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Full-Text Articles in Law
Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian
Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian
Washington Journal of Law, Technology & Arts
Two businesses that advertise online, Lane's Gifts and Collectibles and Advanced Internet Technologies, recently filed lawsuits against Google, and other intermediaries that offer sponsored advertising services. The companies allege that these intermediaries failed to adequately protect them against "click fraud." Click fraud refers to the practice whereby competitors and other persons may click to view an online ad with no intention of buying, learning about the advertiser's services, or engaging in any other action that the ad aims to achieve. Plaintiffs allege that the intermediaries breached their contractual duties by charging the companies whose ads they hosted for fraudulent clicks, …
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Washington Journal of Law, Technology & Arts
Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …
To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop
To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop
Washington Journal of Law, Technology & Arts
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information—such as credit reporting agencies—have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches …
Don't Send That E-Mail To A Minor!: Compliance With State Child Protection Registry Statutes, Laura Dunlop
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 …
The Union Workplace Meets Big Brother: Advising Clients On Employer Conduct With Regard To Hidden Surveillance, Jamila Asha Johnson
The Union Workplace Meets Big Brother: Advising Clients On Employer Conduct With Regard To Hidden Surveillance, Jamila Asha Johnson
Washington Journal of Law, Technology & Arts
Hidden cameras may guide a union employer to find employee misconduct, but at what cost? Since the late 1990s, two federal appeals courts and the National Labor Relations Board (NLRB) have required employers to bargain with unions before using hidden video surveillance to observe employees. Until more recently, however, it was less apparent how lawyers should advise clients when an employer wished to use hidden cameras or had already installed non-disclosed video surveillance. In August 2005, the D.C. Circuit Court of Appeals decided a case surrounding surveillance at an Anheuser-Busch facility, which provided further guidance on these issues. This Article …
Podcasting Pop Songs?: Licensing Concerns With Podcasts That Contain Mainstream Music, Jared Barrett
Podcasting Pop Songs?: Licensing Concerns With Podcasts That Contain Mainstream Music, Jared Barrett
Washington Journal of Law, Technology & Arts
Podcasting is a new distribution medium that allows a vast array of users to transmit audio or video programs (“podcasts”) to wide audiences. Typically, recipients use handheld devices, such as an iPod, or personal computer to capture and retain a podcast for later playback. Podcasts are diverse in form and content, ranging from talk-radio shows to political speeches to educational programs. One area of content that has been slow to develop, however, is the inclusion of mainstream music in podcasts. Many podcasters have avoided the use of mainstream music altogether because of difficulties in determining how podcasting music fits within …
Broadening The Scope Of Electronic Reproductions: The Interpretation Of Section 201(C) In Faulkner V. National Geographic Enterprises Inc., Shan Sivalingam
Broadening The Scope Of Electronic Reproductions: The Interpretation Of Section 201(C) In Faulkner V. National Geographic Enterprises Inc., Shan Sivalingam
Washington Journal of Law, Technology & Arts
This Article analyzes the implications of the recent decision of the United States Court of Appeals for the Second Circuit in Faulkner v. National Geographic Enterprises Inc. The court interpreted § 201(c) of the federal Copyright Act to permit National Geographic to compile print issues of its magazine into a CD-ROM digital archive without explicit permission from freelance authors who contributed to the print issues. The court’s decision has raised concern among freelance journalists and photographers who contribute works to newspapers and other periodicals that compile copyrighted works. This Article outlines significant features of the Faulkner decision and analyzes it …
Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai
Easy Come, Easy Go: Copyright Infringement And The Dmca's Notice And Takedown Provision In Light Of Rossi V. Mpaa, Lawrence F. Rozsnyai
Washington Journal of Law, Technology & Arts
In Rossi v. Motion Picture Association of America Inc., the U.S. Court of Appeals for the Ninth Circuit recently held that the notice and takedown provision of the DMCA requires a subjective “good faith” belief that a website is infringing copyrighted material, and not an objective showing by the complaining party. A subjective standard for notice and takedown may do less to promote collaboration between service providers and copyright owners, judicial economy, or fair website management than would an objective standard requiring a minimal degree of investigation. This article concludes, however, that a subjective standard is supported by the …
The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras
The Failures And Promises Of Canada's Alternative Compensation System For Private Reproduction Of Copyrighted Recordings, Evgenia Fkiaras
Washington Journal of Law, Technology & Arts
Canada’s copyright system imposes a levy on manufacturers and importers of blank audio recording media. Revenue raised by this levy goes to the eligible owners of musical copyright—rightsholders. Thus, Canada squarely faces the reality of the modern age by acknowledging that users will duplicate copyrighted material at the same time that it attempts to guarantee compensation to certain rightsholders. Like its counterpart, the American Audio Home Recording Act of 1992, this system has certain fundamental flaws. What these flaws indicate about the future of copyright law is unclear.
The Spy Act: Ditching Damages As An Element Of Liability For On-Line Conduct Between Private Parties?, Andrew T. Braff
The Spy Act: Ditching Damages As An Element Of Liability For On-Line Conduct Between Private Parties?, Andrew T. Braff
Washington Journal of Law, Technology & Arts
The question of how to stymie the proliferation of spyware on computers has been a recurring topic of debate in Congress and in the technology industry. With the passage of the SPY ACT (H.R. 29) a high probability, this article highlights its prohibitions, with particular emphasis on how they change current legal regimes. Most federal computer statutes—insofar as they address actions victimizing private citizens—require damage to the computer. In addition, one of the elements of common law trespass to chattel is damage. Whether intended or not, the SPY ACT subtly introduces a strict liability component into federal computer and Internet …
Applying The Wiretap Act To Online Communications After United States V. Councilman, Jessica Belskis
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 …
Compliance With California Privacy Laws: Federal Law Also Provides Guidance To Businesses Nationwide, Anthony D. Milewski Jr.
Compliance With California Privacy Laws: Federal Law Also Provides Guidance To Businesses Nationwide, Anthony D. Milewski Jr.
Washington Journal of Law, Technology & Arts
Over the past several years, personal information has been lost or stolen as a result of a series of high profile security breaches. In January 2006, the U.S. Federal Trade Commission announced that ChoicePoint will be required to pay $15 million in fines and penalties for a high profile security breach that occurred in 2005. The ChoicePoint breach and similar events have spurred an explosion of state and federal privacy legislation. In particular, the State of California has taken the lead by enacting the strictest disclosure and security procedure requirements in the country. The implications of California’s new laws can …