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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…

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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…

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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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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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Website Defamation Immunity

Website operators, either as defendants or plaintiffs have resorted to Section 230 of the Communications Decency Act (CDA) to determine website defamation immunity and defamation liability.  Under the Section 230, blogs or forums, for instance, benefit from website immunity from tort liability if the information was from a third-party.  That third-party could be a subscriber,…

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CISA

CISA The U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754). In passing it had to consider a variety of issues before it regarding the amendments to CISA.  The proposed amendments of CISA have one goal in common, to enhance privacy and strengthen the privacy. One of the issues was to clarify the…

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Net Neutrality European Points

Net Neutrality European Points Net neutrality European points are going before the EU Parliament soon where several proposals will be weighed.  The concept of an open internet without restrictions on traffic, how the networks manage traffic and how traffic is categorized is being considered in the EU Parliament.  There is a draft regulation proposed expressing…

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Security of Internet of Things

The security of internet of things is unknowingly pervading our everyday life.  Items that can be remotely accessed for information, turned on to operate, adjust their operation settings, and process into a network are all fraught with vulnerabilities.  Security of internet of things is just becoming news worthy to some and ignored by great majority.…

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Personal Data Privacy and Consumer Privacy Bill

Personal data privacy and Consumer Privacy Bill may meet to give people more control over their personal information is in the horizon. Concern however remains with companies and data brokers having discretion. The proposed Consumer Privacy Bill of Rights Act, sets some requirements on companies that process personal information. The idea is to establish some…

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Trademark Free Riding

Many brands in a strong competitive industry have the challenge of trademark free riding posed by not necessarily their own competitors.  Company brands struggle against other entities that are not necessarily in their industry, benefiting by their use of a similar if not identical mark from the reputation they have tried to build. This “free-riding”…

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