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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…

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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…

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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…

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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…

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Free Speech and Purpose Driven Ads

Free speech has come a long way through hurdles and bumps as a result of the Internet.  Many postings are challenged as well are ads online. The Seventh Circuit Court of Appeals had to struggle with such an issue in a case that arose from a municipal ad.[1] Judge Posner in his analysis of the…

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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…

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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,…

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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…

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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. …

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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,…

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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…

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