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Full-Text Articles in Law
Border Searches Of Laptop Computers After United States V. Arnold: Implications For Traveling Professionals, Cooper Offenbecher
Border Searches Of Laptop Computers After United States V. Arnold: Implications For Traveling Professionals, Cooper Offenbecher
Washington Journal of Law, Technology & Arts
The Ninth Circuit Court of Appeals recently held that border searches of laptop computers do not require reasonable suspicion. The decision, in United States v. Arnold, reflects the continued intent of the Ninth Circuit—along with the Fourth Circuit Court of Appeals—to continue analyzing laptop computer searches under the traditional border search doctrine. This article will examine recent laptop computer search cases in light of the border search doctrine and will consider the implications for lawyers and business professionals who travel abroad with confidential information on laptops and other electronic-storage devices. The article will also consider the implications of such …
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Washington Journal of Law, Technology & Arts
Recent Iowa and Massachusetts ethics opinions declared that an attorney may owe ethical obligations to prospective clients who send the attorney just a single email regarding legal assistance. These ethics opinions are part of a trend whereby jurisdictions are extending the duty of confidentiality to prospective clients who send unsolicited emails to attorneys, when those persons reasonably believe that the conveyed information will be held in confidence. These opinions highlight the importance for all attorneys to disclaim duties of confidentiality and representation, particularly when advertising online. This article discusses ethical opinions regarding prospective clients who send unsolicited emails and concludes …
Age Verification As A Shield For Minors On The Internet: A Quixotic Search?, Francoise Gilbert
Age Verification As A Shield For Minors On The Internet: A Quixotic Search?, Francoise Gilbert
Washington Journal of Law, Technology & Arts
This article examines the issues raised by the use of the Internet by minors and children. In addition to being an outstanding source of information and a tool for connecting people in numerous affinity networks, the Internet has a dark side. Its resources may be abused for many bad deeds, including cyber bullying or facilitating encounters with child predators. One way to protect minors is to ensure that their age and identity is verified. However, this is not technically feasible without infringing on the privacy of these children as well as that of the adults who might have to be …
Federal Tax Consequences Of Virtual World Transactions, G. Martin Bingisser
Federal Tax Consequences Of Virtual World Transactions, G. Martin Bingisser
Washington Journal of Law, Technology & Arts
This article discusses the tax consequences of transactions involving Massive Multiplayer Online Role Playing Games (“MMORPGs”). MMORPGs have recently grown in popularity and developed significant economic activity. Virtual goods used in these games are traded for both real and virtual currency. While few dispute that a sale of virtual goods for real currency is a taxable event, more complex tax issues arise concerning transactions that occur solely within virtual worlds. This article analyzes the tax consequences and policy issues surrounding such transactions.
Myspace Or Yours? The Impact Of The Myspace-Attorneys General Agreement On Online Businesses, Chelsea Peters
Myspace Or Yours? The Impact Of The Myspace-Attorneys General Agreement On Online Businesses, Chelsea Peters
Washington Journal of Law, Technology & Arts
On January 14, 2008, social networking Web site MySpace.com announced an agreement with the Attorneys General of forty-nine states and the District of Columbia aimed at increasing the safety of children online. MySpace.com and the Attorneys General created a “Joint Statement on Key Principles of Social Networking Sites Safety,” which sets forth various principles and goals for improving online safety for children through new online safety tools, design and functionality changes, education tools, and law enforcement cooperation. This article closely examines the agreement between MySpace.com and the Attorneys General and attempts to determine whether any best practices have emerged regarding …
Whole Foods, Unwholesome Practices: Will Sock Puppeteers Be Held Accountable For Pseudonymous Web Postings?, Chelsea Peters
Whole Foods, Unwholesome Practices: Will Sock Puppeteers Be Held Accountable For Pseudonymous Web Postings?, Chelsea Peters
Washington Journal of Law, Technology & Arts
The Federal Trade Commission recently exposed Whole Foods’ CEO John Mackey for having made pseudonymous posts on financial message boards for over seven years. Mackey’s practice of “sock puppeting,” or posting under a false identity to praise and build support for one’s company, is becoming more common among high-powered corporate executives who have few other outlets in which to vent their frustrations and spar with their critics. In July, the SEC began an informal investigation into Mackey’s posts. This article examines the liabilities sock puppeteers may face under current securities regulations, particularly § 10b-5 of the Securities Exchange Act of …
De-Identified Data And Third Party Data Mining: The Risk Of Re-Identification Of Personal Information, C. Christine Porter
De-Identified Data And Third Party Data Mining: The Risk Of Re-Identification Of Personal Information, C. Christine Porter
Washington Journal of Law, Technology & Arts
Recent computer science research demonstrates that anonymized data can sometimes be easily re-identified with particular individuals, despite companies’ attempts to isolate personal information. Netflix and AOL are two examples of companies that released personal data intended to be anonymous but which was reidentified with individual users with the use of very small amounts of auxiliary data. Re-identification of anonymized data may expose companies to increased liability, as the information may no longer be treated as anonymous. In addition, companies may violate their own privacy policies by releasing anonymous information to third parties that can be easily re-identified with individual users. …
Does The U.S. Safe Web Act Strike The Proper Balance Between Law Enforcement Interests And Privacy Interests?, Shaobin Zhu
Does The U.S. Safe Web Act Strike The Proper Balance Between Law Enforcement Interests And Privacy Interests?, Shaobin Zhu
Washington Journal of Law, Technology & Arts
The Internet and advances in telecommunications technology present unprecedented opportunities for cross-border fraud and deception directed at U.S. consumers and businesses. However, the Federal Trade Commission’s (“FTC”) ability to obtain effective relief may face practical impediments in prosecuting these cross-border wrongdoers. To help address the challenges posed by the globalization of fraud, President Bush signed the Undertaking Spam, Spyware and Fraud Enforcement With Enforcers Beyond Borders Act of 2006 (“U.S. SAFE WEB Act” or “Act”) into law on December 22, 2006. This Article discusses the FTC’s expanded enforcement authority granted by the Act to fight fraud and deception, and particularly …
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Washington Journal of Law, Technology & Arts
The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Washington Journal of Law, Technology & Arts
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …
Liability For Consumer Information Security Breaches: Deconstructing Ftc Complaints And Settlements, Joel B. Hanson
Liability For Consumer Information Security Breaches: Deconstructing Ftc Complaints And Settlements, Joel B. Hanson
Washington Journal of Law, Technology & Arts
For several years, hackers taking advantage of security holes in the information system of TJX Companies, Inc. stole sensitive credit and debit card information belonging to at least 45.7 million customers. The TJX breach is one of the largest thefts of consumer information in history and is illustrative of the recent wave of security breaches. Private lawsuits against companies that fail to protect consumer information have typically failed. However, the Federal Trade Commission has taken enforcement action against such companies that fail to implement reasonable security measures to protect customers’ personal information. These complaints have resulted in settlement agreements requiring …
No Harm, No Foul: Limits On Damages Awards For Individuals Subject To A Data Breach, Derek A. Bishop
No Harm, No Foul: Limits On Damages Awards For Individuals Subject To A Data Breach, Derek A. Bishop
Washington Journal of Law, Technology & Arts
Recently, TJX, Inc. announced that computer hackers breached several of TJX’s databases containing the driver’s license and credit card numbers of over 47 million customers. Within a month, a class action lawsuit attempting to hold TJX responsible for losing control of this information was filed. In the past, class action lawsuits based on the release of consumer’s personal data have failed because the plaintiffs have not alleged sufficient harms. This article examines legal claims relating to the release of personal data by companies during security breaches. To date, courts have refused to find individuals harmed by the negligent release of …
To Mine Or Not To Mine: Recent Developments In The Legal Ethics Debate Regarding Metadata, Boris Reznikov
To Mine Or Not To Mine: Recent Developments In The Legal Ethics Debate Regarding Metadata, Boris Reznikov
Washington Journal of Law, Technology & Arts
The American Bar Association recently decided that attorneys are not violating the Model Rules of Professional Conduct by reviewing opposing parties’ electronic documents for metadata. The stance taken by the American Bar Association contradicts views from ethics committees in other jurisdictions that have determined that lawyers who examine metadata are acting unethically. This Article summarizes the American Bar Association’s decision, as well as the other opinions on metadata, to help practicing attorneys understand the proper ethical considerations they must make when determining whether to look into an electronic document’s metadata.
Applying The Americans With Disabilities Act To Private Websites After National Federation Of The Blind V. Target, Jeffrey Bashaw
Applying The Americans With Disabilities Act To Private Websites After National Federation Of The Blind V. Target, Jeffrey Bashaw
Washington Journal of Law, Technology & Arts
The United States District Court for the Northern District of California recently held that websites which are tightly integrated with a physical store must be accessible to the blind, or risk running afoul of the Americans with Disabilities Act (“ADA”). The court in this case, National Federation of the Blind v. Target (“Target”), declined to grant summary judgment for Target, a retailer which operates both physical stores and an e-commerce website, in a suit alleging that Target’s website, Target.com, was discriminating against the blind. This Article will describe the narrow application of Target, which found that websites which are …
Data Privacy And Breach Reporting: Compliance With Various State Laws, G. Martin Bingisser
Data Privacy And Breach Reporting: Compliance With Various State Laws, G. Martin Bingisser
Washington Journal of Law, Technology & Arts
This Article discusses state laws requiring notification of a party whose personal information is held by a business or government agency when the third party’s security is breached and an unauthorized person accesses the personal information. In the wake of the 2005 ChoicePoint data breach, over half of the states passed legislation requiring that companies notify the affected parties after breach of personal information. Most of the state statutes followed the model set forth by California’s Security Breach Notification Act of 2002. However, significant variations exist between the different statutes, which can create compliance problems. This Article specifically illustrates the …
Copyright Liability For Those Who Provide The Means Of Infringement: In Light Of The Riaa Lawsuits, Who Is At Risk For The Infringing Acts Of Others?, Karen Horowitz
Washington Journal of Law, Technology & Arts
To date, the Recording Industry Association of America (RIAA) has become increasingly tough on the illegal downloading of copyrighted materials. In light of the increased prevalence of suits against minors or persons with little ability to pay, individuals or institutions that provide the means for the infringing activities, such as guardians or network owners (including, for example, the owner of an unsecured home network or the owner of an Internet café), need to be aware of the potential liability they might face. To place liability upon an individual or institution providing Internet access, a plaintiff could file suit for indirect …