Data Security of ESI

Data security and the insecurity of electronically stored information (ESI) is ephemeral.  Data security is not as predictable as one would prefer to think.  Any anticipation of a data security incident or of its origin is absolutely unpredictable.  With every incident, the attention is always on possible external sources.  All too often, little effort is…

Doxing Personal Information

Doxing personal information is a growing concern to all, to say the least.  Personal information online is common, however, with the Internet being so prevalent. Many records are found online, such as, voting, property ownership, even bankruptcies, and new business filings.  But what is doxing? Doxing ‘may’ occur when someone publishes online someone else’s personal…

Startup Business Cloud Use Issues

Startup business cloud service is becoming a key aspect in the data management requirements of many entities.  Startup business cloud service could save considerable amount of money for a startup.  Cloud service of data process becomes, for many, their central component for their data. The decision to use a cloud service, however, should consider the…

Internet Freedom

Internet freedom is surely under stated, considering the extent of communications and the amount of data shared and transmitted.  Among the billions of daily data bits transmitted among users, unfortunately there are abuses.  Internet freedom is taken for granted by millions of users that resort to the Internet for less than beneficial reasons.  Online fraud,…

Startup Cyber Insurance

Startup cyber insurance is not a common consideration as an entrepreneur sets out in to the marketplace. After all, data breaches are always thought of as someone else’s problem. But many business people soon realize that the concerns and possible fears are realistic. The need for cyber insurance is unfortunately getting credible publicity. The notion…

Doxing Information

Doxing information is not a household term.  It is slowly becoming part of the daily conversation especially by people who have had their personal information publicized online. Internet information that is available to read on the Internet about anyone is surprising.  The Internet hosts way too much information.  All users are contributing to its data. …

Cease Demand Letter Myths

Cease demand letters are an expected step before any legal action is taken. Most jurisdictions require a claimant to demonstrate mitigation efforts.  Courts respect a claimant’s attempt to resolve the issue of concern.  They also appreciate seeing an effort to minimize damages.  But what can be surmised by cease demand letters is not what is…

Software Distinctions and Ideas

Software distinctions from existing software presents a hiccup to many developers with novel ideas.  Software considerations to push for a patent will encounter nuances that need to be addressed.  The approval process has been presenting hurdles for software patent filings.  The hurdles are more about what contribution is being offered by the idea rather than…

Cybersecurity Term Use

Cybersecurity term use may not be as clear as it is used in every day conversation.  Cybersecurity as a term has been bouncing around by many without carefully determining what it encompasses.  The same can be said of ‘data security,’ it’s sibling.  From an operational aspect advising client it is important that there be clear…

Consumer Data Privacy Versus Data Economy

Consumer data privacy versus the data economy concern has had recurring attention and does not seem to stop. There are too many occurrences of loose transfers of consumer data.  From a consumer perspective, it appears it has been ignored as a result of the cycle of benefit and compromises, along with the cyber vulnerabilities, and…

Consumer Data Privacy

Consumer data privacy concerns have taken a prominent position among the list of concerns over our economy and laws. We all hear about digital data privacy needing protection and we also read about the events that have led to infringements of consumer data privacy on the occurrence of data breaches.  Essentially, privacy is desired by all. …

Startup Business Consumer Issues

Startup business consumer issues are not usually raised in discussions at the outset by entrepreneurs.  Consumer protection issues creep up as time goes by in their daily business process. But the reality bites, when startups encounter issues not thought through. If the startup is engaged in a business entails a contract or a detailed proposal…

Startup Technical Issues

Startup technical issues vary depending on the business purpose. The Internet presence of a startup will not always be the same as for other startups and other startups may not always be the best example to follow.  The technical aspects of a business surpass the threshold requirements of having a computer and a phone.  Considering…

Business Records Handling

Business records are created every minute in business and in a variety of entities.  Every call handled by receptionists, customer service, account managers, and even by management and executives creates a business record.  Every transaction, document dispatch, email, scanning of information for sharing, all creates business records. Every function and every task, digitized, becomes a…

Contracts Online, With Who?

Contracts online are formed every day without any thought to their import.  They may be enforceable or not.  Many parents allow their minors to use their parents’ credits cards or the debt card given to them by their parents to shop online, for say, school clothes. That mad rush for tax free holiday prior to…

Startup Business – Planning the Start

Startup business usually starts before they start.  May sound confusing but, the planning should be deemed as the start.  Also, people get to start spreading the word before they start.  That makes sense.  People want others to know what they are embarking on and how their venture will be a good service or a good…

Startup Business -More than an Idea

Startup Business criteria for the idea-person and the money-person, backing the venture, is always easily skewed toward “what’s the least that it will take to get going”.  Going into the wild of business with the startup entrepreneurial spirit is fascinating and laudable.  Many venture off with the chutzpa without seeking legal counsel  and resort to…

Data Breach Injury In fact

Data breaches catch all by surprise.  The data breach itself stifles the entity that had the breach.  But to anyone outside that wonders if they have been affected, their opportunity to claim is not that easy to depict.  Standing is an issue that has to be overcome.   The compromise of personal identifiable information (PII) has…

Privacidad de Medias Sociales

Privacidad de medias sociales siempre es un concernimiento. Las redes sociales se tratan de personas que disfrutan de mantenerse al día con amigos y compartir eventos de la vida y experiencias con amigos. Sin embargo, ha quedado descaradamente claro que al usar la plataforma para compartir con amigos, la plataforma se adhiere al autoproclamado derecho…

Cyber Insurance Coverage

Cyber insurance coverage is a new phenomenon and seldom do courts deal with such.  But as the events occur with frequency, cyber incidents are indeed getting attention.  They are getting the attention of insurance carriers as well.  Two cases stand out that have set a precedent. Travelers Indem. Co. of Am. v. Portal Healthcare Sols.,…

Social Media Privacy Trust

Social media privacy trust is easily and all too often not evaluated by users.  Social media usage in its carefree, beach-like social setting, is all about people enjoying keeping up with friends and sharing life events and experiences with friends.  However, it has become blatantly clear that by using the platform to share with friends,…

Trade Secrets as Data

Trade secrets are seldom considered as data.  Yet, data records are valuable for daily operations and service delivery and much more.  The valued of data gathered either for diagnostic, screening, marketing, or even predictive work, is crucial.  This data becomes a trade secret.  Database records fall victim to many who seek the potential value of…

Cyber Security Claims Can be Deceptive

Cyber security is increasingly a reported issue in the news.  How entities report their cyber incident, depends on their own preparedness and willingness to confront unacknowledged vulnerabilities.  At times it is a matter of employee negligence, lack of training, failure of the entity to have in place stop-gaps and a detection process.  Cyber security incident…

Internet Content Hurting Others

Internet content hurting others is all too common with the freedom to do so.  What can a person do? immunity has been a thorn to those who have been the subject of comments on the web.  Cyberbullying, on line harassment, and libel has had a long-lasting impact on those who have been the subject of the content…

Cloud Data Path Thoughts

Data path is a factor, though seldom considered by business and entities alike, that comes up as a concern.  Cloud data services are used in a variety of sectors including government, hospitals, and a great number of service industries.  The concern with data path, in the cloud for the processing and accessing of data, is…

Cloud Technology Knowing All

Cloud technology may have the capability of detecting access, use, and process.  More can be known than originally expected.  The capability of this technological use is referred to as being able to see from above.  One such company that utilizes this type of technology is Uber. Uber’s cloud technology use for a ‘God view’ was…

Advertising Disclosures

Advertising disclosures required by the Federal Trade Commission are becoming numerous.  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 appear clearer to businesses.  FTC’s concern is over the possibility of consumers being confused…

Cyberquatting Claims and Terms

Cybersquatting claims arise on many occassions out of sheer misunderstanding.  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…

Internet Speech Modification

Internet speech modification is a concern for all who are concrned about their free speech being infringed.  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…

Internet Communications Issues

The Internet, in its ubiquitous appeal in our lives, branches beyond the desktop and into giving users greater mobility and an array of freedom.  It as well gives users more flexibility to express ideas and conduct activities.  Its use generates data about what the users access, shares, comments on, and what the user buys and…

Online Defamation  

Online defamation has become all-too common.  From the individual to the business they all have become subject of ill comments online.  Many, espousing their belief in their First Amendment right to free speech, have misused that right.  Doing so, they claim immunity from defamation claims. Many claim truth, they were privileged, or that their statement…

Crawling Websites for Data

Crawling websites for data has burdened the growth of ecommerce as website owners 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 that website…

IoT Security

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…

Internet Information

Internet information has allowed millions to enhance their learning and allow them to share information.  It has also allowed for the sharing of specious and harmful information.  Advertising and marketing industries have benefited and will continue to benefit into the future by this medium of information, surpassing the television. Yet, what is concerning to many…

Cloud Data Usage

Cloud storage of data for business brings efficiencies and as well could bring unbeknown reasons for concern.  Transmitting data through varied network in daily process comes with numerous issues regarding security, privacy and the amount that is being transmitted, i.e., load.  Data is not static and neither is how it could be directed for load…

Cybersecurity Responsibility

Cyber aspects of business functions involving the Internet, email network systems, and cloud platform usage are related to the need for data security.  Cybersecurity responsibilities are, at times, not met with the requisite level of diligence for compliance in managing data and transfers in daily work process.  Standards for compliance, for many businesses, institutions, and…

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…