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Washington Journal of Law, Technology & Arts

2006

Articles 1 - 2 of 2

Full-Text Articles in Internet Law

Don't Send That E-Mail To A Minor!: Compliance With State Child Protection Registry Statutes, Laura Dunlop Aug 2006

Don't Send That E-Mail To A Minor!: Compliance With State Child Protection Registry Statutes, Laura Dunlop

Washington Journal of Law, Technology & Arts

In July of 2004, Michigan and Utah enacted child protection registry laws that prohibit businesses from sending e-mail advertisements for certain types of goods and services to “contact points” (e.g. individual or school e-mail domains) listed on registries maintained by each state. The prohibited goods and services include alcohol, tobacco, pornography, and illegal drugs. This Article summarizes these statutes and provides guidance to businesses concerning statutory compliance. The Article also highlights certain concerns about the scope and ambiguities in the statutory language. Despite ongoing debate surrounding these statutes, companies that choose to market via the Internet must understand their statutory …


Applying The Wiretap Act To Online Communications After United States V. Councilman, Jessica Belskis Apr 2006

Applying The Wiretap Act To Online Communications After United States V. Councilman, Jessica Belskis

Washington Journal of Law, Technology & Arts

This article examines the federal Wiretap Act and its application to online communications in light of the United States Court of Appeals for the First Circuit’s recent decision in United States v. Councilman. The federal Wiretap Act places legal limits on the surveillance of electronic communications, but courts struggle to make sense of its application to online communications. Formerly, courts held that the Wiretap Act did not apply to the retrieval of communications from places of electronic storage. However, in United States v. Councilman, the First Circuit suggests that retrieval of emails from temporary places of electronic storage …