Law

Cyber law (also referred to as Cyberlaw) is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet. It is less a distinct field of law in the way that property or contract are, as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to apply laws designed for the physical world to human activity on the Internet. Read the full background at Law Wikipedia

Law / Recently Commented

Google Ordered To Release YouTube User Data to Viacom

On Wednesday night, a federal judge ruled that Google must turn over YouTube user activity which includes videos watched, IP addresses, and usernames, to the media giant, Viacom as part of a long-running copyright infringement case. Kurt Opsahl of the Electronic Frontier Foundation says: "The Court's erroneous ruling is a set-back to privacy rights, and will allow Viacom to see what you are watching on YouTube. We urge Viacom to back off this overbroad request and Google to take all steps necessary to challenge this order and protect the rights of its users." However, according to CNET News, there is a heavy protective order in place that will keep individuals' personal information protected in this ruling. Update: PDF download of court order heremore»

The Pirate Bay Calls ISPs Around the World to Block Sweden

In a response to the new wiretapping law that was introduced in Sweden this week, The Pirate Bay is asking international ISPs to block traffic to Sweden in order to protect their customers. In addition, the BitTorrent tracker will add SSL encryption to their site, and roll out a new VPN service. Pirate Bay co-founder Peter Sunde, has written about this issue on his blog. Sunde points out that Belgium has taken Sweden to the Strasbourg court and hopes more countries will follow suit. more»

No Broadband Access for Illegal Downloaders Under New Law in France

A new controversial law in France will ban anyone who persists in illegal downloading of music or films from broadband access. Under a cross-industry agreement, internet service providers (ISPs) are required to cut access for up to a year for third-time offenders. "There is no reason that the internet should be a lawless zone," President Sarkozy told his Cabinet yesterday as it endorsed the "three-strikes-and-you're-out" scheme that from next January will hit illegal downloaders where it hurts. more»

FTC Halts Cross Border Domain Name Con Artists

A U.S. District Court Judge has ordered a halt to the illegal practices of Canadian operators who deceptively posed as domain name registrars and sent bogus bills to thousands of U.S. small businesses and nonprofit organizations for their annual "WEBSITE ADDRESS LISTING." Many of the businesses and nonprofits believed they would lose their domain names unless they paid the bill, so they paid. The Federal Trade Commission alleged that in most cases the defendants did not provide domain registration services, did not provide the "search optimization" services it claimed to provide, and bilked small businesses and nonprofits out of millions of dollars. more»

British Hacker Accused of Biggest Military Hack Fights Extradition to U.S.

Five judges at the UK's highest court are currently in process of evaluating a final appeal against extradition by a computer enthusiast wanted in Washington for the "biggest military hack of all time". Gary McKinnon (nicknamed "Solo"), 44, is accused of causing hundreds of thousands of dollars of damage after breaking into dozens of computers owned by NASA, the Pentagon and the U.S. military. His last appeal to the High Court in London failed after two senior judges ruled he should face trial in the United States. The law lords are expected to give their ruling before the end of July. more»

Experts Concerned Over U.S. Spyware Legislation Being Overly Broad

U.S. Senate bill aims at limiting spyware by seemingly allowing broadband providers, computer hardware and software vendors, financial institutions and other businesses to scan users' computers without authorization. "We think this language is overly broad and could protect activities which could be harmful to computer users," Butler told the Senate Commerce, Science and Transportation Committee. "It would, in effect, allow a software vendor to truly monitor everything that's on a user's computer, essentially setting [vendors] up as an ad hoc police force." more»

Google Says It Will Support Creation of U.S. Internet Privacy Law

In a letter, copy of which was obtained by Reuters yesterday, Google Inc. has told a senior U.S. Republican lawmaker concerned about privacy that the Internet search and advertising company supports a federal privacy law. more»

Anti-Spam Law Violates Free Speech Protections, Says Virginia Court Appeal

A lawyer for Jeremy Jaynes, a man once considered one of the world's most prolific email spammers, has urged the Virginia Supreme Court to strike down a state anti-spam law, arguing it violates free speech protections under the First Amendment. more»

Wow, Sanford Wallace Owes a Lot of Money

Last September MySpace sued ur-spammers Sanford "Spamford" Wallace and Walt "Pickle Jar" Rines were for egregious violations of CAN SPAM. Neither responded, so as was widely reported, earlier this week the court granted a default judgement. Since they sent a lot of spam, the statutory damages came to an enormous $235 million. Even for Spamford, that's a lot of money. more»

Spammers Handed Record $230 Million Anti-Spam Judgment

A federal judge in Los Angeles has awarded MySpace close to $230 million in its lawsuit against "Spam King" Sanford Wallace and his business partner Walter Rines. Judge Audrey B. Collins of United States District Court in the Central District of California ruled in MySpace's favor on Monday after the two men failed to show up in court, according to MySpace... While many spammers have been designated "Spam King," Wallace earned the title back in the late 1990s as a result of spam messages sent by his company Cyber Promotions. more»

Brand Complementors: Implementing a Cooperative Domain-Name Use

The essay expands a cooperative solution to third-party use of brands in domain names. Like any approach that depends on cooperation, the solution will require both sides to change behavior but also allow both sides to take credit for the resulting benefits, i.e. a triangular solution. If not immediately addressed, the problem of third-party use can become a major threat to the industry. But we already know one thing: when it comes to this issue, legal action and bullying don't work. more»

New Publication on Updating the Anti-Cybersquatting Regime and Ad-Based Cybersquatting

Sealing the cracks: a proposal to update the anti-cybersquatting regime to combat advertising-based cybersquatting is the title of an article by Christopher Varas in the April issue of the Journal of Intellectual Property Law & Practice. In this article, the author labels "modern cybersquatting" the monetization of domain names through PPC advertisements, and says that brand owners lack effective tools to combat this practice... more»

Virginia Supreme Court Rejects First Amendment Challenge to Spam Statute

Thanks to Prof. Goldman I see that the Virginia Supreme Court issued its opinion in Jaynes, the state-law criminal spam case that has wound its way through the courts there. It affirms the conviction and rejects the various challenges to Virginia's spam statute... As a side note I should say that it's not often one is actually excited to read an order in a case you're not involved with. This is definitely one of those instances where the excitement is palpable... The news reports billed the case as the first felony conviction for sending spam. more»

Email Address Typosquatting Posing Serious Leakage Threat

During the Black Hat DC 2008 security conference, security researchers urged companies and political organizations to put more effort into registering mis-typed versions of their primary domain names. In addition to protecting visitors to websites, this is also to prevent emails from accidentally leaking out... As part of an investigation, researchers from Symantec registered 124 domains consisting of common misspellings of the primary domains of candidates in the U.S. presidential election. As reported, in a strictly controlled experiment, a mail server was used to count the number of email messages sent to the misspelled domains, finding 1,121 connection attempts from 12 distinct IP addresses in a 24-hour period. more»

As the Comcast Saga Unfolds, Be Careful What You Wish For

Comcast has been in the news recently for deliberately "slowing down" some subscribers and applications in its broadband cable service. There was an article in the Washington Post today updating the case, and there was a recent article in Network World that actually favors the groups filing the complaints and calls for the FCC to crack down on Comcast. more»

Industry Updates

Third-Party Bound to the Clause of a Contract

When contracting parties enter into a contract, third parties generally do not find themselves legally bound to the provisions of an agreement they did not sign up for. However, in the unique case of Compana LLC v. Mondial Assistance SAS, the U.S. District Court for the Northern District of Texas held otherwise. ›››

Oversee.net's DomainSponsor Introduces New Publisher Tools

Oversee.net's domain monetization business, DomainSponsor, today announced that it is rolling out a new set of publisher tools at T.R.A.F.F.I.C. East, which will be held in Hollywood, Florida from October 24 - 28, 2006. ›››