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.  …

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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…

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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.…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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