Some technical background is necessary to explain framing. Webpages consist of data. This data is stored on computers. When a user instructs her web browser to access a webpage, the web-browser software interprets code stored on the computer that stores the website’s data and displays the information as a webpage. But a webpage can include code that instructs the web browser to retrieve code from another computer and to display that information at the same time as information retrieved from the first computer. In such a situation, the user would see the website she has visited framing the content the website instructed the web browser to retrieve from the other computer. The facts of this case illustrate framing. The defendants have alleged, and the plaintiffs do not dispute, that when a user visited one of TLI’s websites, TLI’s website instructed the user’s browser to display Magnovo’s website under TLI’s web address. Thus, TLI’s content framed Magnovo’s.
- The image was “framed” by information from Google’s webpage on the user’s screen.
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- “Edge computing is a computing topology in which information processing and content collection and delivery are placed closer to the sources, repositories, and consumers of this information. It tries to keep the traffic and processing local to reduce latency, exploit the capabilities of the edge, and enable greater autonomy at the edge.”
- Full record and Data available—Records and origins of data are all stored on the blockchain, thus eliminates asymmetric information.
- ...smart contract from the on-chain world into the smart contract information store. If implemented correctly, smart contracts could provide transaction security superior to traditional contract law, thereby reducing coordination costs of auditing and enforcement of such agreements. They can track the performance of the agreement in real-time and can, therefore, save costs, as compliance and controlling happens on the fly. Smart contracts reduce the transaction costs of agreements by orders of magnitude; specifically, they reduce the costs of (I) reaching an agreement, (II) formalization, and (III) enforcement. Smart contracts also bypass the so-called principal-agent dilemma of organizations, providing more transparency and accountability, and less bureaucracy (read more: Part 2—Institutional Economics of DAOs). The term “smart contract” itself is a bit unfortunate, since smart contracts are neither particularly smart nor are they to be confused with a legal contract: (I) A...
- How can a court determine user assent when contracts are entered through IoT devices? Can IoT devices adequately protect users and their information?
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Chapter 6. GLOBAL INTERNET TORTS Part 6 4 results
- It will be for the courts or legislature to determine whether strict liability applies to the Internet of Things. “In addition to products liability risks, the IoT raises new privacy and security issues.”
- Information as Defective Products
- Plaintiffs argue that the email should have informed customers of the actions Amazon had already taken in response to hoverboard safety concerns. Plaintiffs also argue that the email should have informed customers that: the “safety issues” were the risks of “fire” and “explosion,” or that some hoverboards had burst into flames while in use; some of the 17 fire and explosion incidents involving hoverboards had caused significant damage to customers’ homes. . . .Amazon was specifically concerned that the hoverboard fires and explosions might have been indicative of a problem across Chinese manufacturing; Amazon’s source of concern was a “deep dive” internal investigation; and Amazon had multiple additional sources of information other than news reports. Hoverboard refunds were limited to nineteen percent (19%) despite the risk of fires and explosions.
- Defense Distributed sought to post information on how to create 3D firearms on the Internet:
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Chapter 11. TRADEMARKS ON THE GLOBAL INTERNET Part 7 8 results (showing 5 best matches)
- a number of its webpages included some identical or very similar content to the Plaintiff’s webpages. This information included the title, description and keyword meta tags, and the terms ‘red tag vacations’ and ‘shop, compare and payless’. The content was not visible to customers visiting 411 Travel Buys’ website, and was located only in the webpage’s metadata.
- “The Trademark Electronic Business Center on the USPTO website contains all the information needed for the entire registration process. A customer may search the Trademark database for conflicting marks using the Trademark Electronic Search System (TESS), file applications and other trademark documents online using the Trademark Electronic Application System (TEAS), check the status of applications and registrations and view and print images of the contents of trademark application and registration records through the Trademark Status and Document Retrieval (TSDR) portal at
- Peter K. Yu, Intellectual Property and Information Wealth: Trademark and Unfair Competition
- Uniform Domain-Name Dispute-Resolution Policy, General Information
- The defendant, 411 Travel Buys Limited, also had an online presence in the travel business “offering information to customers through its website, and the availability of agents over the phone to create bookings for travel and travel-related services. It also caters primarily to the Canadian market.”
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- To help foster the deployment of Internationalised Domain Names (IDNs), a repository of “IDN tables” which document the permissable characters for different languages and scripts provided for registration by different top-level domain registries. The repository is informative, and designed for information sharing.
- “Eric Schmidt, Executive Chairman of Google, has stated we are creating the equivalent amount of information every other day as all of humanity created from the beginning of recorded history to 2003, and this is in large part enabled by the World Wide Web.”
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- that compiling information alone without a minimum of original creativity did not satisfy the originality element of the U.S. Copyright Act. Nevertheless, if a data compilation has a “minimal degree of creativity,” to satisfy originality, copyright protection may be available. Feist had copied information from Rural’s white page telephone listings, and Rural sued for copyright infringement. The Court rejected Rural’s “sweat of the brow” argument finding that there was no infringement since Rural had no copyright in the telephone white databases. The European Union, on the other hand, follows a “sweat of the brow” approach giving databases protection in cases that are unprotectable by U.S. copyright law.
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- —technological method that measures and analyzes unique human characteristics, such as fingerprints, eye retinas and irises, voice and facial patterns, and hand measurements. The devices consist of a reader or sensor, and software that convert the received information into a digital form, and a database that stores the individual’s known biometric data;
- The federal statute treats electronic signatures the same as pen-and-ink signatures and records the same as legally required writings. The E-Sign Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing, if the consumer has affirmatively consented to such use and has not withdrawn such consent.
- The consent rule also gives consumers a prescribed method for withdrawing consent. Consumer disclosures are required if an electronic record is substituted for a paper-based record. Consumers may not be compelled to use electronic contracting and must consent to this method of entering into contracts. Section 101(c)(1)(C)(ii) states that a consumer’s consent to receive electronic records is valid only if the consumer consents electronically or confirms his or her consent electronically. The consumer’s consent must demonstrate that the consumer can access the information that is the subject of the consent. Section 101(c) gives consumers the right to demand that sellers or services providers make a record available on paper or in another electronic form.
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Chapter 9. CONTENT REGULATION ON THE INTERNET Part 7 8 results (showing 5 best matches)
- make available to the content provider information on the removal or disabling of access to terrorist content. 2. Upon request of the content provider, the hosting service provider shall inform the content provider about the reasons for the removal or disabling of access and possibilities to contest the decision. 3. The obligation pursuant to paragraphs 1 and 2 shall not apply where the competent authority decides that there should be no disclosure for reasons of public security, such as the prevention, investigation, detection and prosecution of terrorist offences, for as long as necessary, but not exceeding [four] weeks from that decision. In such a case, the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content.
- Article 2 defines key terms including terrorist content that means one or more of the following information:
- Article 2 provides definitions of terms used in the proposal. It also establishes a definition of terrorist content for preventative purposes drawing on the Directive on Combating Terrorism to capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group.
- Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, against the dissemination of terrorist content and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non-discriminatory manner, and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society. 2. Hosting service providers shall include in their terms and conditions, and apply, provisions to prevent the dissemination of terrorist content.
- The United Kingdom’s 2018 Counter-terrorism and Border Security bill made it a crime to view terrorist-related material online three or more times, with a penalty of up to 15 years in prison. In 2019, Britain proposed new content regulations “to combat the spread of violent and extremist content, false information and harmful material aimed at children.”
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- No single entity—academic, corporate, governmental, or non-profit—administers the Internet. It exists and functions because of the fact that hundreds of thousands of separate operators of computers and computer networks independently decided to use common data transfer protocols to exchange communications and information with other computers, which in turn exchange communications and information with still other computers.
- The term “Internet Protocol address” refers to a numerical label that is assigned to each device that participates in a computer network that uses the Internet Protocol for communication. An Internet Protocol address (IP address) is a unique 32-bit numeric address, written as numerals separated by periods, identifying each sender or receiver of information traveling across the Internet.
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- The cybercriminal, masquerading as Baidu’s agent, requested a change of its email address in an online chat with Register.com’s service representative. The Baidu service representative asked the intruder to provide security information and the intruder gave the incorrect answer. Nevertheless, the Register.com representative gave the intruder information that enabled him to gain unauthorized access to Baidu’s account. The hacker rerouted Internet traffic intended for Baidu to a web page displaying an Iranian flag and a broken Star of David proclaiming: “This site has been hacked by the Iranian Cyber Army.” The hijacking of the Baidu website diverted Internet traffic for approximately five hours.
- court found that Register.com was neither registering a domain name or maintaining it when it gave the intruder unauthorized information enabled it to control Baidu’s website. Nevertheless, the court held that Register.com was not secondarily liable for trademark infringement.
- a domain name registrar was liable under a theory of negligent enablement. Baidu filed a lawsuit for trademark infringement, breach of contract, and gross negligence against Register.com, a domain name registry, for negligent security in enabling a cyberattack on its website. “Baidu, Inc. provides Chinese and Japanese language Internet search services,” that enables Internet users to locate online information such as, “Web pages, news, images, multimedia files, and blogs through the links provided on its websites.”
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Chapter 1. OVERVIEW OF THE GLOBAL INTERNET Part 3 9 results (showing 5 best matches)
- These disclosures also support innovation, investment, and competition by ensuring that entrepreneurs and other small businesses have the technical information necessary to create and maintain online content, applications, services, and devices.
- The FCC will review informal complaints concerning the compliance of Internet service providers (ISPs) with the disclosure obligations set forth in the new transparency rule. Those obligations include publicly providing information concerning an ISP’s practices with respect to blocking, throttling, paid prioritization, and congestion management. Should an ISP fail to make the required disclosures—either in whole or in part—the FCC will take enforcement action.
- A critical part of Internet openness involves Internet service providers being transparent about their business practices. That is why the FCC has imposed enhanced transparency requirements. Internet service providers must publicly disclose information regarding their network management practices, performance, and commercial terms of service. These disclosures must be made via a publicly available, easily accessible company website or through the FCC’s website. This will discourage harmful practices and help regulators target any problematic conduct.
- Beginning in 1981, Network Solutions, Inc. (NSI) operated the domain name registry under a sub-contract with the U.S. Defense Information Systems Agency (DISA). From 1981 to 1992, NSI registered domain names in .com, .org, .mil, .gov, .edu and .net for no charge. In 1998, the Internet Corporation for Assigned Names and Numbers (ICANN) assumed control of the “domain name system” (DNS).
- NSI administered the domain name registry under a sub-contract with the U.S. Defense Information Systems Agency (DISA). The Internet Corporation for Assigned Names and Numbers (ICANN) currently controls the “domain name system” (DNS). “In Q3 2018 there were 342 million domain names registered across all top-level domains (TLDs).”
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- Public Domain Information
- The search function “augments public knowledge by making available information about Plaintiffs’ books without providing the public with a substantial substitute.”
- Copyright law does not encompass public domain information. The Fifth Circuit held that a code writing organization could not prevent a website operator from posting the text of a city’s model building code. The court concluded that the model building code was in the public domain and not protected by copyright, notwithstanding a software licensing agreement and a copyright notice prohibiting copying and distribution. The federal appeals court held that when the operator copied only “the law” which he obtained from the organization’s publication, and when he reprinted only “the law” of those municipalities, he did not infringe the organization’s copyrights in its model building codes. The court reasoned the operator was posting laws on his website with precisely the form adopted by the municipalities.
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Chapter 6. GLOBAL INTERNET TORTS Part 3 3 results
- an information provider of construction project news filed suit against a McGraw-Hill subsidiary, charging that it misappropriated trade secrets by masquerading as customers. Reed charged the McGraw-Hill subsidiary with surreptitiously accessing its database service and using that access to generate false or misleading product comparisons that it distributed to provider’s prospective customers. Reed’s complaint cited multiple counts of misconduct by Dodge, an employee of McGraw-Hill, including fraud; misappropriation of trade secrets; misappropriation of confidential information; unfair competition; tortious interference with prospective economic advantage; violation of New York’s general business law; violation of the RICO Act; RICO conspiracy; monopolization; attempted monopolization; and unjust enrichment.
- “Interference with contract” is a tort action for a defendant that convinces a party to breach their contract with the plaintiff or makes it impossible for the plaintiff to carry out its contractual obligations. Like the tort of trade libel, interference with prospective economic advantage requires false statements of fact. A person cannot incur liability for interfering with contractual or economic relations by giving truthful information to a third party.
- the owner of the “Yelp” trademark, used in conjunction with Internet website featuring information about local businesses nationwide, filed suit against registered user of the site who had offered to create paid reviews of businesses to post on the “Yelp” website. Yelp contended that this offer was in violation of the site’s terms of service constituting trademark infringement, unfair competition, dilution of a famous mark, and cybersquatting, in violation of Lanham Act, as well as the state law torts of unfair competition, false advertising, breach of contract, and intentional interference. The court summarized Yelp’s interference with contract claim as follows:
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- Post or encourage others to post on the Internet private, personal, or sexual information pertaining to a minor.
- This central inquiry determines the level of scrutiny we apply here. Content based speech regulations must satisfy strict scrutiny. Such restrictions are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. In contrast, content neutral measures . . . are subjected to a less demanding but still rigorous form of intermediate scrutiny. The government must prove that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.
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- These disclosures also support innovation, investment, and competition by ensuring entrepreneurs and other small businesses have the technical information necessary to create and maintain online content, applications, services, or devices.
- A critical part of Internet openness involves the transparency of Internet service providers in their business practices. To combat this issue, the FCC has imposed enhanced transparency requirements. Internet service providers must publicly disclose information regarding their network management practices, performance, and commercial terms of service. These disclosures must be made through a publicly available, easily accessible company website, or through the FCC’s website. This public disclosure requirement will discourage harmful practices and help regulators target any problematic conduct.
- The FCC will review informal complaints concerning the compliance of Internet service providers (ISPs) with the disclosure obligations set forth in the new transparency rule. Those obligations include publicly providing information concerning an ISP’s practices with respect to blocking, throttling, paid prioritization, and congestion management. Should an ISP fail to make the required disclosures—either in whole or in part—the FCC will take enforcement action.
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- While Armstrong was using the term to refer to plaintiff’s company, the Court does not find the record supports the finding that such use was likely to cause confusion among consumers in light of all of the surrounding information that identified Armstrong Steel as the source of the website and distinguished Armstrong Steel from General Steel.
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- In case of a dispute involving a domain name registered in a ccTLD, the UDRP Administrative Procedure can also be used, provided that the concerned ccTLD registration authority adopted the UDRP Policy on a voluntary basis. This information is contained in the overview of all ccTLDs for which WIPO provides dispute resolution services.
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- This chapter begins with a discussion of licensing which is the principal method of contract formation on the Internet. Next, this chapter focuses on the concepts and methods of mass market licensing, the chief means of transferring value in an information-based economy. The discussion includes the evolution of wrap contracts from shrinkwrap agreements in the 1980s to clickwraps, browsewraps, installwraps, and scrollwraps in the last decade. Third, the chapter assesses wrap contracts, rolling contracts, mass market licenses, and statutory developments, which aim to recognize e-contracting. This includes reviewing the Uniform Electronic Transactions Act, and E-Sign. Fourth, the chapter examines the two leading sources of U.S. licensing law, the Uniform Law Commission’s Computer Information Transaction Act and the American Law Institute’s Principles of the Law of Software Contracts. Cloud Computing Service Level Agreements, contracts of the future, and global contract issues round out...
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- a method of buying or selling something (including goods and services) over the Internet. Examples include so-called electronic shopping carts; Web sites that employ auction-like techniques to sell goods; and computer screen designs that make it easier to transact business on the Internet. The term “Internet patent” is sometimes used to refer more generally to patents that involve anything on the Internet, and can cover methods of transmitting information over the Internet; data compression techniques; and encryption methods.
- Today America’s information-based economy is increasingly built on a foundation of patents defined as limited duration property rights “relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.”
- “Internet patents, also called business method patents, offer protection for conducting online business in a particular way. They may refer to software, data storage, communication, and information processing, as well as various other applications.”
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- Consumer law lags behind rapidly evolving global information technologies. Telecommunication regulations were originally devised for landlines, providers of wireless telephone, cable television, and land-based or wireless Internet services. In the age of the Internet, telecommunication regulations must be updated to account for companies offering converging technologies including telephone and Internet “bundling.” For example, EBay is subject to jurisdiction in all U.S. states and many foreign jurisdictions. EBay notes that U.S. states and foreign governments are seeking to impose regulations on their users:
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- This chapter focuses on the regulation of Internet content. This chapter covers U.S. content regulation but also has examples of Internet content from many other countries. Authoritarian governments control the Internet to quell dissent. Democratic countries are enacting Internet regulations to control the spread of hatred on the Internet. In April of 2019, the United Kingdom “proposed sweeping new government powers to regulate the Internet to combat the spread of violent and extremist content, false information and harmful material aimed at children.”
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- (Jan. 15, 2015) (Fordham Law School: Center on Law and Information Policy).
- America’s information-based economy is increasingly built on a foundation of patents defined as limited duration property rights. An estimated 11,000 patents cover Internet-related business methods.
- Blue Diamond products includes this code that permits a smartphone scan of information such as recipes.
- Global Internet Law must become a moving stream rather than a stagnant pool, evolving to meet the new risks and dangers in the twenty-first century’s age of information. Travelers on the World Wide Web require uniform procedural and substantive remedies for cross-border civil wrongs. Similarly, the international business community will be handicapped if it is subject multiple conflicting procedural and substantive ground rules. Further harmonization between the radically different legal cultures connected to the Internet is essential to surmount the growing substantive and procedural barriers to cross-border Internet-related litigation.
- “Internet patents, also called business method patents, offer protection for conducting online business in a particular way. They may refer to software, data storage, communication, and information processing, as well as various other applications.”
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- Cloud computing raises new concerns for copyright owners seeking to protect content from being illegally shared by mobile users. Cloud computing enables copyrighted works to be illegally transmitted and distributed as never before. Myxer.com, for example, is a cloud service allowing users to upload sound files and create ringtones, which they can then download and send to their phones. Cloud computing raises new copyright issues. The U.S. Supreme Court predicted that copyright issues would soon arise in cloud computing and other new information technologies:
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- The first federal copyright statute was enacted in 1790 and covered maps, charts and books. This statute granted to authors and proprietors a term of 14 years with the privilege of renewal for a second term of 14 years. There were general revisions of the copyright law in 1831, 1870 and 1909. The law under which we have been operating for the past 68 years is the Act of March 4, 1909. This act is based on the printing press as the prime disseminator of information. Significant changes in technology have resulted in a wide range of new communications techniques that were unknown in 1909—for example, radio, television, communications satellites, cable television, computers, photocopying machines, videotape recorders, etc., and there are promises of even greater changes in the future. This growth in technology made revision of the Act of 1909 imperative.
- Copyright law has a continuing vitality with the new information technologies because computer software is copyrightable whether in object or source code form. In the 1970s, software was largely protected by trade secrets because of uncertainty whether code was copyrightable. Nevertheless, the U.S. Copyright Act of 1976 classified computer software as a “literary work” subject to copyright so long as it met the criteria of qualifying as an original work of authorship fixed in any tangible medium of expression. “For original computer programs . . . copyright automatically inheres in the work at the moment it is created without regard to whether it is registered.”
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- The ALI approved the Principles in 2009 as “soft law” as opposed to UCITA, which was a stand-alone statute addressing software and other information transfers. The Principles of the Law of Software Contracts is a project aimed at all software contracts entered into for consideration, whether structured as licenses, transfers, assignments, or sales. The Restatement-like Principles address legal issues for transferring software for consideration, whether by lease, license or sale.
- “Further, the near demise of the Uniform Computer Information Transactions Act (UCITA) and the vague scope provision of amended
- Open source distributes software in source code enables a community of collaborators to share improvements. Open source movement has changed the meaning of property in the information-based economy: “Property in open source is configured fundamentally around the right to distribute, not the right to exclude.”
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- Now, a world without the Internet is unimaginable. Connecting billions of people worldwide, the Internet is a core pillar of the modern information society. The global online penetration rate is 57 percent, with North America and Northern Europe both ranking first with a 95 percent Internet penetration rate among the population. The countries with the highest Internet penetration rate worldwide are the UAE, Iceland, Norway, Qatar, Bermuda, Andorra and Aruba with a 99 percent online usage rate. At the opposite end of the spectrum is North Korea with only 0.08 percent online usage penetration among the population, ranking last worldwide.
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- Meta tags are hypertext markup language tags that provide information describing the content of the web pages that are read by search engines. “Web publishers can include trademarks in their “keyword meta tags,” which are index terms readable by a search engine.”
- Brookfield Communications (Brookfield) was an information content provider for the entertainment industry had developed a database about movies and registered the trademark “Moviebuff.” West Coast utilized terms similar to Brookfield’s trademark in its meta tags and invisible code.
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- The first page of every patent gives general information such as the inventor’s name, the attorney’s name, and priority date. A patent application will typically include (1.) a specification, (2.) a drawing, and (3.) an oath by the applicant. Every patent begins with a short title of the invention. The specifications are “a written description of the invention, and of the manner and process of making it and using it, in such full, clear, concise, and exact terms . . . to make and use the same.” The specification concludes with “one or more claims particularly pointing out and distinctly claiming the subject matter, which the applicant regards as his invention.” Claims may be drafted as independent claims, dependent claims and multiple dependent claims.
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- Chinese citizens’ risk of being detained or imprisoned for accessing or sharing information online has increased considerably. During the past year alone, several new categories of individuals were targeted with legal and extralegal reprisals for their online activity. These included users of Twitter, which is blocked \in China but still accessible via circumvention tools such as virtual private networks (VPNs). Numerous Twitter users were harassed, detained, interrogated by police, and forced to delete their past posts. Some users and sellers of VPNs faced similar reprisals, although on a smaller scale.
- “Tencent Holdings Ltd.’s messaging app WeChat and the micro-blogging site Weibo barred users from changing their profile photos and other personal information. Video-streaming service Bilibili said it suspended real-time comments and other features for ‘technical upgrades.’ ”
- The United States Embassy has accused Iran of ‘leaving bloodstains everywhere.’ The Iranian Embassy has denounced the Jan. 3 killing of the general, Qassim Suleimani, and vowed to seek the end of ‘America’s evil forces in western Asia.’ The battle has captivated people in China, where diplomatic rows rarely break into public view and the government often censors posts about politics. The trolling comes at a time when the United States is pressuring American technology companies to censor content by groups the government has identified as terrorist organizations. Reports have emerged that Facebook, for example, is censoring some pro-Iran posts, including on Instagram. The company said in a statement that it was obliged to review some posts in order to comply with American sanctions. Iran, for its part, has for years sought to hinder the flow of information from the West more broadly, blocking Facebook, Twitter and other social networks.
- Saudi Arabia, Iran, and Yemen are just a few countries censoring content by utilizing similar repressive methods to block information. “In Saudi Arabia, for example, the government has closed a number of Internet cafes, especially those established for women who have been specifically targeted as being used for ‘immoral purposes.’ ”
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- The FTC has logged more than 298,000 consumer complaints related to COVID-19 and stimulus checks. Tens of thousands of website domains related to COVID-19 have been created. Over $253 million dollars lost. The scams include ‘phishing emails and texts, bogus social media posts, robocalls, and imposter schemes. Within days of the FDA granting authorization of the COVID-19 vaccines there were websites and emails sent out promising easy and early access to coronavirus shots. The CARES Act could give $600 stimulus checks and it is anticipated that schemes and scams will be released to ‘solicit fees or personal information to supposedly speed relief payments.’
- ...public interest in it to take advantage of individuals and organizations. These schemes range from criminals claiming to be from a charitable organization or government agency and tricking individuals into providing money or personally identifiable information (PII) to fraudsters selling bogus or counterfeit treatments for COVID-19 or protective equipment and medical devices, that may or may not be delivered after victims submit payment. Further, scammers have tried to use stolen PII to gain access to and steal unemployment benefits and economic impact payments provided pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116–136). On March 16, 2020, Attorney General William Barr issued a memorandum to U.S. Attorney’s Offices regarding the Department of Justice’s (DOJ’s) COVID-19 related enforcement priorities. The memorandum stated that “[e]very U.S. Attorney’s Office is thus hereby directed to prioritize the detection, investigation, and...
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- unless locating the defendant’s contact information is not possible. In
- remedy allows the plaintiff to pursue an action against the domain name where the registrant has disappeared with the click of a mouse or used false registration information.
- Here, Plaintiff was able to locate the registrant of the defendant domains, Zicha, who resides in the United Kingdom. It is also alleged, on information on belief, that Zicha owns no property in, owns no places of business in, is not registered to do business in, and is not a resident of California or any other State. Further, it is alleged that the domains’ registrar, 101domain GRS Limited is located in this district at 3220 Executive Ridge Drive, Suite 101, Vista, CA 92081. Because Zicha, the registrant of the <bein._> domain name resides in the United Kingdom and does not appear to have any ongoing business activities in the United States, Plaintiff has established that it is unable to obtain personal jurisdiction over Zicha. . . .Accordingly, the Court finds that it holds
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Acknowledgments 1 result
- A hearty thank you to Suffolk University Law School’s administration and students for their support of this Fourth Edition. Hunter Becker, Genevieve Kinder, William Potter, and Rushi Thaker edited many chapters and provided useful research. Great thanks are due to Suffolk University Law School’s reference librarian Diane D’Angelo and Rick Buckingham, who is the Director of the Law Library and Information Resources Associate Professor of Legal Research. Thanks to Seth Markley, my faculty assistant, who provided me with outstanding assistance through each draft of the Fourth Edition. Laura Holle, Lead Publication Specialist at West Academic provided invaluable support as did Greg Olson and Rebecca Schneider. Megan Putler acquisitions editor for West Academic has been a steadfast supporter of every edition of the Global Internet Law Hornbook. Finally, as always, I appreciate the editorial work and good company of my wife, Chryss J. Knowles.
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Acknowledgments from Third Edition 1 result
- ...you to Suffolk University Law School’s administration and students for their support of this Third Edition. Law students who worked on this project include Dylan Barrett, Kelly Kreinest Connelly, Ashley Fucalaro, Jennifer Farrell, Elizabeth Saylor, Jeremy Siegel, Lauren Sabino, and Kelly Wong. They expertly researched and edited many chapters. Great thanks are due to Suffolk University Law School’s reference librarian Diane D’Angelo and Rick Buckingham, who is the Director of the Law Library and Information Resources Associate Professor of Legal Research. Thanks to Seth Markley, my faculty assistant, who provided me with outstanding assistance through each draft of the Third Edition. I also appreciate the editorial and research assistance of Attorney Harel Talasazan. Laura Holle, Lead Publication Specialist at West Academic provided invaluable support as did Greg Olson and Rebecca Schneider. Finally, as always, I appreciate the editorial work and good company of my wife, Chryss J...
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- Publication Date: October 21st, 2021
- ISBN: 9781636590875
- Subject: Internet Law
- Series: Hornbooks
- Type: Hornbook Treatises
-
Description:
The Global Internet Law Hornbook provides law students, practitioners, judges, and policymakers with a comprehensive examination of the latest case law and statutory developments. Each chapter is a detailed examination of cases, statutes, industry standards, norms, as well as leading academic commentaries. While the emphasis is on U.S. developments, each chapter compares U.S. to EU regulations, directives, and conventions, as well as other cross-border Internet law developments from diverse legal systems around the world.
This timely and up-to-date Hornbook comprehensively examines Internet technologies, Internet governance, private international law (jurisdiction, choice of law, forum selection and enforcement of judgment), online contacts (mass market, cloud computing service level agreements, social media terms of use software licensing, and e-commerce terms of service), global consumer protection in cyberspace (FTC, state and foreign developments), global Internet torts (including CDA Section 230 developments, Internet security, information torts, and negligent enablement), Internet-related privacy (including the EU Data Directive) global cybercrimes (including state, federal and international developments), privacy (including extensive coverage of The General Data Protection Regulation and the Right To Be Forgotten), content regulations (U.S. vs. European Union), copyrights in cyberspace, trademarks and domain names, Internet-related trade secrets and patent law developments.
Global Internet Law is increasingly important for all lawyers, whether they are policymakers, transactional lawyers, or litigators. This Hornbook is organized around the major issues in each substantive and procedural area of law in the most accessible, contemporary, and effective manner. To help readers come to grips with the necessity of approaching the subject from a transnational perspective, this book surveys the best available U.S. and foreign cases, statutes, and commentaries covering global Internet Law developments.
