Internet Cybersecurity and Data Security

Internet news events are reported daily about computer abuse, hacking, data theft and malware, nationally and internationally.  The concept of cybersecurity, as a term, appears bounced around by writers, scholars, politicians, and news media, short of carefully determining what it encompasses and how cybersecurity relates to the Internet.  Around the world the term is used…

Artificial Intelligence Liability

Liability, as an issue, seldom arises in common conversations.   When discussions in the work place occur, liability is not on the top of the list of issues.  Yet, there are a plethora of law firm ads about personal injury claims, insurance commercials, and medical malpractice issues.  From watching and reading ads you are left…

Consumer Privacy versus Data Economy Ecosystem

We all hear about privacy needing protection and we also read about the events that have led to infringements of privacy on the occurrence of data breaches.  Essentially, privacy is desired by all and many believe that it is an aspect of life that is common understanding and it is worth respect and consideration. The courts have…

Data Privacy

Data protection sought in daily entity operations and in its actual delivery of services, should coexist with the responsibilities for consumer data privacy.  This second piece follows its previous writing which addressed the coexistence of protection and privacy from an institutional perspective.  In furtherance of that theme, this piece will touch upon the organizational aspect involved to see…

Internet Computing Terms

Internet computing terms are commonly mentioned in a law firm’s discussions where the practice focuses on issues in the market engaging the Internet, and among other aspects, e.g., computing, e-commerce, data protection, software development, application development, data management infrastructure, cloud processing, and cyber security, to mention as few.  As these terms arise in conversation, contracts…

Business Data a Trade Secret

Business data in business could be considered a trade secret as it is an essential component of analysis and decision-making.  Businesses cannot compete without relevant data for their administration, process and service delivery.  Trade secrets in database records have value.  Such secrets are sought for competitive reasons. Intruding, a kind word for hacking, into another’s…

Doxxed Personal Internet Information

Doxxed personal information is startling to many. There is a lot to be said about the amount of information available on the Internet.  Many are surprised on how their information got on the Internet and the ease with which public information and personal information can be retrieved and researched.  It goes without saying about how…

Cybersecurity Rule Setting the Mark

Cybersecurity rule ideas, so far, have been piecemeal throughout the United States despite the numerous efforts.  Opposite to the European Union’s efforts through their General Data Protection Regulation (GDPR) initiative, in the U.S. we have no such thing.  We do have bolstering amendments to Gramm-Leach-Bliley Act, embodied in the Consumer Data Security and Notification Act…

Internet of Things Security Claims

Internet of Things security claims have caught the attention of lawmakers and regulators. The Internet has been interesting to follow and work with as a realm of process and information exchange.  As the devices used to transmit information increase in our lives and work, protecting what is transmitted from unwanted eyes is not necessarily going…

Software Patent Filing Abstract Snags  

Software patent filings have gone through snags during the approval process.  For many, not having a clearly stated specific enhancement to preexisting software was a liability to the filing’s success.  Failing to satisfactorily describe a technical improvement on providing the innovation to the previous invents is another snag.  Not distinguishing the innovation from previous filings…

Data Security Negligence

Data security responsibilities are, at times, not met with the requisite level of diligence for compliance.  Standards for compliance, for many businesses, institutions, and service entities, are not as specified as one would be drawn to believe.  The disjuncture between responsibilities and efforts are becoming more evident with passing days as cyber incidents leave alarming…

Internet Mugshot Publishing Curtailed

Internet mugshot published online haunts a person for years with embarrassment.  For many, as well, the mugshots do not bear a meaningful purpose for others throughout the Internet to know.  What remains is the ill circumstance of having future employment out of reach or present employment terminated, for the inadvertent past event. The harm lingers…

Cyber Security Claims

Cyber security claims are seldom tempered with an entities acknowledgement of its insecurity of electronically stored information (ESI) and its handling of consumer personal identifying information (PII).  Their efforts and planning executed, though they may be diligent, cannot anticipate cyber incidents and breach incidents nor should their efforts to prevent them be overstated.  All attention…

Internet Advertising Under FTC Eyes

Internet advertising has become intricate and keen.  Internet advertising may involve multiple participants.  The purpose is essentially to sway readers to purchase products by making representations that at times appear too good to be true.  That is what the Federal Trade Commission and the State of Connecticut determined prior to suing  LeanSpa.  The claims embraced…

FTC Advertising Guidelines

The Federal Trade Commission under its Act, particularly Section 5, is seeking advertisers to be clearer about how they convey their ads.  Advertising disclosures required by the Federal Trade Commission are addressing numerous issues about enhancing disclosures of sources of the statements and claims made in an advertisement.  As creativity increases so will the efforts for the…

Internet Cloud Options

Internet cloud options for data computing services are developing as the concept catches on.  Incidents of a breach, contract disputes, hacking, and ongoing lawsuits are serving the way for conditions to be highlighted.  Nascent, cloud computing contracts were conceived as a data storage solution for businesses, municipal entities, and state organizations.  So long as remote…

Online Personal Information, What’s the Harm?

Personal Information is accessed so easily through the Internet that it causes concern for its privacy, handling of personally identifiable information (PII), and its correctness. With the use of a credit card and picking anyone’s name and selecting a state of some form of known or suggested relevance to an individual, anyone can acquire information on one’s profile. Whether…

Internet Speech and Defamation I

Internet speech has drawn concern for its limitless, it seems, availability for anyone to air their comments about something.  While there are certain protections for speech, the inherent lack of truth in the statements or the lack of concern for the truth in making such a statement online about someone, engenders a considerable amount of…

Trade Secrets in Databases

Database as a Trade Secret Trade secrets in database records fall victim to many who seek the potential value of stored records from a variety of entities, either from government agencies and competitor businesses, to also include medical and financial enterprises, and even from their own employer or client.  Intruding into another’s database is becoming…

Internet Information the Malady of Doxing, “You’ve been Doxed”

Internet information that is available to read on the Internet about someone or anyone to see is startling.  There is a lot to be said about the amount of information available on the Internet.  Many are surprised on how their information got on the Internet and the ease with which public information and personal information…

Internet Speech Immunity

Internet speech immunity exceptions are sought frequently by individuals and businesses who are affected by someone else’s comments about them via an online site.  Online sites are today’s marketplace of ideas to enhance the “competition of the market.”[1]  And so, the claim usually asserted is a defamation claim directed to the website from where the…

Website Crawling and Data Scraping Thoughts

Website crawling and data scraping have burdened the growth of e-commerce as website owners are witnessing their data scraped.  The legal questions have lingered.  Many questions stand out.  The prevalence of crawling and scraping has become too of the norm for those using web content for business, research, or marketing purposes. The common theme is…

Data Security Practices

Data security practices are increasingly becoming a theme among management and employees in the administration of business and their daily work process.  The common element in data breaches is the element of human negligence, training or the underestimation of needed attention.   The extent that incidents are occurring, information technology personnel and operations personnel are finding…

Data Breach Notification and the Ransomware HIPAA Question

Notification of a data breach is a worrisome step of any governmental entity, association, medical office, law office, data management entity, and even of a school or university. The provisions that attempt to address this progressing act of cyber attempts to acquire data, of any sort, are evolving.   An initial reaction to an incident is…

Data Breach Insurance

Data breach insurance is becoming a growing concern and a topic for businesses to address their risk management administrative panoply. Considerations may sway a business towards a third-party insurance coverage or a first-party insurance coverage or both depending on the services provided.  Previously posted writing regarding the cyber insurance needs, we discussed the limits that…

Data Breach Case Standing and Relevance of Harm

Data breach case standing is the critical element in determining the case’s viability to continue along with the relevance of harm incurred.  As data security breach occurrences amount with frequency, the menu of their handling also adds to the list of settled and or filed. The usual person is petrified when hearing that his or…

Computer Abuse by Password Sharing

Computer abuse can occur by the simple act of password sharing to gain access to a computer and its network. Password sharing for use of a computer is seldom realized as a wrongful use.  It is as well not realized by many account holders that sharing their account passwords or access passwords is as well…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are addressing numerous issues with regard enhancing disclosures of sources of the statements being made in an advertisement.  As creativity increases so will the efforts for the FTC to find aspects, not to their liking.  As the FTC pursues companies using native advertisers or influencer programs, restrictions will…

Cloud Storage of Data Across Borders

Cloud storage of data for business brings efficiencies and as well could bring unbeknown reasons for concern.  Data is not static and neither is how it be directed for load balancing.  It is not only stored, it is shared via transfers and as such it is accessed by users. How the data is accessed and…

Cloud Service Agreement Considerations – Business and Legal Issues II

Cloud service agreement considerations are many but few are addressed when cloud subscription services are sought.  In previous posts on this subject, the emphasis was on having an exit strategy[1] and embracing the possible regulatory requirements.[2]  A business’ or an institutions’ data could be at the mercy of the cloud service provider (CSP).  The growth…

Defamation Online Issues

Defamation online in reviews posted by readers and comments stated in social media platforms throughout the United States and across its borders, raise legal questions. The aspects of posts in general also raise the issues of responsibility an individual has in controlling the content of one’s Facebook page or blog.  The Communication Decency Act, Section…

Data Security Law and Internet Security Law

Lorenzo Law Firm is a presenting vendor at the Safety, Security, and Survival Expo in North Florida.  As data security law issues are presented, factors to considered will be discussed.  Everyone’s day to day interactions exposes them to privacy issues.  Whether one is at the doctor’s, taking the car to the shop, filling out an…

Cloud Computing Service Considerations

Cloud computing service considerations are developing as the concept catches on.  Incidents of a breach, contract disputes, hacking, and ongoing lawsuits are serving the way for conditions to be highlighted.  Nascent, cloud computing contracts were conceived as a data storage solution for businesses, municipal entities, and state organizations.  So long as remote access was guaranteed,…

Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

Trademark Misrepresentation in Advertising

Trademark misrepresentation rather than respecting the appearance of a marks brand through advertising runs the risk of using creative naming.  Courts will look at advertising’s subjective effect on consumers.  The query for concern is to determine if the advertising seeks for the consumer to make the association with an existing unrelated brand of a product. …

Website Safe Harbor Copyright Notice Designation

Website safe harbor takedown requirements by the Copyright Office is soon to undergo changes.  According to the Copyright Office, it is the responsibility of a website owner or online service entity to make it easy for a copyright holder to contact the website regarding the possibility of content infringement.  The agent designation requirement[1] process form,…

Internet Security – Passwords’ Way into a Life

Internet account security and weak passwords are all too common when causes to cyber incidents are investigated.  The ease of use of one’s birthdate, anniversary, and the incredibly savvy use of ‘admin’ or ‘password’, not to mention ‘12345,’ has gotten many in a serious predicament.  Not following through on login processes and seeking shortcuts has…

Online Contracts Consent and Choice of Law

Online contracts trip the line that draws on possible arguments for applying the choice of law principles.  Platform terms of service, though frequently updated, may not be providing appropriate notice to inform the public user.  Data collection practices of social media platforms for purposes of claimed efforts to provide enhanced services to the user public…

Internet, Internet of Things and Cyber Threats

Internet of Things or “IoT,’ as commonly referred to, have proliferated our culture and will continue as they acquire growing attention with functionality and ease.  Their attraction is in their usefulness engendering efficiency, productivity, and an expectation of enhancing one’s fitness and along with self-awareness. The idea of IoT has brought the attention of platform…

Trade Secrets Extraordinary Provisions

Trade secrets are going to be dealt differently now that the President has signed into law the new Defend Trade Secrets Act (DTSA).  Through the bipartisan efforts of Sen. Orrin Hatch, R-Utah, and Sen. Choons, D-Del., DTSA is meeting the desired measure that has long been sought by businesses to address the delicate nature of…

Internet Technology and Employer Internet of Things

Internet technology and the internet of things pervasive expansion in our everyday lives has become a crazy, a thing to do, and something to use by employers.  The risks of privacy are overlooked as well as liabilities when an employer goes too far.  The application of technological uses to keep track of employees, staying in…

Copyright Protection Standard for Clothing

Copyright protection standard for clothing articulated as conceptual separability will now be entertained by the U.S. Supreme Court amid the background of disparate circuit court views.  Copyright protection applies to the features pertaining to design, of say, articles, and pictures.  The garment sector items fall into the dichotomy of use or utility, as the design…

Data Security and the Internal and External Cyber – Insecurity

Data security and the insecurity of electronically stored information (ESI) is ephemeral and any anticipation of its occurrence or origin is absolutely unpredictable.  All attention is always on the external incidents but little is focused on the internally sourced infraction.  Seldom do entities envision the internally sourced incident.  The risk from internal unauthorized access to…

Social Media Self-Modification

Self-Modification by social media platforms has struggled to ensure that the Internet is acceptable to all cultures, religions, political persuasion, and to all values of countries.  This exercise in Internet Governance is tall and detailed and comes under criticism for being too heavy handed towards exercising censorship.  Though easy to say, it becomes difficult to…

Ransom Seeking Malware, What to know and Do

Ransom seeking malware is nefarious and it comes in different flavors.  The hedge of control is to hold hostage vital information within your network in exchange for compensation.  Healthcare providers, financial institutions, and government entities have been the victim.  Its variants and its methods are complicated means of affecting ways an entity accesses its information…

Data Security Relevance to More than Just PII

Data security relevance is customarily popping up in everyday life, business, and in our system of society.  To think that billions use handheld devices for entertainment, staying informed of news, and to also be able to know where they are and where they are going, there is another segment of our network life infrastructure, growingly…

Data Security Breaches Settled and Filed

Data security breaches are becoming too common for comfort and ease as we engage in daily as participants in the marketplace.  Companies, governmental institutions, nonprofits, and organizations are quickly learning that cyber incidents could be a day away.  If they claim that their information is secure their claim can be checked and they can be…

Internet Service Providers New Privacy Rules

Internet service providers (ISP) are being pressured for enhanced privacy practices by the Federal Communications Commission (FCC).  Commissioner Wheeler’s proposal issued March 11th seeks to regulate ISPs and their handling of consumer information to heighten consumer privacy protection.  The FCC issued its draft Notice of Proposed Rulemaking (NPRM) focusing on ISPs and not on websites,…

Internet of Things, Risks and Security

Internet of things and the interconnectedness of devices has inherent drawbacks.  Initially, the convenience of using interconnected devices overcomes the awareness of the lack of control over the information that is gathered about their use.  The convenience and allure of the novelty of Internet of Things catch everyone’s whim to acquire the latest. But unfortunately,…

Consumer Data Security Claims Monitored

Consumer data security claims by many businesses seek to settle the fears and doubts of many consumers engaging in electronic payments.  Those representations should be tempered with an accurate description of its practices to keep consumer information and transaction data secure.  Several agencies have been tasked with a different scope of authority.  Data security has…

Cybersquatting by Website Designer

Cybersquatting by a website designer is seldom a thought of concern by potential clients who are in the midst of working or are considering the work of a website designer for their start up a business.  Terms are rarely dickered with to ensure the handling of the domain selection and eventful registration.  When an unauthorized…

Right of Publicity

Publicity of one’s identity without permission frequently happens to sports figures, actors, and to possibly world record holders, including Hacky Sack world, records holders.  The latter persona is the type actually who filed a district court action in Illinois claiming invasion of privacy and false advertising.  As argued, a commercial ran showing that an individual…

Privacy Issue of FCC over ISPs

Privacy is a late to-come-by issue of the Federal Communications Commission (FCC) as Internet Service Providers (ISP) were reclassified.  As part of the push for net neutrality, ISPs were soon to be treated as common carriers by the FCC.  This has left the door open for broadband providers to access customer information that is proprietary…

Trademark Internet Use Collides Regionally in Florida

A trademark used in a particular region of the country may not be absolutely alone with the existence of the Internet.  Marketing a business on the Internet has a ubiquitous presence to the service seeking potential customer.  Whether your business is in the southeast, such as Florida, and there is the existence of a wider…

Music Access Going Offline

Music Access in time past was always a concern for the nostalgic music enthusiast, especially the desire to hold on to music treasures from one’s growing up years. There was the concerned about scratching and breaking and not being able to find another issue.  The digital innovation has liberated the music industry allowing for creative…

Broadcasting Competition of Distribution Agreements

Broadcasting competition of distribution agreements has been in the Federal Communications Commission’s (FCC) cross-hairs.  While under less than unusual circumstances a provider can enter into a contract to distribute its product exclusively or non-exclusively, the same cannot be said regarding agreements of communications content provider.  The concerns is with content that could draw an overwhelming…

Music Appropriation Issue

The issue of music appropriation of culture e in music is controversially discussed raising concerns for the use of culture as backdrops.  The argument goes that as an artist unveils the video of music scenes appear of a particular culture and people of that particular region.  The criticism is with the prop effects of the…

Trademark Infringement and Sibling Rivalries

Trademark infringements may be common in the business world, but they are as well not unheard of among family members in business who are competing in the same products.  The Southern District Court in Ohio heard a case between siblings which touched on pivotal points regarding trademarks. The court wrestled with the issue of ‘use’…

Cyber Security Events and Lessons of 2015

The process of cyber security is an everyday occurrence in every entity, from government to small and large enterprises.  A handful of events took place in 2015, each shedding a lesson or two going forward.  Counseling clients on requirements always involves sharing best practices, despite them not being a guarantee.  But always the focus is…

Child Privacy and the Apps They Play

Child privacy while playing with apps is something to consider.  The Federal Trade Commission (FTC) has been concerned.  The aspect of how information, that is children’s personal information, is shared with advertisers and the related networks brings to mind the requirements of the Children Online Privacy Protection Act (COPPA). In 2013, the FTC amended the…

Copyright Challenge – Ideas and Expression

Copyright for many individuals appears to be anything they write, express, or present on paper.  By putting content on a book one assumes it’s copyrightable, whether it is text, photos, or drawings.  For a yoga studio in California this was the mindset.  That which they organized together in the form of photos displaying poses was…

How Private is our Privacy

Privacy may not be as private as we would consider, and not much more than what we are capable of to keep private, as long as we live a cyber life.  Take for instance, the wearables that caught the craze throughout 2015 and became a popular item to buy at Christmas and other items that…

Cybercrime Considerations for Cases

There are cybercrime considerations for cases as well as there is a judicial learning curve when it comes to cybercrime and judges  are not alone.  Cybercrime harm cannot be assessed with the mindset of assessing punishment as if it was a physical criminal act without assessing the extenuating consequences of a cyber-criminal act.  In cases…

Cloud Technology Use for a ‘God View’

Uber’s cloud technology use for a ‘God view’ was exciting to experience among its employees.  With every innovative creation there is always the bit of excitement and a bit of dreaming of the capability devoid of cognition for security and for its ramifications.  To insert concepts of security and considerations of ramifications is a downer,…

Cybersecurity Breach Aftermath with FTC

Cybersecurity and cybersecurity breach are difficult topics to discuss with clients because of the unknown variants and for their simple trepidation toward addressing the vulnerabilities and investing the capital for prevention and training.  From internal planning involving establishing a process to addressing external intrusion possibilities they tend to be cumbersome for a company’s administration to…

Digital Copyright Disputes and First Sale Defense

Digital copyright disputes throw around terms such as “sale”, “license”, “first sale”, and “right ownership.”  The distinction of these terms began in 1908 by the Supreme Court determining that a “sale” serves as a defense as opposed to a “license” under a copyright claim.[1]  In a cited case, Bobbs-Merrill, the defendant purchased copies of a…

Free Speech in Trademarks

Free speech in trademarks has been a long existing principle only to be recently circumscribed.  Ideas in naming something personal, such as exercising an expression for a trademark, could otherwise be prohibited if it were not for the constitutional principle of free speech. Imagine starting a company and devising a slogan to register as a…

Digital Economy Fighting Copyright Piracy

Digital economy partnerships drawing close to fight copyright piracy have struck a chord that could have a significant impact to prevent Internet digital media piracy.  The piracy of digital media is an international cottage industry costing billions.  From content creators, ISPs, advertising agencies, network systems, and search engines, to data managers, and e-payment platforms, have…

Advertising Guidelines from FTC

Advertising guidelines from the Federal Trade Commission underscore the deceptive features of ‘native’ advertising.  Prior to Christmas the FTC released its “Enforcement Policy Statement on Deceptively Formatted Advertisements.”  The attention was towards the use of native advertising which is ‘dressed’ or ‘tailored’ to appear as if it is an actual editorial.  The FTC notes the…

Cybersecurity, Internet of things in the Last Quarter

Cybersecurity and internet of things did capture Capitol Hill in this last quarter of 2015, pardon the football metaphor, and needless to say net-neutrality as well.  With physical objects being interconnected and collecting user data and sharing data as well, regulators and privacy groups saw the improved efficiency accompanied with the torment of loss privacy…

Online Music Video Publishing

Online music video publishing give many singers and performers an avenue for promoting their work.  The birth of a new music star is dreamed every time someone seeks publishing with intermediary providers such as YouTube.  The principals of content publication still holds true even with the utilization of third-party audience aggregators like YouTube.  The terms…

Cloud Service Use and Having an Exit Strategy

Cloud service uses, methods and liability considerations are all involved in an appropriately devised exit strategy for any enterprise.  This could be in the form of a backup method for redundancy in service delivery or data management.  For many businesses, the cloud use transitioning process is key for being able to maintain reliable services.  Minimizing…

Identity Theft Event Responses

Identity theft laws in states may vary by state but a notice requirement is common among them.  The frequency and extent of data breaches is staggering with the Identity Theft Resource Center (ITRC) recording over 700 breaches so far recorded in 2015 affecting roughly 200 million records.  The previous year, the ITRC recorded for 2014…

Anti-Slapp in Florida

Anti-Slapp in Florida was put to the test in Roca Labs, Inc. v. Consumer Opinion Corp.(Pissed Consumer). In its original lawsuit, Roca Labs argued that the defendant’s consumer review website was fostering defamation, effectively causing tortuous interference, committing unfair competition.  The defense argued immunity under Section 230 of the Communication Decency Act, formally known as…

Crowdfunding and New Conditions

Crowdfunding, an Internet based means of raising capital is getting a lot of attention.  The attention it has garnered is not only from businesses resorting to it but from the SEC as well.  Crowdfunding is instrumental for startups and small business, but it has originally been a vehicle for fund raising for worthy and charitable…

Cybersecurity Buzz in Washington

Cybersecurity is at issue and a buzz in Washington with a bit of urgency and cluelessness.  From addressing anti-hacking methods to cyber security threat sharing, Congress, federal agencies, and the White House are trying to flatten their learning curve.  Private companies have been drawn in to give their two-bits and compare notes on cyber security…

Internet Product Listing Infringing on Trademark

Internet product listing was argued to be infringing on the trademark of a watch manufacturer.  The watch manufacturer argued that it did not sell its watches to Amazon for resale nor did it authorize resale through the online retailer. The plaintiff in this case, Multi Time Machine (MTM), argued that the online retailer, Amazon was…

Internet Freedom of Speech at Risk

Internet freedom of speech is not given the attention it merits while the EU ponders on its EU Data Protection Regulation.  Many rightfully fear that censorship is looming near and is nearer than one imagines.  While the General Data Protection Regulation (GDPR) has lingered since the 1990s, many countries have followed the EU aspiration of…

Internet Technology and Encryption

Internet technology and encryption is placed at the forefront of the debate about how to process, store, secure, report, you get the picture, of communication that are otherwise deemed private.  The discussion embraces the ideas of using back-door means for law enforcement to peruse and search for possible suspects of the terror and their plots…

Trade Secrets Act Update

Trade secret law and practice is about to change if Congress pursues the “Defend” Trade Secrets Act with the current provisions.  Not only will the practice change, rights as well as competition, may be affected for the worse.  The attention that this legislative activity is getting regarding trade secrets is scant to say the most.  …

Consumer Harm in Data Breach Cases

Consumer harm in data breach cases is a critical element to be proven.  Many cases are dismissed when standing is not established.   Commonly, the claims raised assert that some sort of reasonable and appropriate security measures to protect personal identifiable information in a company’s networks was not implemented. Any failure to do such is arguably…

IP address and You

An IP address and you are central to how the Internet functions.  The IP address reveals information about you, your trends, location, and a whole lot more.  By use of an email, say sending an email, the recipient can learn your location.  Through the IP address your internet service provider can be learned as well.…

Cloud Access Security Broker

As service providers and developers seek to encourage cloud service adoption, the role of a cloud access security broker, i.e., CASB, is seen as central to the effort.  The efforts to arrive at standard practices for cloud data security processes, are essential operational benefits of employing a CASB.  The role of a CASB is enhanced…

Cross Device Tracking

The Federal Trade Commission has noted that cross device tracking which is a consequence of the Internet of Things (IoT) falls essentially within its auspices.  Considering the concerns with transparency and the required notices to consumers, cross device tracking is just not getting attention for purposes of enhancing consumer protection.  The advertising industry representatives as…

Fate of the Internet

Life has changed with the Internet but it will change even more as the fate of the Internet is in court hands once again. The U.S. Court of Appeals for the D.C. Circuit will determine how Internet providers will change how we use the internet, what content will be permitted, and how we access and…

Copyright Basis

Copyright basis draws the question of whether copyright law is based on government granting a monopoly, if you will, vis-à-vis against any other potential entrepreneur.  Many see it that way and tend to deny copyrights having a proprietary property right for the creator of the work.  Historically the value of crafting an idea composed was…

Linking Defamatory Content Online

A case from Washington state dealt with online defamation from linking defamatory content online.  The court wrestled with the issues of proving defamation online.  The court articulated that the First Amendment freedom speech is to be protected and the courts hold to that as well when it comes to online speech and linking defamatory content.  In the era of…

Copyright and Derivative Work

In the realm of intellectual property, copyright and derivative work gets attention when the issue of collaborative rights arises. Copyright and derivative work controversies happen when the joint contributing plans do not materialize as intended between, for example software developers, researchers, writers, or production designers. The scenario is similar to one dealt with by the…

Standing in Data Breach Cases

After years of hesitation to find standing in data breach cases, federal courts are now viewing factors to base standing.  When the matter has been the disclosure of personally identifiable information (PII), the courts have not found standing in data breach cases because they required evidence of actual usage of that PII.  The actual suffering…

Personal Identifiable Information under VPPA

Digital media law and the digital media industry wrestles with how courts define personal identifiable information under the Video Privacy Protection Act.  This definition is important to companies that stream deliver videos to customers. How broadly the court define the scope of liability will remain a concern with personal identifiable information under the VPPA. In…

Personal Data Privacy in Wearable Tech

The industry is concerned with personal data privacy in wearable tech you buy and use. The personal data privacy in wearable tech that is collected has gotten the attention of the consumer electronic industry and have promulgated some guidelines.  They has set a voluntary standard of principles to follow. The CEA, Consumer Electronics Association has…