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,…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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