Intellectual Property Law
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Post Frequency: 1.2/day Last Entry: November 19, 2009 at 15:47:00 Recent Entries: 414
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French Copyrights for Internet
Posted on November 19, 2009To whom it may concern, We are a multimedia events company in Montreal, Canada and are looking for information concerning a public event we are organizing in Lyon, France. I'm not sure, exactly who we should be contacting for this but we have a hard time figuring out the procedures to clear music and video rights for our event...
Online Privacy Guide for Internet Users, Practical Suggestions and Recommendations
Posted on November 10, 2009INTRODUCTION The purpose of this guide is to help users understand their online privacy rights and remedies, and to know how and where to obtain relevant information about protection of their privacy rights. Privacy over the Internet is an evolving issue...
ON-LINE MORTGAGE FRAUD IN FLORIDA ?
Posted on November 06, 2009Website: http://www.sarasota.realforeclose.com We are wanting to nullify a sale which occurred over the above website. I am having a very difficult time finding out the ramifications of a literally "BROKEN" EULA contract. I have created a timestamped copy of how the website looked when we made our purchase: www...
Defamation Lawsuit?
Posted on October 29, 2009Legal Issue:I have a question. My information was put on Craig's List website for sex and other things, by somebody not myself. Is there anyway to sue or prosecute that person? I talked to local law enforcement and was told that because that person did not take money or anything like that there was nothing that could be done...
Breach of Contract?
Posted on October 26, 2009I ordered a Sprinter Van manufatured by Mercedes Bentz. I made this order over the internet and requested this van with certain dimensions. The van I ordered was a 170 inch wheelbase, extended van body with a high roof. When the van was delivered, it was not the ext van which elimnated over 1200 sq...
Refund Refusal: Need US Representation
Posted on October 26, 2009Legal Issue:I live in France and in January 09, I made a deposit to attend a self-improvement program hosted by a New-York City based company. At the time I made the deposit, the refund policy (displayed on their website) was that they could hold up to $500 of the money already received...
LAW FIRM for LIBEL Case
Posted on October 23, 2009Legal Issue:Physicians are under attack in general. Some of the most distressing assaults come from doctor rating websites where any "nut job" who feels he didn't get value for his $10 co-pay can publish for the world to see any libel he wishes about his physician-victim without revealing his identity...
Paypal Scam Payment?
Posted on October 22, 2009Legal Issue:how long is acceptable scams? Hi! Dear,sir! I've paid DHgate with paypal for a particular item Oct. 13, 2009 10:56:16 PDT Transaction ID: 8R7070062N151135G,but the Company to date do not provide any clear answer.One day I receive confirmation ,that the money has been received, but after a few hours the opposite pattern, that money has been not received...
VAT Levied on United States Internet Services Providers in the United Kingdom
Posted on October 19, 2009Between 1997 and 2001, the Commissioners of Customs and Excise did not subject foreign telecom suppliers supplying mixed packages in the United Kingdom to value added tax (VAT). Yet, after February 2001, the commissioners considered that foreign telecom suppliers could be subject to VAT when supplying mixed packages in the United Kingdom (UK) and it was proved that the provision of telecom services was the predominant part of any package of services supplied...
Hidden Video Cameras at the Workplace: is this a Violation of Privacy?
Posted on October 14, 2009Technology is invading people?s space and depriving them of their right to privacy. Installation of hidden video cameras at the workplace, for instance, is a current topic that deserves legal attention. Most employers, usually for security reasons, are installing surveillance systems at the workplace...
Import to Brazil
Posted on October 12, 2009hi... I wonder how I can buy a bike kx250f in the United States of America or in China and bring the bike to Brazil with certainty that she checks up to me and not get stopped in customs, I would like to know which documents to import and value rates, and would not be necessary because emplacar and a motorcycle off-road this bike costs around $ 3500...
The Single Publication Rule Applied to Internet Defamation
Posted on October 11, 2009Certain traditional torts such as defamation are gaining significance in cyberspace. Internet defamation has risen and will continue rising as the Internet penetrates our lives. In the United States, for instance, there are numerous precedent decisions solving particular issues of defamation when this tort is applied to the cyber world...
International Tax Question
Posted on October 09, 2009Company: M/UX, Inc.First Name: LizLast Name: ZainasheffPhone: Email: liz@mux-ed.comPhone: 916-226-2536Address: 9245 Laguna Springs Drive, Suite 315City: Elk GroveCountry: United States==========================================Legal Issue:M/UX delivers technical training via the internet that originates in either California, Colorado, or Arizona...
Multi-National Shareholders?
Posted on October 07, 2009Me and a friend of mine will be starting a business together. My friend is from US and I am in India. He has setup a firm and wants to give me some shares for the same. How would be this possible as I am a citizen of India and he is from US. Is there a possible way we can be partners accross countries & continitents? Is there a way he can have me as a share holder in his company?First Name: PranayLast Name: AroraPhone: Email: pranayarora81@gmail...
Data Processing Services under the Australia-India Double Taxation Treaty
Posted on October 04, 2009Double taxation avoidance agreements are significant for e-commerce transactions and, particularly, for transactions involving foreign outsourcing of data processing services. Application of these agreements, however, may turn complex in cases involving technology and data processing services...
GPS Tracking for Children: Is It a Violation of Children?s Privacy?
Posted on September 30, 2009Nowadays, we can use a GPS (global positioning system) to track our children?s steps. A child locator or kids GPS is an advanced technology system that helps parents know where their children are. The system provides immediate wander alerts and directional guidance so parents know the specific location where their children are and are aware if children get away from school or ?authorized zones...
Buy Wellbutrin
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Buy Tramadol Without Prescription
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Court-Ordered Parenting Programs: State Courses v. Out-of-State Online Courses
Posted on September 27, 2009United States (U.S.) family courts are increasingly ordering parents facing divorce with minor children to attend parenting programs. These programs are designed to help parents and children solve those major issues that divorce brings, such as adjustment of children to parental separation, dispute resolution and conflict management, visitation guidelines, united parenting, and stress reduction in children...
Buy Wellbutrin
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Individuals Standing in Actions for Annulment
Posted on September 23, 2009The European Union (EU) Directive 2002/58/EC of the European Parliament is the community law concerning the processing of data and protection of privacy in electronic communications. As any other EU Directive, Member states must incorporate Directives' precepts within their domestic legislation...
Is there any web hosting regulation for foreign online retailers who want to ship products to US?
Posted on September 21, 2009I'm a researcher consulting for a foreign e-commerce business. They want to start selling/ship their products to the USA through their website. Apperantly, it is requiered that they have its website on a server in US in order to sell/ship products to US consumers...
The U.K. Gambling Act 2005, Part I
Posted on September 20, 2009The United Kingdom (U.K.) Parliament enacted the Gambling Act 2005 to regulate three major gambling categories: gaming, betting, and lottery. This Act, among others, establishes the Gambling Commission; sets license requirements, including operating, personal, and premises licenses; identifies gambling offenses; sets rules for the protection of children and young persons; regulates gambling advertising; and addresses the legality and enforceability of gambling contracts...
Internet-Computer Legal Protection?
Posted on September 18, 2009What are some areas that might need protection, but are not protected by current laws pertaining to computers? Do we need new legislation to deal with these problems ?First Name: BarbaraLast Name: glodfelterPhone: Email: sassybarbe@hotmail.comPhone: 775-537-0227Address: 4031 moapa stCity: pahrumpCountry: United States==========================================Legal Issue:
Bosnia & Herzegovina Protection of Personal Data
Posted on September 16, 2009Concerns about cybercrime and identity theft lead to the enactment of Bosnia and Herzegovina Law on the Protection of Personal Data 2006, which intends to protect citizens? right to privacy. The law provides for the establishment of an Agency for Protection of Personal Data, which is still in the process of being formed...
Tradetang Ripoff?
Posted on September 14, 2009What rights do American consumers have when merchandise they purchased on Tradetang, that clearly illustrates American made products, is ripped off when what they actually receive are counterfeit knock-offs? I purchased 2 guitars on Tradetang from a merchant whose user name is wanglaoj117 and whose ad pictured a vintage Mosrite and Rickenbacker 370-12 guitars but what I received without warning after I placed an order for one of each were blatent substitutions that violate U...
Hong Kong?s Criminal Copyright Infringement: What Constitutes a Copy Capable of Distribution?
Posted on September 13, 2009Hong Kong not only straightened its copyright laws, but its authorities are actively prosecuting copyright violations; a smart move in an increasingly globalized economy. Hence, not always, statutory rules are clear and it is in these cases when courts render legal interpretations...
Education Program Requirements?
Posted on September 11, 2009Dear Sir / Madam I have three programs for education and training development, and I would like to register them as a (Brand Names) in one state only with the minimum limit. Could you please tell me about the cost and the time needed for registration and sending me the certificate of registration by post...
Be Careful- There May not be Reasonable Expectation of Privacy in Text Messages
Posted on September 09, 2009Is there reasonable expectation of privacy in text messages? Just as this question arouse in the context of e-mails, telephonic conversations, computer information, and other technological means, users are now wondering whether their text messages are truly private...
Desist Order for Online Gambling?
Posted on September 08, 2009Our company www.twonix.com has developed software that is available as a free download to users. The software enables users to view and access their personal betting accounts and place bets using their accounts. The software also downloads and displays locally, all the odds available from the different betting agencies that a user can bet into if they have an account...
Server Location Requirements
Posted on September 08, 2009Hello, I want to set up a collaborative platform (web application) for my company to share datas among people working in Europe and United States. Is anything in the US law telling what the server location should be ? Is it related with the kind of datas and their confidentiality (aircraft) ? Could the server be located in Europe if my company is registered under the US law ? Thanks for your help...
New Online Business Requirements
Posted on September 08, 2009==========================================Legal Issue:I currently do not possess a company which does business on the net. Neither do i have a company that runs conventionally. However, I am planning to establish a company online that sell soft copy products such as software and programs...
Finding the ?Anonymous Dogs? on the Internet: Court-Authorized Investigations of Anonymous Illegal Conduct
Posted on September 02, 2009A well-known New Yorker cartoon with two dogs at a computer ran with the caption, "On the Internet, nobody knows you're a dog." The apparent anonymity of Internet users can be a source of significant frustration to businesses that are exposed to a wide variety of anonymous or disguised threats or actions...
Green Card/Visa Questions
Posted on September 02, 2009Hi.I am an American citizen.My son is in America.He is a student.He is 23 years old.He came to America on Sept.08 ,2001.Visa type B-2 , which expired on mar 07,2002.Then I got green card I applied for his green card/sent to INS petition for relative,form I-130/...
Postal Issues
Posted on September 02, 2009I receive a letter from husbands ex-wife. The envelope had been obviously reuse as labels had been removed and handwritten over, the post(made by a office postal machine? marked July 15, 2009. The letter inside was dated Aug 28, 2009 and Aug31, 2009...
Blogs & Companies? Criticism: Where Settlement Agreements should be Published?
Posted on August 31, 2009At its inception, blogs were forums used by individuals to vent personal statements about issues or people; thus far, its evolution is showing an increase of blogs for companies? agendas. Those companies in the conservative side are using blogs to publish informative and marketing material written by their own staff or customers; other companies, less conservative, are using blogs to criticize their competition...
UK Blogger Can?t Sue for Defamation for Posting on His Own Blog
Posted on August 26, 2009The UK High Court recently held that a claimant, who was criticized in the comments section of his own blog, cannot sue for defamation, since he could have deleted the comment but failed to do so. Carrie v. Tolkien [2009] EWHC 29 (QB) (15 Jan. 2009). The court noted that the plaintiff could have removed the offending comments posted on his own blog, which he saw four and a half hours after they first appeared...
Attorney Fraud?
Posted on August 26, 2009My employer provides me with a computer for my home to work one of my 5 work days from my home. I also use the computer for personal use. Here is my problem. My husband and I are in a nasty divorce, with my husband still living in the same household...
Envisioned Effects of E-Commerce in the European Union?s Single Market- Part II
Posted on August 23, 2009This is the second part of this article. In part I, an introduction and the first two categories of effects of e-commerce in the European Union?s single market were presented as envisioned by the Economic and Social Committee of the European Community Commission in 2001...
Non-Delivery of Prepaid Equipment
Posted on August 19, 2009Dear sirs I´m researcher and I've bought an equipment TURBOVAP to LABCENTRAAL, Nederland. I paid in advance 4,600 euros (in April 2009) but I did not receive the equipment and they did not answer email, phone,etc. Could you please help ?Faculty of Engineering PortoFirst Name: ArmindaLast Name: AlvesPhone: Email: aalves@fe...
United States Discovery Rules v. Foreign Data Protection Laws
Posted on August 18, 2009Under the United States (U.S.) Federal Rules of Civil Procedure (FRCP) a federal court, and states courts, may compel discovery of certain documents. Hence, may a court order discovery of documents found in a foreign country and protected under foreign data protection laws? It may, first, be said that this would be an extraterritorial application of U...
Envisioned Effects of E-Commerce in the European Union?s Single Market
Posted on August 16, 2009The Economic and Social Committee of the European Community Commission envisioned the effects of e-commerce in the European single market in 2001. These envisioned effects are similar to those e-commerce has caused in most countries? markets. Reproducing them in this article is helpful to determine how accurate those predictions were back then and serves as example for those developing markets whose e-commerce is still at a developing stage and for other less-advanced economic regional groups...
Top Communication Complaints by United States Consumers in 2008
Posted on August 12, 2009On May 2009, the United States (U.S.) Federal Communications Commission (FCC) released its report on the top subject areas for inquiries and complaints received by the Consumer and Governmental Affairs Bureau (Consumer Bureau) during the last quarter of 2008...
Online Credit Card Payments
Posted on August 10, 2009Dear sir or madame, We plan to start a online-shop in the USA. Therefore I need some information about the legal requirements for websites and online-shops with credit card payment in the US. Which information needs to be published on website and the online-shop? Information about the company, about privacy, information about credit card payment...
Arbitration Clause and Internet Contracts of Adhesion
Posted on August 09, 2009According to the Appellate Court of Illinois, an arbitration clause in Internet contracts is not necessarily unconscionable and is binding on the parties to the agreement. Yet, some requirements must be met. Arbitration is a common alternative dispute resolution mechanism for Internet contracts involving parties located in diverse jurisdictions and contracts to which several laws may apply, and this decision is extremely important for online retailers and their customers...
Pirated Games Played on the XBOX System
Posted on August 02, 2009The XBOX system is currently one of the most popular video game systems in the market. Its popularity may be that it (1) contains excellent vivid graphics, (2) can be played by adults, and (3) allows games to be played live through the Internet so people all over the world can connect to play the same game...
Can EU Internet Service Providers Provide Information Regarding Copyright Infringers?
Posted on July 29, 2009Databases recovered value with the imposition of the Internet. Nowadays, companies significantly invest in collecting, protecting, maintaining, and securing their databases. It is also clear that privacy laws in the United States (U.S.) and the European Union (EU) protect personal identifiable information found in databases, and that Internet Service Providers (ISP), specifically, can only reveal this information to public authorities conducting criminal investigations or for national security purposes...
Intellectual Property Rights in Argentina
Posted on July 27, 2009Argentina protects copyrights, patents, and trademarks; they are called industrial property rights. This article presents the laws regulating copyrights and trademarks and the basic concepts involved. In addition to these laws, Argentina is signatory to the major treaties of the World Intellectual Property Organization (WIPO)...
Folk Medicine:A Vermont Doctor's Guide to Good Health
Posted on July 27, 2009I am from Brazil. I'd like to know who is the real copyright holder of the book "Folk Medicine: A Vermont Doctor's Guide to Good Health " by Deforest Clinton Jarvis. I intend to translate and sell the book here in Brazil, that's why I would like to know the question above...
Is an IP Address Personal Information under Hong Kong Privacy Law?
Posted on July 22, 2009Privacy laws protect personal individuals? identifiable information. IP (Internet protocol) addresses itself are not considered personal information, although they may lead to other individuals? personal information such as address, telephone number, name and date of birth, among others...
Electronic Contracts
Posted on July 22, 2009Am an importer based in Kenya and dealing with the importation of second hand clothes. I happened to meet a company based in USA through the internet and after several communication through e-mails and telephone calls, we decided to send 50% deposit for the packaging of the container, the other 50% was to be sent upon receiving the bill of landing...
Must Cable Companies Providing Internet Services Notify Subscribers of Personal Information Given to the Government in Criminal Investigations?
Posted on July 19, 2009The United States 1984 Cable Act (CA) regulates provision of cable services. At the time of its enactment, cable companies did not provide Internet services, as it is a common practice nowadays. CA regulates cable and ?other services.? Whether Internet services rendered by cable companies are regulated by the CA is still a matter of debate, and opinions are split among United States district courts...
Japan?s Privacy Law
Posted on July 15, 2009Corporate use of the Internet prompted governments? revision of privacy laws. Nowadays, personal and sensitive information is stored in and handled through computers and intranet. Thus, privacy law is added to the group of laws a corporation must comply with; and when those corporations network internationally, knowledge of foreign privacy laws becomes an imperative...
Privacy Law
Posted on July 14, 2009I have some basic questions about disclosures specific to my site, as well as questions in regards to privacy laws in terms of photos. email is preffered. Thank You E-Mail Address- dbrzeszcz@yahoo.com
Transmission of a Malicious Program under the Computer Fraud and Abuse Act and Circumstantial Evidence
Posted on July 13, 2009The Computer Fraud and Abuse Act- CFAC, 18 USC § 1030, regulates fraud and related activities in connection with computers. This United States federal statute lists several criminal conducts committed through the use of a computer. For instance, one of the criminal conducts the CFAC sanctions is the damage caused to a computer system through violation of programs or passwords...
Passing Off and Deceptive Advertising under Belgium Law
Posted on July 07, 2009E-Commerce is bringing new meaning to advertising laws; governments are updating these laws and people are searching for them in their endeavor to expand businesses abroad. Although most advertising laws have the same principles against deceptive and false advertising, some countries have particular rules not found in other jurisdictions...
Prohibition from Accessing the Internet as Defendant?s Condition of Supervised Release
Posted on July 05, 2009Defendants in criminal proceedings are imposed conditions or restrictions when granted supervised release. Now with Internet crimes on the rise, United States (U.S.) courts are imposing the prohibition from accessing the Internet as condition of supervised release...
MOBILE PORNO, HOW TO PROTECT YOURSELF IN CYBERSPACE
Posted on July 01, 2009MOBILE PORNO HOW TO PROTECT YOURSELF IN CYBERSPACE Introduction Internet is a global connection of networks and, therefore, it is difficult to exercise control over the Internet. Yet, control is necessary. To exercise maximum control, it is important to take actions at three fronts simultaneously, 1...
Social Network Membership Subscription
Posted on July 01, 2009Legal Issue:We manage an Internet Social Network service for a company in Belgrade, (Serbia). The service is a Social Network where we charge an annual membership fee to a user to use the social network. The strict definition of the payment is a "Membership Subscription" to the social network and could be a monthly or yearly subscription...
How do I set up a company in these countries
Posted on July 01, 2009a saudi company located in saudi arabia need's the folwing · Setting up of Legal Entity in 9 countries as listed. (Business Nature : Commercial Services) · Legal Formalities To be handled and executed and complete registration process · Minimum Capital Requirement for Limited Liability Company · Representation - Sole or With Local Partner · Government Fee · Duration for Registration · Foreign Taxation & Zakath · Office Rental · Lawyers Fee Countries Proposed: · Indonesia · Egypt · Kuwait · Pakistan · Iran · Philippines · Yemen · Malaysia · Sri Lanka, Yasser
Any rule against online racist comments?
Posted on July 01, 2009I have a question. Are there any laws against someone making rude and racist comments on a public forum page?
EU E-Commerce Law
Posted on July 01, 2009Hello, I am planning to start a new business on internet. My question is the following can you give me some advise on where to find or download a complete document of the internet ecommerce law in the european union? I consider that one of the first things I need to know is the legal threater of ecommerce in Europe to start this new adventure...
Behavioral Advertising in the United States
Posted on June 28, 2009Despite its seeming anonymity, Internet use can be traced by government authorities and private companies. Online advertising companies, search engines, and, in general, those engaged on Internet advertising collect Internet users? searching data. This is called behavioral advertising...
Ponzi Scheme on the Internet
Posted on June 24, 2009Ponzi schemes are flourishing in the world; as a manifestation of the inexhaustible money and power ambition that drives the 21st -century society. It is difficult to assimilate how brilliant minds, such as those conducting these schemes, can infamously steal money from elderly, children's inheritance, and from those who have worked hard to save for retirement...
European Convention on Human Rights v. Privacy Violations and Data Held by Internet Service Providers
Posted on June 24, 2009European Convention on Human Rights v. Privacy Violations and Data Held by Internet Service Providers European citizens claiming violation of privacy have looked for legal remedy on articles 8 and 13 of the European Convention on Human Rights when their domestic legislation does not provide effective response to their claims...
IRS Proposed Rules to Substantiate Business Use of Employer-Provided Cell Phones
Posted on June 17, 2009United States fast-paced business environment prompts employers to provide telecommunication devices to employees so they can achieve business' goals. The Internal Revenue Code (IRC) allows employers to deduct expenses associated with business use of telecommunication devices, including cell phones...
ONLINE SHOPPING: AN OVERVIEW OF THE LEGAL PITFALLS FACING BUSINESS TO CONSUMER E-COMMERCE WITHIN THE CONTEXT OF THE SOUTH AFRICAN LAW
Posted on June 14, 20091. Introduction Purchasing goods and/or services online is quick, convenient and allows the purchasing or selling of services and/or goods outside the borders of a country.[1] The online parties, especially the purchaser, generally known as the consumer,[2] is seldom concerned with the meaning of the term, 'e-commerce'[3] and the legal ramifications of online purchasing but is more interested in the advantages[4] of cyber shopping that can vary from purchasing a plane ticket to books or accommodation to software...
Malta's Electronic Commerce Act
Posted on June 14, 2009Malta, a European financial center located in the Southern areas of the Mediterranean Sea, has developed comprehensive e-commerce legislation and is an active e-commerce player. In 2001, Malta's government enacted the Electronic Commerce Act III, which has been amended five times (2002, 2004, 2005 and twice in 2007)...
Software Contracts and the Predominant Factor Test to Determine UCC Applicability
Posted on June 11, 2009It is complex to determine whether the United States Commercial Code (UCC) applies to software contracts. The UCC applies to the sale of goods and software can be considered goods in some cases but service in other situations. Thus, the analysis must be made in a case-by-case basis...
Are Government Peer-to-Peer Software Searches Constitutional?
Posted on June 07, 2009Cybercrime is rising and so are government computer searches. This is because when cybercriminals find new ways to conduct their activities, governments have to find new avenues to gather computer evidence. For instance, in certain cases United States law enforcement agents use peer-to-peer software to extract evidence from criminals' computers; this requires especial software and Internet connection at both ends...
Will ICANN Drop its Biggest Revolutionary New Idea? Five Reasons
Posted on June 04, 2009ICANN, the Internet Authority is up against the wall, and here are the top five reasons for which it may simply drop its greatest revolutionary idea of offering a brand new type of a designer domain name to fit the next generation of widely expanded Internet and cyber realities of tomorrow...
Can someone publish public information about me in his/her website?
Posted on June 04, 2009A person has used public information from the US department of Commerce about an arrest for an export violation. This person then published this damaging information on his website with damaging commentary. What criminal law has he broken?
Computer Contracts and International Law
Posted on June 03, 2009Computer or Internet contracts are increasingly being celebrated between parties located in foreign countries. Although experienced companies on these international dealings carefully select a choice of law and jurisdiction clause, it is vital to know what international laws could be applicable to these contracts in case those laws are more advantageous...
How can I stop Internet slander against me?
Posted on May 31, 2009Someone posted a slandering comment about me on craigslist. Another website pulled the information and now has it on there page. When you google my name these horrible remarks and slanderous comments are in full view and appear for the world to see. This is causing and creating problems for me in all areas of my life...
European Union Legislation on Electronic Communication Networks
Posted on May 31, 2009Electronic communication networks (ECNs) are technological means that facilitate e-trading; governments deliberately regulate them because they are used to trade financial products. The European Union (EU) has extensively regulated ECNs through a framework directive and additional directives commonly known as Specific Directives...
How can I stop Internet slander?
Posted on May 30, 2009I know of someone who is being slandered on the internet. Some guy is posting fake websites and information about him. What can he do to stop this?
Is it legal to wage money playing PC online videogames?
Posted on May 30, 2009Dear IBLS, This is a very specific question regarding Internet law. I need to know under what circumstances is it legal in the U.S.A. to wage money playing PC online videogames such StarCraft, Red Alert 3 and Unreal Tournament. So far there is a company based in the U...
Synopsis of Colombian Copyrights Law
Posted on May 27, 2009The increase use of databases, electronic libraries, and many other Internet services worldwide awaken the need for information about other countries laws; particularly copyright, privacy, and cybercrime laws. This article provides a synopsis of Colombian copyright laws...
would like to know what rules and regulations cover the practice of advertising on Hong Kong
Posted on May 27, 2009I would like to know what rules and regulations cover the practice of advertising on Hong Kong (.hk) domains? More specifically are there any restrictions on medical product and services advertising.
Is your Employer Snooping in your Personal E-Mail Account? See what the Law Says about Recovering Damages
Posted on May 25, 2009It is clear that employees do not have any expectation of privacy in the e-mail account provided by their employers; but what about personal e-mail accounts accessed through the employer's computers at the place of employment? I am referring to that employee that gets bored at work and frequently visits his or her yahoo e-mail...
Deceptive Trade Descriptions and False or Misleading Statement in Advertising under Ireland's Consumer Information Act 1978
Posted on May 20, 2009E-Commerce has revived consumer protection laws relevance. Understandably, consumer protection must be invigorated in a medium built upon advertisement and consumer trust such as the Internet. Most countries, such as Ireland, apply traditional consumer protection and advertising laws to e-commerce transactions...
Mixed Transactions under the Uniformed Computer Information Transaction Act
Posted on May 17, 2009The Uniformed Computer Information Transaction Act (UCITA) is a proposed law whose goal is to provide uniformity to information technology transactions just as the Uniformed Commercial Code (UCC) does for the sale of goods. "Mixed transactions" are those that involve computer information and other subject matter and may be subject to one or more sources of contract law...
Questions on Electronic Transfer Funds
Posted on May 17, 2009My company had funds illegally transferred from it's checking account by someone who managed to gain access to a computer in our office via a remote computer. This person entered the bank's ACH payment system and transferred two payments to seperate bank accounts at Bank of America and Wachovia back in the amounts on $7,200 and $7,400...
Intellectual Property Rights on Films
Posted on May 17, 2009Further to the report written for the Internet Business Law Studies 14/Nov/07 regarding Copyright releases as they affect film and movie producers and companies. I have a client whose house and garden was used in a full length feature film some 50 years ago...
What Rights does an Individual Have on the Internet?
Posted on May 17, 2009Dear Internet Business Law Services Please would you help me. I am unable to find any information locally. What are my rights in the following situation: An on-line publication published an article that was written about my business partner about 18 months ago...
I am in China and was defrauded by a Pakistani Partner, What can I Do?
Posted on May 17, 2009Hi, I was wondering if you could give me any advice. My father owns a textile business in China. He was recently defrauded by his Pakistani partner. He has already contacted the Pakistani embassy and is seeking help from lawyers in China, but I was wondering if there is anything else he could do or that I could do to help him...
Bolivia's New Consumer Law
Posted on May 05, 2009Bolivian, for the first time, has a consumer rights law. Supreme Decree No. 0065 of April 3, 2009, regulates users' and consumer's rights for the first time in Bolivian legislation. The Decree stipulates and determines users' and consumer's rights, the competent authority to resolve consumer conflicts, and the proceedings for consumer or user complaints...
I need information on how to do business in Turkey
Posted on May 05, 2009Dear Sirs, We are in the Import , Export , and Distribution (General Merchandise) and Packaging Business,in New York , that we are interested to have some information about doing business in (to establish our Regional office) Turkey, if possible. By stating the above mentioned points,may we ask for your kind cooperation if please kindly let us have some detail information about doing business in Turkey, i...
How can I calculate the VAT I have to pay?
Posted on April 20, 2009hi i am planning to open retail business in ireland for that i need to import goods from uk how can i calculate how much VAT i will have to pay,how can i claim it back.do i need an accountant for just small business. thanks shivek
Can this be done?
Posted on April 17, 2009Internet Company "A" provides a service to its customers. Customers "T", "U", "V" all pay 15.00 per month to company "A". Customer "T" accesses the web site and completes 8 assignments from the website at 100% accuracy. Customer "U" accesses the web site and completes 4 assignments at 80% accuracy...
I am starting an Internet radio statio; are there royalties involved?
Posted on April 17, 2009We are starting an internet radio station. However we are only planning on streaming local music. Unsigned and Indie label music. What legalities are involved with this? Do we need written permission of any labels and musicians? Are there royalties involved? What do we need to know before we can even stream? Thanks for your time...
SEC Issues GLB Model Privacy Form Test Data
Posted on April 16, 2009The Federal Trade Commission announced today a Federal Register notice describing quantitative consumer testing of a model privacy form developed as part of a Gramm-Leach-Bliley Act (GLB) interagency notice project. The Securities and Exchange Commission has released for public comment the quantitative test information...
Public Hearing in Berkeley, California, to Focus on Intellectual Property
Posted on April 13, 2009The Federal Trade Commission today announced the fifth and final hearing in a series exploring the evolving market for intellectual property. This hearing will be held May 4-5, 2009, on the campus of the University of California at Berkeley, in cooperation with the Berkeley Center for Law and Technology [http://www...
Masters and Doctorate degrees in Taxation and Financial Services
Posted on April 09, 2009Thank you for requesting information in the past about the Masters and Doctorate degrees in Taxation and Financial Services ? brought to the convenience of your computer from The Thomas Jefferson School of Law (TJSL) an ABA Accredited law school We are accepting new students (accountants and lawyers) for the Summer and Fall semesters...
Sinking Copyright Piracy to Protect & Create Jobs
Posted on April 07, 2009In Southern California this morning, the House Foreign Affairs Committee is holding a field hearing regarding global copyright piracy. Today's gathering is especially timely as aficionados prepare for the summer movie season, and as Congress and the administration consider ways to combat this form of job-destroying theft...
Someone is extorting my clients' websites, what can I do?
Posted on April 06, 2009My company and my clients are being extorted for £1,000s per month by a turkish individual who repeatedly hacks sites that are of economic importance to my client base. The perpetrater is in Turkey we are based in the UK but he has now enlisted a UK citizen who claims to represent his company...
U.S. Chamber Highlights Impact of Intellectual Property Rights on Job Creation
Posted on April 01, 2009The U.S. Chamber of Commerce?s Global Intellectual Property Center (GIPC) today partnered with the Confederation of British Industry for the Third Annual Global Intellectual Property Forum in London. Taking place on the eve of the G-20 Summit, today?s discussion focused on the role of intellectual property (IP) rights in stimulating job-creating innovation...
EU Agency Responding to the European Commission?s Call for Action against Cyber Threats in Europe
Posted on March 30, 2009EU Agency responding to the European Commission?s call for action against cyber threats in EuropeThe European Network and Information Security Agency, i.e. the EU Agency ENISA, today responded to the communication by the European Commission earlier today...
Oxford-IBLS Publication: Be First to Read ?Global E-Business Law and Taxation?
Posted on March 25, 2009IBLS and its global legal network of experts bring you a representative masterpiece of global e-commerce and tax legislation! IBLS presents to you the first book in Internet law series, created in partnership with Oxford University Press: ?Global E-Business Law and Taxation? http://www...
We need a tax planning expert for an offshore e-commerce business
Posted on March 23, 2009Hello, We are launching new enterprises overseas and need expert tax/legal planning to accomplish our goals. We've talked to and even consulted with a number of so-called experts in the subject of offshore eCommerce, but still have not found the professionals we are comformtable with to help us best structure our operations...
How can I stop the banking from paying a letter of credit?
Posted on March 23, 2009My company, a bicycle taxi service, contracted with an overseas exporter in another country to purchase 50 boxes of bicycle taxi or rickshaw parts of various types. The exporter secured an irrevocable letter of credit from a bank here that named the exporter as the beneficiary...
ENISA Kicks off Emerging and Future Risks Identification: Remote Health Monitoring and Treatment Scenario Assessed
Posted on March 23, 2009The EU Agency ENISA [European Network and Information Security Agency] today released its report presenting major potential Emerging and Future Risks [EFR] in a possible remote health monitoring and treatment scenario. The report is the result of an Emerging and Future Risk assessment based on scenario building and analysis...
What is the difference between international business law and international commercial law?
Posted on March 18, 2009I want to work at a company as a legal adviser and do something such as prepare contracts,bid,and etc.I am an international student and i want to continue my education in international business law in postgraduate.Is it suitable and useful for me or not?if not what's you suggestion? what exactly do international business law?what the different between international business law and international commercial law? thanks...
Can I have a website posting information on businesses' payment patterns?
Posted on March 12, 2009As a small business operator in the service sector, I have many unpaid invoices. I have been thinking of putting together a member run website to include a database that members can post to or search for customers that did not pay for the service they received...
Home Searches and Computer Seizures under the European Convention on Human Rights
Posted on March 11, 2009The European Convention on Human Rights (the Convention) sets human rights and fundamental freedom principles applicable in the member states. Article 8, in particular, confers people the right to respect for his private and family life, his home, and his correspondence...
How can I run an online poker game without violating Internet gambling laws?
Posted on March 10, 2009currently run an online forum about bodybuilding and anabolic steroids. Alot of my members like to play poker. So, I found an affordable poker software that my server can run and it doesn't even have any payment gateways or anything built in. I want to be able to generate more revenue for the site using this software somehow...
How are we going to be taxed when we sell on the Internet?
Posted on March 10, 2009We would like to ask you few questions: We intend to form a LLC in Wyoming (or Nevada) and start e-commerce site, purchasing goods from US wholesalers and/or dropshippers and deliver to US clients. We will receive payments using US merchant account. We are not US citizens...
Finding the ?Anonymous Dogs? on the Internet: Court-Authorized Investigations of Anonymous Illegal Conduct
Posted on March 09, 2009A well-known New Yorker cartoon with two dogs at a computer ran with the caption, "On the Internet, nobody knows you're a dog.? The apparent anonymity of Internet users can be a source of significant frustration to businesses that are exposed to a wide variety of anonymous or disguised threats or actions...
Do I violate patent law if I sell my personal, used patented items on eBay?
Posted on March 05, 2009The European Union Affords Harmonized Protection to Computer Programs
Posted on February 25, 2009The European acknowledged that the development of the software industry required legislative protection. It specifically acknowledged that copying software involves significantly lower costs than producing it and, therefore, legal protection would incentivize this industry...
I need a trademark attorney in HongKong
Posted on February 24, 2009I would like to engage Ms Martha L Arias or any of your lawyers to file a T6 form to the Hongkong Registry of Trademarks. Please advise cost. Your urgent response would be appreciated. Rgds Siew Eng
India-Based Attorney- Offers Legal Services in India
Posted on February 24, 2009I am India based advocate, highly professional and having good accadamic carier upto Master Degree in Law wants to share his legal knowlhaege and offers their legal services to desired people across the world. Thank You. Imran Samol, +919825421316
Is the Pen Register and Trap and Trace Devices Act Applicable to the Internet?
Posted on February 22, 2009The United States enacted the Pen Register and Trap and Trace Devices Act (the Pen/Trap Act), in 1989. The Pen/Trap Act prohibits the installation or use of a pen register or a trap and trace device without first obtaining a court order. Initially, a pen register and trap and trace device were defined as instruments used to collect numbers dialed in or out a particular phone...
We offer saving services through bonds in UAE, how can I have a U.S. customer center while transactions occur in UAE?
Posted on February 20, 2009Hi there, There is a company in the UAE that offers savings services through bonds. I would like to offer this to people in the US. Can you tell me how I can do this by simply having a customer care center here in the US and transactions happening directly to the UAE? Thanks Uzma
Our company is selling only Walmart products, can we use their website's images without infringing copyrights?
Posted on February 20, 2009I am in the process of opening a business that will allow users to shop online for groceries which we in turn deliver to their door. We would like to have photos for all of our products, but we are concerned about copyright infringement. Our service shops exclusively at Walmart...
Internet Advertising is Mass-Marketing for Purposes of Sentence Enhancement in Wire Fraud Cases
Posted on February 18, 2009Consumers are becoming constant victims of Internet fraud; for this reason, they must get educated on the type of crime these actions typify and the enforcement authorities to whom consumers may resort. There are many types of Internet fraud, but the most commonly used is the offering of goods or services by misrepresentation or false pretenses, i...
Law and Jurisdiction for International Litigation in Germany
Posted on February 16, 2009Although international law and litigation is long-established conceptually, its practice gained relevance with the use of the Internet. Transactions and interaction among e-businesses and people across boundaries have become frequent activities that generate litigation in foreign forums...
My picture next to a statement saying that I was HIV positive was posted on the Internet. Do I have a case?
Posted on February 11, 2009My picture was on a website and under the pic someone wrote that I was HIV positive and other things. I would like it removed and want to know who did it. Do I have a case? I have been tested and I am negative. Thank you.
How does China Regulate Advertising?
Posted on February 11, 2009The regulatory framework of advertising in China is found in the Advertising Law of the People's Republic of China 1995 (advertising law). Congress passed the advertising law on October 27, 1994, the presidential order No. 34 of October 27, 1994, promulgated it, and it entered into force on February 1, 1995...
Regulation of Advertisement in the United Kingdom
Posted on February 09, 2009The United Kingdom (UK) Advertising Authority (ASA) and the Committee of Advertising Practice (CAP) are the bodies regulating advertising practices in this country. CAP develops and publishes Codes of Practice that include advertising standard for different sectors...
Why Washington Must Face Global-Cyber-Name-Economy?
Posted on February 09, 2009The serious objections by US Department of Commerce to ICANN's new policies on creating unlimited domain suffixes are primarily based on old domain name thinking and continued fear of losing control of Internet. The comments lack serious knowledge of global business naming problems surrounded by international demands of multiple-cyber-branding platforms now impacting 99% of buyers and sellers worldwide...
Can the Attorney-Client Privilege Survive the E-Mail Setting?
Posted on February 09, 2009Our ancestors used to say that communications between one's doctor and attorney were sacred; that means, they were secret and well respected. This thinking might have been the outset of the attorney-client privilege. Then, it comes the Internet and fast communication means such as e-mails and one may ask whether this privilege can survive this technological era...
Citizen Data Protection in Focus - ENISA on Privacy in National eID Cards: ?Europe Needs a Strategy?
Posted on February 04, 2009The EU Agency ENISA [the European Network and Information Security Agency] today launched its Position Paper on security features in European eID schemes. The paper gives the first overview of the vast disparity between privacy features in eID cards across Europe...
Is it legal for an Internet company to change e-mails to contact consumers?
Posted on February 03, 2009Hi I am currently in a dispute with a travel company regarding flights booked with them. In summary, they sent me confirmation after booking through internet using a legitimate company email i.e. employee_name@company_name.com and then any updates to flight time amendments they contacted me with email account from a public server i...
Immunity for users or providers of Interactive Computer Services
Posted on February 02, 2009The United States (U.S.) Communications Decency Act (CDA) is one of the most significant Internet laws in the U.S, codified at 47 U.S.C.A. § 230. CDA shields from liability, interactive computer service providers that publish or display content provided by third parties...
Is it against the law to deadly threat others during chat forums?
Posted on January 30, 2009I just read your article on threatening e-mails. I have been going to a political forum on tghe internet where you can debate. A person in that forum has made several threats to the effect of killing, or otherwise harming other members. Is this against the law? If so, who should it be reported to? John
The Essential Elements of a Contract under the Spanish Law
Posted on January 28, 2009Internet contracts usually subject the parties to arbitration proceedings or the law of a specific jurisdiction (choice of law) when legal disputes arise. When choice of law clauses subject the parties to the jurisdiction of a European Union member state, it is advisable to get acquainted with that member state's contract laws...
I purchased a DVD collection and did not get all the episodes, can I get my money back?
Posted on January 26, 2009Hi, I purchased a DVD collection over the internet for a show that was never officially released, but dvd collections were made by several different sources. The show is The Wonder Years and I purchased it from an online retailer called dvdglobe.tv . The description said it included all 115 episodes and an episode guide so you can find any episode at any time...
Offenses related to Computer Crimes and the Protection of Information and Data
Posted on January 26, 2009On January 5, 2009, Colombia's Congress enacted Act 1273 that amends the Criminal Code and creates a new legally protected interest called information and data protection. The Act 1273 also extended protection to systems that use information technologies and communications...
Freedom to Provide Services in the European Community
Posted on January 21, 2009Article 49 of the treaty establishing the European Community (TEC), guarantees the freedom to provide services; yet, the wording of article 49 caused confusion as to whether it applied exclusively at a domestic level, or whether this freedom was extended to a trans-border context...
What is the law in Alabama concerning internet sales tax?
Posted on January 19, 2009What is the law in Alabama concerning internet sales tax? Susan
Can anyone explain to me what this scheme is all about and how it works?
Posted on January 19, 2009Recently, my sister was contacted by a resident in her apartment complex who offered her $7.50/hr payment for gambling for him on line. He then provided her the number of his debit card account and invited her to gamble using low wager bets. This sounds like a scam/money laundering scheme to me...
Fines Imposed for SMS Spam
Posted on January 19, 2009A telecommunications provider (the company) has been fined $110,000 after allegedly sending 20,000 SMS messages without sufficient sender identification. The fine was imposed by the Australian Communications and Media Authority (ACMA) for breach of the Spam Act 2003 (Cth) (Act)...
What are the implications of cyber crime to the global economy?
Posted on January 19, 2009What are the implications of cyber crime to the global economy? Habibu
What Conducts Does the European Convention on Cybercrime Criminalize?
Posted on January 19, 2009The European Union (EU) member states signed the European Convention on Cybercrime (Cybercrime Convention) in 2001. It goal is to combat cybercrime among member states by harmonizing legislation, facilitating investigation and prosecution at both the domestic and international level, and providing the means for fast and reliable cooperation...
How can I claim Colombian withholding taxes in the U.S.?
Posted on January 16, 2009Could you please advise as to the procedure for claiming back Colombian withholding taxes here in the US? Chris
Can I have an e-commerce site totally anonymous from the IRS
Posted on January 16, 2009My intent is to establish an entity which provides TOTAL privacy & anonymity, protecting me from the Uncle Sam or any other government agency for the purpose of Ecommerce. The sites market consumer products, NO adult services, No pornography, No gambling, etc...
How can I collect my pending funds?
Posted on January 16, 2009I need some advise on how to collect my pending funds that have not been payed to me since oct 08,the administater of alvarosurf.com is taking his time on paying me to a internet bank system strictpay.com ,after he requested my info,such as account number...
I have accumulated $50,000 in credit card debt for Internet gambling in Ohio. Do I have a solution?
Posted on January 16, 2009I have accumulated 50,000 debt using my debit card for internet gambling in Ohio. Do I have a solution? Marsha
New Universal Name Identities Shake The Branding World
Posted on January 14, 2009Without a doubt, major brand name identities will be arriving at the precipice where they will be lined up for a freefall from grace, some will fall and some will have a parachute. This scene will be repeated all over the world, as new ultra-modern-cyber-age-branding-platform being structured as ICANN introduces new policies that will dramatically change the old fashioned thinking of global branding...
Is there any chance to recover from credit card companies money processed for online gaming?
Posted on January 14, 2009Is there any chance a person could recover money spent for past payments made to credit card companies that processed online gaming transactions and if so what is the first step to be taken? Over the past 3 to 4 years i have accumulated over one million dollars in debt and just recently found that online gambling is unlawful in California...
Are School's Internet Usage Policies a Matter of Collective Bargaining?
Posted on January 12, 2009In the United States, schools are gradually adopting Internet usage policies for both students and faculty. Indeed, the Children's Online Protection Act (COPA), 47 U.S.C.S. § 254, requires that schools receiving discounted Internet service adopt Internet safety policies...
Invalid Trademark Assignments in Gross: A Possible Defense for Infringement Claims under New Jersey's Case Law
Posted on January 07, 2009A 2004 New Jersey case held that an assignment in gross is invalid when there is no goodwill associated with the product or business. If there is no goodwill associated with a product or business, assigning a trademark- which is a symbol- may be deceitful to the public or an indication that the mark was abandoned...
The Protection of the Right to Privacy on the Internet in China
Posted on January 05, 2009By Cynthia Zhang and Matthew MurphyMMLC Group, Beijing Definition of Internet Privacy Cyberspace privacy of personal information mainly refers to the right of citizens to enjoy the peace in the network's private life and the protection of private information in accordance with the law...
STATE STATUTES REQUIRING INTERNET FILTERING AND INTERNET USAGE POLICIES IN PUBLIC SCHOOLS AND LIBRARIES
Posted on December 29, 2008In the United States, numerous states have supplemented the Federal Children's Internet Protection Act (***) by enacting legislation requiring that public schools and/or libraries adopt Internet filtering and usage policies to prevent minors from gaining access to sexually explicit, obscene, or otherwise harmful materials...
Patent Infringement Involving Internet Billing Methods
Posted on December 22, 2008P class=MsoNormal style="MARGIN:0in 0in 10pt;TEXT-ALIGN:justify;"FONT face=Cambria size=3The United States Court of Appeals for the Federal Circuit affirmed a Wisconsin district court's decision granting summary judgment for eBay in a patent infringement claim filed by Netcraft Corp...
Scope of the U.S. Uniform Electronic Transaction Act
Posted on December 15, 2008The U.S. Uniform Electronic Transaction Act (UETA) was drafted by the Uniform Conference of Commissioners on Uniform State Law to validate commercial electronic transactions, concretely, those involving electronic records and signatures. Its goal is not to establish contractual rules for e-transactions; instead, it is designed to complement state statutes dealing with digital signatures and electronic records...
The U.S. Commerce Clause v. State Law Discriminating Against Out-of-State Shipments
Posted on December 10, 2008The Commerce Clause of the U.S. Constitution prohibits states from enacting laws that benefit in-state businesses and discriminate against out-of-state businesses. Since most e-commerce businesses tend to eliminate the middle-man and this consequently affects traditional state businesses, some state laws have protected their domestic commerce by enacting legislation under the shadow of public policy justifications...
E-commerce Vendors may be Required to Collect Taxes under NY Tax Law
Posted on December 08, 2008In the United States, e-commerce vendors have been exempted from collection of taxes by the Internet moratorium act. Yet, some states are already reaching out to these vendors as source of fiscal revenue. The state of New York, one of the most important e-commerce players, recently modified its tax code and expanded the definition of the word "vendor;" this new definition seems to embrace those selling goods and services over the Internet...
Search and Seizure of Home Computers in Virginia
Posted on December 08, 2008It may not be scientifically proven yet, but home computers definitely provide solitude enjoyed by those who commit online crimes. In contrast, it is not always easy for authorities investigating cybercrimes to obtain a warrant to search and seize home computers; thus, relatives' or roommates' consent to these search and seizures have become a legal challenge for defense attorneys and judges ruling on motions to suppress evidence...
The Hague Evidence Convention
Posted on December 08, 2008The Internet may be the force that revives international law, for those who have always considered that international law lacks dynamism. An interesting international convention, that may eventually be relevant for Internet disputes, is the Convention on Taking Evidence Abroad on Civil or Commercial Matters (CTEA), also known as the Hague Evidence Convention...
Online Censorship in Thailand
Posted on December 08, 2008Thailand has a long history of government- authorized censorship. The 2007 Constitution of the Kingdom of Thailand and the 1997 Constitution guarantee freedom of speech with the proviso that censorship may be imposed in certain circumstances. Additionally, Thailand's Computer-Related Crimes Act, which was introduced by the military junta, imposes some limitations by penalizing a range of computer-related speeches...
Internet Advertisers Versus The Tax Collector
Posted on December 08, 2008It's not that the Internet is all we think about, but a tax law adopted by New York this spring ? and now being challenged in court ? could have major implications for the issue of who may be held responsible to pay state taxes for on online sales. And when it comes to taxes, surprises are hardly ever good news...
India and Chile Cooperating under a Preferential Trade Agreement
Posted on December 08, 2008India and Chile signed a Preferential Trade Agreement (PTA) in 2005 as the initial step towards a potential Free Trade Agreement between these two nations. India's Cabinet approved the PTA on February 23, 2006, and came into force by Custom Notification No...
Access Everywhere-Secure Nowhere? EU-Agency ENISA Launches Position Paper on Mobile eID Security Issues
Posted on November 24, 2008Mobile eID-for better or for worse? Your mobile is fast becoming your new PC, wallet, identity card, but is it secure? The EU Agency ENISA (the European Network and Information Security Agency) launches a Position Paper on authentication issues for mobile eID, with 11 security threats and 7 key conclusions to enhance security...
Identity Theft from Wireless Networks
Posted on November 24, 2008Identity theft is the unauthorized use of an individual's personal information, such as a social security number or bank accounts, for fraudulent purposes or to commit a crime. While the usual form of identity theft refers to the unauthorized use of personal information obtained from databases, another form has evolved; this form uses sophisticated hacking techniques over wireless networks to acquire the necessary private information...
Buffer Copies do not Violate Copyright Law
Posted on November 19, 2008Courts have considered whether the copying of a program from a disk drive into RAM for its execution constitutes a reproduction of that work, which is the first of the exclusive rights in copyright. An appellate court in the U.S. held that fleeting, transitory copies like the so-called "buffer copies" do not render someone liable for copyright infringement...
Choice of Law and Arbitration Clauses in E-commerce Agreements
Posted on November 19, 2008Laws applicable to e-commerce transactions may be spread among several areas of law, e.i., criminal, contract, evidence, advertisement law, etc. A very interesting case applying the U.S. Federal Arbitration Act (FAA) to a franchise agreement and e-commerce dealer agreement exemplifies this statement...
Hong Kong Property Stamping System
Posted on November 17, 2008Hong Kong, one of the first two countries in the world to offer e-stamping for property transfer documents, has now reorganized its electronic stamping bureau after 4 years of effective service. The Inland Revenue Department launched the E-Stamping service for tenancy agreements, sale agreements, and assignments of landed properties...
The CAN-SPAM Act of 2003: Federal Law vs. State Law
Posted on November 17, 2008The CAN-SPAM Act of 2003 (officially titled "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003") was introduced by the U.S. Congress to address the issue of unsolicited commercial electronic mail, including those from dating sites and adult content businesses...
Asean Free Trade Agreement and its Relevance for E-commerce
Posted on November 12, 2008The Asean Free Trade Agreement -AFTA, definitely plays a significant role in the development of e-commerce among ASEAN nations. ASEAN is the Association of Southeast Nations, with 10 member states and an estimated population of 575.5 million. ASEAN members are Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam; this regional economic group presented a GDP of US$ 3,431...
Consumers' Rights under the U.S. Electronic Fund Transfers Act
Posted on November 12, 2008Even though it is difficult to believe it nowadays, especially under the current mortgage crisis, U.S. consumers have rights under the Electronic Fund Transfers Act- EFTA. Title 15 of the United States Code (U.S.C.S) is the basic framework for consumer protection in the electronic fund transfers system...
Are Revenues from Foreign Eduation Programs Subject to 35% Withholding Tax?
Posted on November 10, 2008We are working on a partnership with a Chile school whereby we would provide our US degree programs to them for use by their students. We would share in the tuition revenue and be reimbursed for direct costs. Our partner is telling us that all payments to us are subject to 35% withholding tax...
Counterfeiters beware! Court of Appeal rules on criminal provisions of the Trade Marks Act
Posted on November 10, 2008OverviewA recent decision of the Court of Appeal of the Supreme Court of Victoria will bring good news to owners and licensees of trade marks in Australia, particularly trade marks that are well known and often targeted by counterfeiters.1 The decision has clarified the tests to be applied in determining whether there has been a contravention of the criminal offence provisions of the Trade Marks Act 1995 (Cth) (Act)...
The U.S.-Peru Trade Promotional Agreement and its implication for E-commerce
Posted on November 10, 2008The objective of the United States-Peru Trade Promotion Agreement (US/Peru TPA) is to promote trade and economic growth, eliminate some trade barriers between these two countries, and promote private investment in and between U.S. and Peru. 80 percent of U...
The European Recently-Approved One-Stop-Shop Scheme for VAT Compliance
Posted on November 05, 2008On November 1, 2008, the European Parliament approved a "one-stop-shop" scheme for value added tax (VAT) compliance within the European Union (EU). This scheme simplifies VAT obligations for EU traders, especially in cross-border transactions. Traders who are liable to pay VAT in several Member States will now have the option to choose a single place for VAT compliance; concretely, the Member State where they are located...
Hong Kong?s Regulation of Unsolicited Commercial Electronic Advertisement
Posted on November 05, 2008Hong Kong's legislation well regulates the sending of unsolicited commercial electronic messages. In May 2007, Hong Kong enacted the Unsolicited Electronic Messages Ordinance (UEMO), to regulate all forms of commercial electronic messages sent with or to the "Hong Kong link" (...
In what way will the One-Stop-Shop System affect the EU internal market?
Posted on November 03, 2008Dear Sirs We are 4 law students at Jönköping International Business School, Sweden, and are writing to you regarding the future legislation about the One-Stop-Shop Scheme. We hope that you, or someone else, could answer a few questions for us: 1. In what way will the One-stop-shop system affect the internal market in the EU? 2...
Brazil's Self-Regulatory Code for Internet Service Providers
Posted on November 03, 2008According to the Brazilian Association of Internet Service Providers (ABRANET) there are currently more than 1,000 ISPs in Brazil. Yet, only 5 large companies hold 50 percent of the market share in terms of Internet users. Brazil is not only the largest and most populous country in South America (about 190,132...
Protection of Electronic Commerce in the new 'Law for the Defense of Persons in Accessing Goods and Services'
Posted on November 03, 2008The recently enacted "Law for the Defense of Persons in Accessing Goods and Services" (May 27, 2008), redefines the legal framework for e-commerce operations in Venezuela, especially the issues regarding consumers, as the term is understood in this law...
I need to know about used cars warranties
Posted on October 31, 2008I would like to get information on warrantys on secondhand cars and 4x4 trucks brought from a car sales yard Thank you, Angela Jones
Is this investment company legal?
Posted on October 31, 2008I found a job opening at a company called "Morgan Investments Co." It's registered office is at 25 Cabot Square, Canary Wharf, London E14 4QA, United Kingdom, corporation #02144358, and registered in: United States, England and Wales. The website is www...
How do I tax? What do we tax? What do we Tax?
Posted on October 31, 2008have tried to get an answer from IRS...ha...joke... We have started a new C Corporation and developed a website that has around 6 musicians and artist selling their products, along with drop-ship companies we have added. HOW DO I TAX? Do we tax? What do we tax? Thank You White Forest Enterprises
Eavesdropping Your Spouse's E-mails?
Posted on October 31, 2008We may not need scientific data to prove that with the increasing use of the Internet, men and women have eavesdropped, or considered eavesdropping, their spouse's e-mails. Eavesdropping spouses' e-mails may constitute a crime under both federal and state law but careful factual analysis is required...
In Pennsylvania, Computer-Generated Animation is Admitted as Demonstrative Evidence
Posted on October 27, 2008Technology has reached court rooms in the United States. In addition to courts' use of iPods to conveniently condensed records to be examined by the parties, U.S. prosecutors are using computer-generated animation (CGA) to illustrate their theories against defendants...
Evidentiary Songs Played by iPods
Posted on October 22, 2008Some months ago we reported on the use of iPods as an educational tool, and provided information on schools and universities that have incorporated this technology for the benefit of their students. Our report today involves a more complex use of iPods; iPods used by investigators to collect evidence and by defense attorneys...
Overview of Data Protection Laws in Lithuania
Posted on October 22, 2008Data protection should be a major concern for individuals, especially, Internet users. No matter the type of business dealings -online or offline, - individuals must know whether their private information is legally protected. Like most European Union (EU) countries, Lithuania has updated its legislation to protect individuals' private information...
The Qualifying Immunity Doctrine in Internet Video Enforcement Cases
Posted on October 20, 2008Internet videos are a new form of expression used by all sectors of society including, government officials, corporations, and individuals. In the United States (U.S.), Internet videos from individuals, thought, are becoming a challenge for enforcement authorities trying to balance public safety vs...
?HOBBIT? Domain Names are Reclaimed by Tolkein Enterprises
Posted on October 15, 2008In a number of decisions issued by the WIPO Arbitration and Mediation Center, parties who registered domain names that contained the word "hobbit" were required to relinquish their ownership of these registered domain names in favor of the company operating as Tolkein Enterprises...
Personal Data in a Website may Violate the EU Data Protection Directive
Posted on October 14, 2008The European Union (EU) Data Protection Directive 95/46/EC (DPD), article 3(1), states that this Directive applies to the processing of person al data wholly or partly by automatic means, and to other form of processing of personal data that forms- or intends to form- part of a filing system...
Legal Overview on Franchise Regulations in Indonesia
Posted on October 13, 2008The term "franchise" was introduced by Isaac Singer in 1851. In general, franchise refers to an approval by the owner of particular products or services (the "Franchisor") granting rights to another party to use or to market such products or services under a certain terms and conditions...
California Passes Bills to Protect Health Data Privacy for 2009
Posted on October 12, 2008In the aftermath of a series of serious data breaches affecting many Californians in the last few years, Governor Arnold Schwarzenegger has signed legislation to improve patient privacy laws and address leaks of confidential health information. The new laws are Senate Bill 541 (SB 541) and Assembly Bill 211 (AB 211), which give the state the ability to assess and enforce fines for unauthorized leaking of patient information...
The European Union will have a Criminal Record Information System
Posted on October 08, 2008On September 18, 2008, the EU Data Protection Supervisor (EDPS) adopted an opinion that agrees on the EU Council's proposal to establish an electronic European Criminal Records Information System (ECRIS). ECRIS would be a criminal record database available to Member States, and include citizens' criminal convictions...
LEGAL AND ETHICAL IMPLICATIONS OF COMPUTER MISUSE BY ATTORNEYS
Posted on October 08, 2008As a greater percentage of lawyers become computer savvy, there is a marked increase in ethical violations committed via computers. These violations can lead to both civil and criminal liability, as well as to disciplinary sanctions. A number of recent cases have highlighted ethics violations that were committed by attorneys by their misusing the Internet...
Free Movement of Goods within the EU vs. Member States' Law Restrictions on Mail Orders
Posted on October 06, 2008Article 28 and 30 of Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on Electronic Commerce") aims at free movement of goods among EU Member States...
Governor Palin's Email Hack: Federal Statutory Law
Posted on October 06, 2008In the midst of an FBI investigation and convening of a grand jury, it is still not clear if there will be a prosecution on the email hack of Governor Sarah Palin, US vice presidential nominee. Palin's Yahoo account was breached, and her private emails posted online, before authorities tracked down the hacker's ISP fingerprint to Knoxville, Tennessee, connected to college student David Kernell...
Parody: a Safe Harbor under the Anti-Cybersquatting Protection Act
Posted on October 01, 2008he Antic-Cyber squatting Protection Act (ACPA), 15 U.S.C.S § 1125(d), prohibits bad-faith, for profit, and abusive registration of Internet domain names in violation of the rights of trademark owners. This practice is known as cyber squatting. A successful cyber squatting claim must prove three elements: (1) that the affected trademark was distinctive at the time the domain name was registered; (2) that the domain name registered is identical or confusingly similar to the trademark; and (3) that the defendant used and registered the domain name with a bad faith and intent to profit...
Recent regulation aimed at simplifying the enforcement of Italian Data Protection Regulation
Posted on September 29, 2008Since its enactment in 1995, Italian Small Medium Sized Enterprises (SMEs) found numerous difficulties in the enforcement of the Italian Data Protection Code (IDPC) provisions. These difficulties are mainly due to the IDPC complexity as well as to the costs related to its compliance...
Court Upholds The Validity Of A Clickwrap Agreement Entered Into With Minors
Posted on September 29, 2008In a recent decision, A.V. v. iParadigms, Civ. Act. No. 07-0293 E.D. Va., March 11, 2008, the U.S. District Court for the Eastern District of Virginia held that the clickwrap agreement to which the plaintiffs assented when submitting their papers to the plagiarism-detecting program, ?TurnItIn?, was valid and enforceable, despite the fact that the plaintiffs were minors at the time of entering into such agreement...
Data Protection in Colombia
Posted on September 24, 2008On May 2008, the Colombian Telecommunication Commission -Comisión de Regulación de Telecomunicaciones- offered a synopsis about current Colombian data protection regulations and pending legislation on this issue. The Colombian Constitution and various national decrees and resolutions are currently applied to the protection of personal data, or "habeas data" as most Latin American countries refer to this topic...
Alaska Crime of Unauthorized Email Access & Applicable Law
Posted on September 24, 2008On September 17, 2008, an email account used by US vice presidential candidate Sarah Palin was breached by a hacker. The contents of her emails, including private photos, were then posted online by someone called "anonymous," stating the aim was to "derail her campaign...
FCC Upholds Net Neutrality by Ordering Removal of Transfer Barriers
Posted on September 22, 2008Net neutrality is the notion that Internet providers must transmit all content at equal speed. In August 2008, the FCC issued a ruling, stating that Internet service providers cannot intentionally degrade any applications, that such activities amount to discrimination and do not constitute proper network management...
Protection of Personal Data in Chile
Posted on September 22, 2008Protection of Personal Data in Chile is regulated by Law No.19628 (1999) [Protection de la Vida Privada], and its most recent update Law No. 19812 (2002). Law No. 19628 (Data Protection Law) protects individual's personal data and all data found in commercial, financial, banking and criminal records...
Internet Services & Abuse of Dominant Position and Predatory Pricing in the European Union
Posted on September 18, 2008It started long time ago when the liberalization of the economy movement, gradually adopted by most countries, brought private investment to the telecommunication sector. Then, those concerns proper of a free market, such monopoly, abuse of dominant position, predatory practice, etc...
Missouri Physicians and Prescription of Medicines over the Internet
Posted on September 17, 2008The Internet, slowly but steadily, is defying every area of law, including professional regulatory practice. State statutes, in most states, regulate the prescription of medicines by licensed physicians as a matter of public concern. Even though most of the statutes have not been adapted to regulate physicians dispensing services on the Internet, courts are willing to construe these statutes, called remedial statutes, to meet the cases that are within the reason or the spirit of the law...
Germany Convicts Non-Resident Blogger for Inciting Hatred by Denying Holocaust
Posted on September 15, 2008Claiming the Holocaust is a hoax is illegal in Germany, even online, and a non-resident alien man who denied the veracity of the Third Reich's ?Final Solution? on a blog was imprisoned for the act. A German court sentenced Ernst Zündel, a former Tennessee, USA and Canadian resident, and lifelong Holocaust denier to five years in prison for incitement of racial hatred...
The U.S. Telemarketing Rule
Posted on September 15, 2008Telemarketing includes soliciting services through telephone calls and fax messages. Because U.S. businesses are increasingly using telemarketing services to advertise their products and services, the Federal Trade Commission (FTC) adopted the Telemarketing Rule (16 C...
United States-India Copyright Treaty
Posted on September 10, 2008Just as China once emerged as the manufacturing outsource centre for U.S. producers, India has emerged as the technological hub, data processing, research, and now paralegal outsource centre. U.S. businesses using these offshore services must be aware of both Indian domestic intellectual property (IP) laws and bilateral intellectual property treaties between these two countries...
In case of fraud, what legal remedy do I have against eBay or an online seller?
Posted on September 08, 2008Bought auto on Ebay auction' I'm in Va auto in Texas; paid $10k; 100 days later I have no auto no money back; sellers used money to payoff their lien; used excuse awaiting title clearance,then auto got damaged so prefer return money in installments,without auto as security; seller is army recruit & wife...
SEC Announces the Imminent Release of Guidance on the Use of Websites for Corporate Reporting Purposes
Posted on September 08, 2008The United States Securities and Exchange Commission (SEC) is on the brink of issuing guidance to publicly trading companies that wish to disclose their corporate reports by posting them on their respective Websites. Under the new guidance, documents reported by means of posting the information on the Web will have the same legal force as documents transmitted via traditional paper reports or via PDF reports on EDGAR...
FCC Rules Comcast Cannot Limit Data Downloads
Posted on September 08, 2008In a decision meant to protect the vitality of the Internet, the Federal Communications Commission has reacted strongly to Comcast Corp.'s decision to limit the amount of bandwidth to its customers. Bandwidth is the measure of how much data a customer has streaming into their computer from the Internet...
How can I Protect my Mac Computer?
Posted on September 01, 2008Recently I saw an article regarding the newest Mac OS X malware threat. There is now an Applescript trojan horse targeting Macs. Please refer to Brian Kreb's Security Fix/tech forums/178361. I would like to know HOW to go into my files and WHAT to look for so I know HOW to delete from my files/machine ANY files that have or change any Applescripts...
China's New Corporate Income Tax Laws and their Effects on Foreign Investment
Posted on September 01, 2008China's State Council approved the Detailed Implementation Regulation (DIR) on December 2007. DIR's main goal was to implement China's new Corporate Income Tax Law (CIT) that entered into force on January 2008. DIR and CIT are extremely relevant for foreign companies doing business in China because they determine how the China government will tax its income, establish withholding tax rules, eliminate taxes on qualified dividends, determine tax credits and exemptions, and set other significant corporate tax rules...
U.S. Lawyers are Free to Outsource Legal Work
Posted on August 31, 2008According to the recently enacted American Bar Association Ethics Opinion 08-451, U.S. lawyers and firms can outsource legal work provided that they adhere to ethic rules on "competence, supervision, protection of confidential information, reasonable fees, and not assisting unauthorized practice of law...
Italy Introduces Consumer Class Actions
Posted on August 26, 2008Budget law 24 December 2007, n. 244 introduces, for the first time into Italian law system, a type of class action (called "azione collettiva risarcitoria") for awards of compensatory damages or payments of amounts to multiple individual users or consumers...
European Concept of Services for Trademark Registration Purposes
Posted on August 25, 2008Registration of trademarks is under the EU Member States' jurisdiction but substantive conditions to acquire trademark rights is a matter of community law. Indeed, Council Directive 89/104/EEC of December, 21, 1988, was enacted to approximate substantive trademark laws among the EU Member States...
Tuning In to Combating Music Piracy in Chile
Posted on August 24, 2008In Chile, over 400 million songs are downloaded unlawfully every year. Piracy has consumed 50 percent of the music market, as reported by the International Intellectual Property Alliance (IIPA).[1] A combination of internet piracy, unlawful reproduction of CDs and DVDs, and the growing presence of street vendors eager to make a profit from the sale of pirated music have contributed to significant losses in the sound recordings and musical composition industries...
Does the Indian Gaming Regulatory Act Cover Internet Gaming?
Posted on August 19, 2008Federal law authorizes US Indian tribes to regulate gaming activities within Indian lands provided that the gaming activity is not expressly prohibited by federal law or the law of the state where the Indian tribe is located. The US Congress enacted the Gaming Regulatory Act (GRA) in 1988 to provide a statutory basis for the operation of gaming by Indian tribes...
The Highest Bidder For The Global Cyber Brand Dot DUBAI
Posted on August 19, 2008Who would like to bid the highest amount for the exclusive global rights to the new domain suffix .dubai? Such a suffix will create a powerful domain root that will corner some 180 services underneath it,like go.dubai, hotel.dubai, job.dubai, cars...
Open Source Licenses and Copyright Infringement Claims
Posted on August 18, 2008Copyright owners who dedicate their works to free public use can control the future distribution and modification of those works and claim copyright infringement according to a recent decision by a US court of appeals. This decision becomes extremely important for the Internet society where software incubators sites and other copyright holders offer works that can be freely used and, before this decision, were not considered the object of copyright infringement claims...
Sweden Passes Wiretap Law Amid Widespread Protests
Posted on August 17, 2008A new electronic surveillance law described as "the most far-reaching eavesdropping plan in Europe," was recently passed by the Swedish Parliament. The new statute is popularly referred to as the FRA-lagen, or FRA law, and is meant to fight terrorism in Sweden...
Conflict of Laws- What Law does Apply to Internet Payday Loans?
Posted on August 14, 2008Regarding payday loans offered to consumers via the Internet: If we have a California deferred presentment license authorizing us to conduct a payday loan business and a consumer from let us say Delaware happens upon our web site and applies for a payday loan where does the loan transpire when: 1) We have a physical location in San Diego 2) Consumer resides in Delaware, or GA, or TX or...
Monopoly Claims against E-commerce Businesses
Posted on August 13, 2008The United States (US) has strong antimonopoly laws that are currently being applied to e-commerce cases. Most of these claims, though, have not succeeded but it is definitely interesting to see how the antimonopoly area of law applies to the cyber world...
EU VAT Rules for Electronically Delivered Services
Posted on August 13, 2008Council Directive 2002/38/EC of May 7, 2002, is the Community law directly addressing and clarifying the VAT basis for assessment to electronically supplied services. This Directive was introduced to eliminate the then-existing discriminatory tax treatment for electronically supplied services...
New Fed Law Mandates Internet 911 Emergency Calls Service
Posted on August 11, 2008President Bush has signed into law a Bill stipulating that phone calls made over the Internet (called Voice over Internet Protocol, or VoIP service) to a 911 emergency operator, will have the same status and safeguards as traditional 911 calls. This law will be especially helpful to those persons residing in the 50% of American counties, boroughs and parishes that do not have enhanced 911 capabilities...
Data Subject Rights in the Processing of Personal Data by EU Community Institutions
Posted on August 11, 2008EC Regulation 45/2001 of December 18, 2000, set up rules for "the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data." The European Parliament and Council issued this regulation following the mandates in the Treaty establishing the European Community (ECT)...
Taxation of Imports in Ireland
Posted on August 06, 2008Taxation of imports becomes an essential element to be aware of in e-commerce. E-commerce transactions involving the transfer of physical goods and parties from two or more countries, regardless of the business model used (B2B, B2C, C2C, etc.), usually demand the payment of taxes by the buyer in the importing country...
Privileged Revisions v. Copyrights on Works republished in Databases and other Electronic Forms
Posted on August 05, 2008The transfer of collective copyrighted works from original prints to databases or electronic forms is redefining copyright principles and laws. Copyright holders are filing copyright infringement law suits against publishers who transfer imprint collective works to databases, CD ROMs, and other electronic forms...
Electronic Contracts and Jurisdiction under State Long-Arm Statutes
Posted on August 04, 2008United State (US) Federal Courts undertake international and interstate party cases (diversity cases) such as those related to e-commerce. Whether federal courts have personal jurisdiction over a particular defendant is determined by the law of the forum state...
Attention eBay Users: Online Sellers Facing New IRS Rules
Posted on August 01, 2008Countless Americans selling as individual entrepreneurs on sites like eBay must now be aware that the Internal Revenue Service has modified their rules to make sure taxes are reported on private Internet transactions. As part of the housing rescue package just signed by President George W...
IBLS Graduate Fellowships for E-Commerce Masters in Law, Fall Program starts September 2, 2008.
Posted on August 01, 2008IRVINE, Calif.--(BUSINESS WIRE)--Internet Business Law Services (IBLS), www.IBLS.com, has established Graduate Fellowships for E-Commerce law specialization in Masters in Law in International Tax and Financial Services offered by Thomas Jefferson School of Law, http://llmprogram...
IMBRA and Its Requirements for IMB- Are they Fair for Americans?
Posted on July 30, 2008I inquired of one IMB about this issue and here is their response: ?Being a Russian based agency American laws do not apply on us. But for our American clients together with their membership details we do inform them that in order to avoid problems when they apply for Finacee visas what documents they should send to the ladies with their first mails, we also ask them to save a copy of these mails...
Enforcement of Intellectual Property Rights Act of 2008
Posted on July 30, 2008Dear Chairman Leahy and Ranking Member Specter: The U.S. Chamber of Commerce, the world's largest business federation representing more than three million businesses and organizations of every size, sector, and region, commends you for introducing S...
Federal Tax-Exempt E-commerce Sites or Cyberspace Tax Puzzles?
Posted on July 30, 2008The United States (US) Internal Revenue Code (IRC) exempts from federal income taxation certain organizations operated exclusively for charitable and other exempt purposes. An organization seeking tax exempt status must apply for recognition as such before the Internal Revenue Service (form 1023)...
Republic of Korea Drafts Internet Libel Law for 2009
Posted on July 30, 2008On July 22, the Republic of Korea Government announced that new rules are coming into effect for the country's web, drafted by the Korea Communications Commission. The ordinance is titled, ?Comprehensive Measures for Information Protection on the Internet...
EU Implementing Directive on Statistics on the Information Society
Posted on July 28, 2008Regulation (EC) No 808/2004 (Directive on IS Statistics) of the European Parliament and the Council established a common framework for the systematic production of EU statistics on the information society. This Directive on IS Statistics was implemented by Commission Regulation (EC) No 847/2007 of July 18, 2007 (Implementing Directive)...
Bullying and Cyber-Bullying Prohibited under Florida Law
Posted on July 27, 2008Bullying and, in particular, cyber-bullying is becoming a frequent practice among the American youth. Incidents are reaching such daunting results that state legislatures are rapidly adopting measures. For instance, Florida Legislature adopted an anti-bullying, including cyber-bullying, law on April 2008...
OECD urges Argentina to improve capacity to enforce the Anti-Bribery Convention
Posted on July 24, 2008Argentina should promptly establish effective liability and sanctions for companies for the offence of foreign bribery and significantly improve its capacity to investigate and prosecute the offence, according to a new report by the OECD Working Group on Bribery...
VoIP Services in UK
Posted on July 24, 2008On February 22, 2006, Ofcom published a consultation setting out its revised approach to the regulation of VoIP. Important changes in this consultation include the amendment to classification of VoIP services. Ofcom proposed to introduce a Code of Practice which would require the provision of consumer information by service providers, including statements of the instances in which a service provider does not provide emergency access...
BLOGS UNDER OMAN ELECTRONIC TRANSACTIONS LAW 2008
Posted on July 22, 2008On May 18th, 2008 the Electronic Transactions Law 69/2008 of the Sultanate of Oman was issued by His Majesty's Royal Decree. This is the first law passed to regulate electronic transactions in Oman. Secretary General of Oman's National Economy Ministry and Chairman of the Information Technology Authority (ITA) Mohammad Al-Khussaibi said the Electronic Transactions Law "is the start of a new era in Oman, where a truly e-enabled society evolves in the realization of the digital society in the Sultanate...
TAXATION OF SOFTWARE IN WASHINGTON
Posted on July 22, 2008Transaction of computer software is taxable in Washington State. Both custom and customized software products are subject to tax. Software written for one specific customer other than those which are considered canned is not taxed. In Washington custom computer programs are not subject to sales tax but are subject to Washington business and occupation tax...
EU Protection of Copyrights and Service Providers' Obligation to Communicate Personal Data in Civil Proceedings
Posted on July 16, 2008Interpretation of European Community laws and their adaptation by Member States is a complex task when several EU Directives are involved. In January 2008, the European Court of Justice decided a case that involved interpretation of several e-commerce, copyright directives, and some directives regarding the processing of personal data and the question of whether Internet service providers were to provide users' personal data within copyright proceedings...
Amazon Sues New York State Over Internet Sales Tax Law
Posted on July 16, 2008Massive web retailer Amazon.com, best known for selling books and CD's online, is suing New York State regarding a new law that demands certain online retailers collect taxes from NY customers and then deliver the tax money to the state revenue branch...
Trademark Infringement: Likelihood of Confusion in the Internet
Posted on July 14, 2008The United States Patent and Trademark Office (USPTO) refuses registration of a trademark or service mark that is likely to conflict with a mark or marks already registered or pending before the USPTO, according to Trademark Act Section 2(d), 15 U.S.C...
The Billion-Dollar Domain Babies
Posted on July 14, 2008The latest ICANN plan to allow the global populace to assemble an entire domain name like www.yourname.yourname as their free-choice is a revolutionary and timely decision. This now open doors to cyber-brands like my.ibm, hotel.nyc, it.jobs, play.poker, fly...
MISSOURI GOVERNOR SIGNS CYBER-BULLYING BILL INTO LAW 2008
Posted on July 09, 2008On June 30th, Missouri governor, Matt Blunt, signed a bill updating state laws against harassment by removing the requirement in the legislation requiring that such harassing communication be written or made over the telephone. Now, harassment from computers, text messages and other electronic devices may also be considered illegal...
NY Court Orders YouTube User Records Released
Posted on July 09, 2008In a move denounced by many Online Privacy advocates, a NY District Court has ordered YouTube to surrender its user logs to determine which videos are watched when and by whom. This order represents a marked change in current Privacy law. The order comes in relation to Viacom's billion dollar suit against YouTube, the most popular Internet video website, which is owned by Google...
How do I know if my ISP follows the US security law?
Posted on July 08, 2008I'm planning an e-commerce website and have been warned that some 3rd party providers do not (or have not) adhere to new US government security requirements. I understand there is a particular "code" section where this is prevalent. What is this section and how do I confirm my potential provider is in adherence? Clark
US Wireless Internet Services- WIS
Posted on July 07, 2008Wireless Internet services (WIS) allow internet broadband connections via satellite signal or ground-based antennas. Prior to WIS, broadband connections could only be obtained through wired networks such as DSL (digital subscriber lines), T-1 lines (high capacity telephone lines), and cable modem services...
Workers Compensation for Work-at-Home- Employees
Posted on July 07, 2008Futurist articles predict that outsourcing and technology will be employers' two most dependable essentials. Increasing number of employers is employing the services of "work-at-home employees," an outsourcing alternative among many. Technology, of course, is what links these employees with their companies...
Argentina Modifies its Criminal Code to Include Information Technology Crimes
Posted on July 01, 2008Argentina approved law 26388 (2008) that updates its criminal code and sanctions information technology crimes. On June 4th, and after numerous debates, Argentinean ?Camara de Diputados? typified as crimes the following conducts (a) the distribution and possession with the intent to distribute child pornography; (b) e-mail violations; (c) illegal access to information systems; (d) distribution of virus and damages to information systems; (e) aggravated crimes against information systems; and (f) interruption of communications...
Misleading Advertising under the EU Directive and Austria's Law
Posted on June 30, 2008Council Directive 84/450/EEC regulates misleading and comparative advertising in the European Union. Even though must European Union (EU) Member States have adopted this Directive within their domestic legislation, some conflicts between Directive 84/450/ECC and domestic marketing laws arise...
Do Business Insurance Cover Electronic Data Loss Caused by Defective Software?
Posted on June 29, 2008The software industry is booming worldwide. China's software industry, one of the fastest growing markets, generated US$80.8 billion (580 billion Yuan) in revenue in 2007. Security software is the most profitable among software categories...
I will start an internet advertising company, do I need to pay sales taxes?
Posted on June 26, 2008I am trying to start an internet advertising company. I will be buying advertising space from web site and selling it to advertisers. I am not sure if I would have to pay sales tax. If I would, where would I have to pay it? Would it be in my state/city? Would it be in the city/state where my server is? I am grateful for any information regarding this matter...
what obligation does an internet business have to notify a customer of an upcoming billing?
Posted on June 24, 2008The issue of virtual invoicing - what obligation does an internet business have to notify a customer of an upcoming billing, especially if it is a new, recurring billing to go into effect after a trial period? I have been charged nearly $100 for 3 months running for a service that I was not notified before the billing began, nor have I received any invoices for the billing; nor is there any billing information or printable invoices from the membership site to which I took the trial offer...
Can Internet marketing programs force you to select a specific hosting company?
Posted on June 24, 2008Dear Sir or Madam, I recently joined an Internet marketing program which included website design and hosting. The first step towards setting up my system was to assign the web design and hosting to a specific company (I did not read such a term before buing the program)...
How can I get my money back from an online vendor that does not comply?
Posted on June 24, 2008Hi, I paid for some items from Indonesia via IMT. However, since making the payment I haven't heard from the supplier nor have I received the products. The company has a website SOPO TOYS and it is also advertised on one of the trading sites ECVV. What can I do to retrieve my money and have this company removed from online? Kind Regards Claire Skoda
I bought some software online but did not fit my purpose, can I get a refund?
Posted on June 24, 2008hi, i bought a software license online from a US company. This was about two weeks ago. After initial development attempts using the software it has become clear that the software isn't fit for purpose and we have asked the vendor for a refund. They refuse saying that we should have used their free trial version to trial the software...
Unlawful Advertising Law in Spain
Posted on June 23, 2008Traditional advertising rules gained relevance in the online commercial world. Greater advertisement exposure and especial government enforcement units are some of the reasons that prompted assessment of advertising rules when advertising online...
Privacy in Employer-Provided Text Messaging Equipment
Posted on June 22, 2008Recently, the United States (US) Ninth Circuit Court of Appeals addressed two important legal questions regarding text messaging in employer-provided pagers. First, the court decided whether Arch Wireless Operating Company Inc., a company providing text messaging services for the Ontario Police Department, violated the Stored Communications Act, 18 U...
EU Directive on Privacy and Electronic Communications: Individuals Standing in Actions for Annulment
Posted on June 18, 2008The European Union (EU) Directive 2002/58/EC of the European Parliament is the community law concerning the processing of data and protection of privacy in electronic communications. As any other EU Directive, Member states must incorporate Directives' precepts within their domestic legislation...
Does IMBRA Exclusively Regulate Online Dating Sites and Protect Online-Dating U.S. Citizen Brides?
Posted on June 17, 2008The International Marriage Broker Regulation Act of 2005 (IMBRA) does not 'exclusively' regulate online dating sites (or online marriage brokers) and is not intended to protect online-dating U.S. citizen brides. Indeed as its name suggests, IMBRA imposes law requirements on 'international marriage' brokers and intents to protect 'immigrant women' that may become victims of domestic abuse...
Is there internet freedom of speech in South Africa?
Posted on June 17, 2008How do we solve a language issue on a internet poker site called silversands which doesnt allow us to speak afrikaans which is 1 of languages that is recognize in our constitution. if we do speak afrikaans they disable our chat for a period of 72hours...
Electronic Signatures in U.K.
Posted on June 16, 2008Electronic signatures are definitely an essential component of e-commerce contracts. Even though most countries have adopted the UNCITRAL Model Law on E-commerce which includes a definition of e-signatures, there are some variations to this Model Law that are worth to explore when celebrating e-contracts with multiple jurisdictions...
New Rule Provisions for the U.S. CAN-SPAM Act
Posted on June 15, 2008On May 12, 2008, the U.S. Federal Trade Commission (FTC) approved new rule provisions that clarify the CAN-SPAM requirements and considered 3 years of public comments. The new rule provisions were already published in the U.S. Federal Register and will become effective 45 days after their publication...
European Approach to Privacy in the Workplace
Posted on June 11, 2008The employees' right to privacy in Europe is ingrained in their culture and it has evolved as a human right since the French revolution, which created new employment rights in Europe and various countries in the world. The Council of Europe is one of the European highest authorities on human rights...
Judgments can be Signed Electronically in Arizona
Posted on June 10, 2008Technology is gearing court proceedings in the United States; attorneys may now electronically submit motions and briefs and review files; electronic evidence is gaining preponderance during discovery; and now, judgments may be signed electronically. In an original 2007 case, the Supreme Court of Arizona held that judgments may be signed electronically in Arizona...
Auction Websites and the Sale of Prescription Drugs
Posted on June 09, 2008The United States (US) Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) are the government agencies regulating and controlling the sale of prescription drugs in the US. US online sites illegally dispensing prescription drugs may face liability and be the subject of lawsuits filed by any of these agencies, specially the FTC...
Basics of Copyrights Laws in France
Posted on June 09, 2008Copyrights in France are regulated by the French Intellectual Property Code and related international agreements. For instance, France is signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention of Geneva, and WIPO Copyright treaty...
Are there consumer protection laws for online agreements?
Posted on June 05, 2008I recently signed June 1 an online faxed agreement with a company for creating online event services. On June 3rd I realized this was incompatible with my business goals and declined training. I took one class that could not access me by voice through phone and online training...
What are the Australian Laws on E-Checks?
Posted on June 05, 2008My name is Monnapha. Now, I taking a course of master of Law (LL.M.) and writing a thesis about electronic check (eCheck or echeque). I would like to know what country using echeck. I search on internet and know Australia using it. Do I misunderstand? If I don't misunderstand, please tell me the overview of echeck in Australia and what the law name it is subject to...
Google Street View now in Europe, Raising Privacy Concerns
Posted on June 04, 2008Google's street view feature started by taking satellite pictures of some United States streets and making them available for users looking for street information or a specific place of interest. Now, Google Street view feature is going to Europe! Google is currently setting its technology to implement Google street view in the other part of the globe...
Do Outsourcing Companies Constitute Permanent Establishment in India?
Posted on June 03, 2008Recently, the Supreme Court of India ruled on the issue of whether foreign companies with business process outsourcing companies in India were deemed to have permanent establishment for taxation purposes. European and United States companies are increasingly opting for business process outsourcing companies (BPO) in India...
Is an E-mail Agreement to Arbitrate Enforceable under the Federal Arbitration Act?
Posted on June 02, 2008The United States ("US') Federal Arbitration Act ("FAA") (9 USCS § 2) requires that an agreement to arbitrate must be in writing. Additionally, the US Electronic Signatures in Global and National Commerce Act ("E-sing Act") confers legal validity to electronic signatures in the US...
Cyber-translators are Facing Legal Actions in Spain
Posted on June 01, 2008The Spanish Anti Piracy Federation ("FAP") demanded the operator of a website to shut it down because FAP claims it violates Spanish Copyright laws. The website offers subtitles for movies and television shows that have been translated from, mostly, English original versions...
Is it illegal to sell lottery tickets online?
Posted on June 01, 2008Dear sirs, is it illegal to sell lottery tickets online (via website and worldwide)?I mean if someone create a website and people from all over the world buy lottery tickets. Thanks Please give me some resources ,who shall i ask for internet law? Harris
Interactive Websites and the Issue of Liability
Posted on May 28, 2008Interactive websites are the new way to get information and participate in developing information. Internet users not only surf the web looking for the desired information but they are now participating in the development of that information either by providing comments, or uploading or sharing data (e...
I am starting a dating/matchmaking site, do I face any liability?
Posted on May 27, 2008Hello, I am considering starting a dating/matchmaking website. My question is related to any liability that may be encountered. I would like to know if there is a specific type of insurance that could be obtained to protect myself if need be. I do not believe that a general liability would be of use and uncertain about a cyber liability policy...
Lithuania's Electronic Signatures and Certification Authorities.
Posted on May 27, 2008Lithuania, with a population of about 3,369,600 inhabitants and a per-capita GDP of $14,273, this relatively young democracy is an activate player of e-commerce. Lithuania declared its independence from the Soviet Union in 1990 and in 2004 it became part of the European Union ("EU")...
Consumer Liability for Unauthorized e-Fund Transfers
Posted on May 21, 2008The Electronic Fund Transfer Act ("EFTA") is the framework for the electronic fund transfer system in the United States ("US"). EFTA establishes the rights, liabilities, and responsibilities of the parties to this e-system. As EFTA § 1693 notes, the primary objective of this Act is the provision of individual consumer rights...
Washington State Streamlined Internet Sales Tax of 2008
Posted on May 20, 2008Washington State Gov. Chris Gregoire has signed into law Senate Bill 5089, the Streamlined Sales and Use Tax Agreement (SSUTA) bill, a measure encouraging Internet and catalog businesses to gather and remit the state sales taxes on purchases by Washington residents...
Japan's Protection of Computer Programs
Posted on May 20, 2008Even though copyright laws were not developed envisioning protection of computer programs, the world's tendency to provide copyright protection to computer programs is growing. According to the Berne Convention for the Protection of Literary and Artistic works and the Universal Copyright Convention, once a country provides copyrights protection to domestically-developed computer programs, it must afford the same protection to computer programs developed by foreign persons from countries signatories to these international agreements...
What are the tax implication of an e-commerce business in Nevada?
Posted on May 18, 2008We are planning to have an E-Commerce Business and was wondering what the tax application would be as well as incorporating in Nevada. We are presently in Illinois. Thank you Jackie
New U.K. Extreme Obscenity Ban Passed
Posted on May 18, 2008A new law criminalizing possession of extremely graphic images has been passed in U.K. as part of the latest Criminal Justice and Immigration Bill, and conviction by the statute will be punishable by up to three years in jail, according to the U.K. Ministry of Justice...
Threats Sent via E-mail Constitute a Federal Crime
Posted on May 18, 2008Electronic communications, in particular e-mails, have become a valuable working and social tool in the XXI century. Unfortunately, given its immediate delivery and disguised anonymity, some conflicted souls are increasingly using e-mails to transmit hateful messages...
Could you share your experiences and information regarding the regulations for export and import through e-commerce?
Posted on May 16, 2008A working group on e-commerce was established to guide the public authorities adjust the legislation especially regarding the foreign trade in Turkey. Our purpose is to review legislation related to exports and imports through e-commerce, to facilitate the practices in customs relating to electronic commerce and to foster cross-border trade conducted on the internet...
Do Internet Licenses Constitute a 'Possession' under Art. 1 of the EU Convention on Human Rights?
Posted on May 14, 2008Yes, according to a recent decision by the European Court on Human Rights, Internet licenses constitute 'a possession' under the meaning of article 1 of the European Union ("EU") Convention on Human Rights. This decision was rendered on April 8th, 2008, when the Government of Moldova arbitrarily invalidated 2 Internet licenses held by a Moldovan company- supposedly the biggest Internet company in that country...
Does the US CAN-SPAM Act Preempt Spam-Related State Regulations?
Posted on May 14, 2008Decisions in several United States ("US") federal cases suggest that the US CAN-SPAM Act does not preempt spam-related state regulations. State universities and other government institutions across the US have implemented anti-spam policies and adopted spam-blocking systems...
Copyrighted Material v. University-Provided Digital Copies
Posted on May 12, 2008This could be one of those IP-IT (Intellectual Property- Information Technology) land-marking cases in the United States ("US"): Oxford University Press, Cambridge University Press, and SAGE Publications, supported by the Association of American Publishers (hereafter "the Publishers"), have sued Georgia State University ("GSU") for copyright infringement...
The European Convention on Human Rights & Minors' Right to Privacy in UK
Posted on May 12, 2008The Civil Division of a United Kingdom ("UK") 'Court of Appeal' decided on May 7th, 2008, that a complete trial must be conducted on the issue of right to privacy, under the EU Convention on Human Rights and Data Protection Act of 1998, for a minor whose photograph was published without parental authorization...
Can Expedite Discovery be Applied to Obtain Information from ISPs?
Posted on May 07, 2008U.S. Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 26(d) and (f) requires parties to a lawsuit to confer before any discovery can be conducted. Yet under precedent decisions, some previous to the enactment of Fed. R. Civ. P. 26, U.S. courts may conduct expedite discovery upon a showing of good cause...
NY Libel Terrorism Protection Act 2008
Posted on May 07, 2008A new law has been enacted by the New York Congress and signed into law by Governor Paterson designed to protect American journalists and authors from foreign lawsuits that disregard First Amendment rights. New York State enacted the "Libel Terrorism Protection Act" (S...
Beijing Puts First-Ever Piracy Criminal in Jail
Posted on May 07, 2008After promising for years to start cracking down on rampant piracy, a Chinese court has now handed down a one-year jail sentence to a Beijing man for selling fake DVDs. This marks the first time a person in the Capital has been convicted and sentenced to prison for the crime of theft of intellectual piracy, according to the Chinese Xinhua news agency...
Does US Patent Law have Extraterritorial Application?
Posted on May 05, 2008The US Patent Act (title 35 U.S.C) is the legal framework for patent protection in the US. The US Patent Act § 101 defines what is patentable in the US: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore?" Section 271 of the US Patent Act sets the requirements for a valid cause of action on patent infringement...
RECORD U.K. INTERNET LIBEL CASE YIELDS $200,000 AWARD
Posted on May 04, 2008An executive in the British property sector has been awarded record Internet libel damages by a British court in one of the first-ever cases regarding online harassment by a business rival in the U.K. The recipient was Peter Walls 55, a social housing company chief executive at Gentoo Group...
New FTC ?Red Flag? Rules Mean Online Deals with Criminals Can Be Punished
Posted on April 30, 2008According to new rules promulgated by the U.S. Federal Trade Commission (FTC), companies are now on the hook for their business dealings, even with customers on the Internet, should what they sell be used for criminal or terrorist activities. The punishments include six-figure fines and even jail time...
Online Payment Scams Growing in Europe According to EU Report
Posted on April 30, 2008As the Internet increases in range and wealth of business opportunities, so do criminals up their efforts to develop more sophisticated and effective ways to scam online. Net credit card fraud is growing in Europe, according to an official European Commission report on the web sector, called ?Report on fraud regarding non cash means of payments in the EU: the implementation of the 2004-2007 EU Action Plan...
NATO Agrees to Create Cyber Defence Management Authority
Posted on April 30, 2008The North Atlantic Treaty Organisation has finally gotten around to finalizing plans for fighting cyber-attacks against its members. It has committed to creating a cyber-defence command to shield allies against crippling online assaults on national infrastructures...
Between Einstein and Mueller's Plan, Will the FBI Monitor the Cyber-highways?
Posted on April 28, 2008The current FBI Director, Robert Mueller, is suggesting an Internet surveillance plan that would allow the FBI to monitor Federal-government networks and private-sector networks. The plan was presented to the House of Representative Judiciary Committee last week and it seems to have the support from some U...
Internet Economy Surges Despite Global Slowdown
Posted on April 28, 2008Despite repeated reports of bad economic news in many sectors, the Internet continues its global expansion, giving great comfort to those still trying to understand what a world marketplace with a dwindling oil supply will look like. While some segments of the U...
London Agreement Patents Law to be Enacted May 2008
Posted on April 28, 2008?LONDON AGREEMENT? PATENTS LAW TO BE ENACTED MAY 2008 Getting patent coverage across Europe is set to get easier and cheaper on May 1, 2008 when a new protocol called the ?London Agreement? goes into affect. The London Agreement negotiations have been ongoing for some years, and the final details hammered out October 17th, 2000...
New US National Cyber Investigative Joint Task Force Will Be Led by FBI
Posted on April 23, 2008Since 2007, the FBI has very quietly put together a cadre of professionals with U.S. intelligence and other agencies to help battle crime on the Internet to help identify and respond to cyber threats against the United States. The name of the group is the National Cyber Investigative Joint Task Force (NCIJTF), and the FBI has a number of persons training together at an unnamed location near Washington...
NJ SUPREME COURT SAYS SUBPOENA NEEDED FOR INTERNET RECORDS
Posted on April 23, 2008The New Jersey Supreme Court has given a huge victory to Internet privacy advocates by ruling that the Government needs a valid subpoena before it can get private user information from an Internet Service Provider (?ISP?). The case was, State of New Jersey v...
Over a Million Viruses now Infect the Web, up 500%
Posted on April 23, 2008According to premier IT security providers Symantec, the number of computer viruses in circulation has passed well-beyond one million for the first time, and shows no sign of abating anytime soon. Symantec claims over 700,000 new viruses were identified in 2007, an increase of almost 500% over the number identified last year...
New Bill Proposes Free Wireless Access Across U.S. Within Decade
Posted on April 21, 2008A Bill recently introduced by two lawmakers, one a Silicon Valley Democrat in the U.S. Congress, seeks to make America one giant free wireless hotspot within a decade. The proposed law was written by Rep. Anna Eshoo, D-Calif., and Rep. Chris Cannon, R-Utah, two U...
EU Amendment of the Framework Decision on Combating Internet Terrorism, 18 April 2008
Posted on April 21, 2008The EU formally agreed on April 18th in Brussels to an Amendment establishing for all 27 EU member states a standardized criminal definition for the crime of incitement of terrorism on the Internet.Legislation fighting terrorism is already in place, but did not specifically focus on the Internet...
Cyber Crimes Tool Kits for Sale on Internet with 70,000 Versions
Posted on April 21, 2008Tech gear used for years by savvy cyber criminals has been mainstreamed and packaged for wide dispersion across the Internet at inexpensive price. These cyber crime tool kits make possible automated fraud, and the top hacking tools are now being sold for prices ranging from less than $100 up to $1,000...
11th Circ. Court Bans Trademarked Search Engine Metatags
Posted on April 16, 2008The 11th Circuit Court of Georgia ruled using another's trademarks in meta tags infringes the Lanham Trademark Act, in the case North American Medical Corp. v. Axiom Worldwide, Inc., decided on April 7, 2008. The case was an appeal that reached the same conclusion and concerned ?physiotherapeutic spinal devices,? which North American Medical Corp...
Phorm Warned by British Govt. Over Webwise Ad System, Must Use Opt-In Scheme
Posted on April 16, 2008A firestorm has erupted over the Phorm company's highly sophisticated and invasive Webwise ad selling system that actually intrudes into the user's personal web history to better link sellers with the supposed likes of net surfers. Analysts and security experts had pointed out the company's study of online user habits may well break the English Fraud Act 2006 and/or the Computer Misuse Act 1990, because it ignored privacy concerns...
The Burdensome Costs of Customer Justice
Posted on April 16, 2008Providing timely, reassuring and comprehensive customer service has been an axiom of good business for as long as people have been doing business. The inability of a business to provide competent, secure customer service is damaging to more than just revenues...
U.S. Court Decides Emails Equal a Signature for Contracts
Posted on April 13, 2008New York appellate court has ruled that e-mails were signed writings that modify contracts, in a April 1, 2008 ruling. The case was filed in October 1999, and related to the claim of breach-of-contract. The court wrote, "The e-mails from plaintiff constitute "signed writings" within the meaning of the statute of frauds, since plaintiff's name at the end of his e-mail signified his intent to authenticate the contents (see Rosenfeld v Zerneck, 4 Misc 3d 193 [2004])...
Does Phorm's 'Webwise' Online AD System Break U.K. Law?
Posted on April 13, 2008Internet security expert Dr Richard Clayton, a noted analyst working at England's University of Cambridge claims that the Phorm company's new and highly sophisticated advertising system actually breaches the Regulation of Investigatory Powers Act of 2000...
March 2008 German High Court Ruling Limits Data & Piracy Tracking
Posted on April 13, 2008German music companies who had turned to methods used by the American recording industry to track down music pirates have been stopped by a new court ruling. The Federal German Constitutional Court issued its decision in the case supported by the "Arbeitskreis Vorratsdatenspeicherung" (Working Group on Data Retention) and 34 000 people who signed against the data retention directive...
FBI: In 2007 Internet Crime Netted $240 Million
Posted on April 13, 2008In 2007 there were over 200,000 claims of Internet-related crime reported to the FBI's Internet Crime Complaint Center (IC3), with 90,000 referred to U.S. law enforcement, which caused losses of almost$240 million, making an increase of $40 million in net losses over 2006...
Special Rights and Privacy under the Sweden Electronic Communications Act
Posted on April 13, 2008Sweden Electronic Communications Act 2003: 389 entered into force on July 25, 2003, and aimed to ensure that private individuals, legal entities, and public authorities have access to secure and efficient electronic communications in terms of price and quality...
Damages and Losses Under the Computer Fraud and Abuse Act
Posted on April 07, 2008The United States (?US?) Computer Fraud and Abuse Act (?CFAA?), 18 U.S.C. Sec 1030 et. seq., is the US federal statutory law typifying illegal activities in connection with computers. The statute typifies as illegal intentional and unauthorized access to computers and data...
New British Law Targets Online Pedophiles & Social Networking Sites
Posted on April 06, 2008English Home Secretary Jacqui Smith has announced a new law that would force convicted pedophiles to hand over their e-mail addresses to the police who will take these and send them to social networking sites for blacklisting. The law stipulates that if such a person is detected using such a site, or using an un-registered e-mail address, the convicted child sex offenders could receive up to five years in prison...
LAOS TRADEMARK LAW OF 1995
Posted on April 02, 2008Originally unified as the ancient Lao kingdom of Lan Xang, which was established in the 1300's under King Fa Ngum, this lush Asian state is known now as Lao People's Democratic Republic (?PDR?), or simply Laos. Despite being a regional player for hundreds of years, the kingdom entered decline until it was finally mastered by Siam (Thailand...
California Database Security Breach Statute
Posted on April 01, 2008Databases with customers' sensitive information became the target of identity thieves. Identity thieves discovered that by accessing relevant databases they have row material for months to come. Consequently, State legislators in the United States ("US") have placed some burden on database holders (companies or individuals) and demanded them to secure unencrypted information and notify customers of database breaches...
The Argentine Securities Commission Fosters Corporate Governance Regulations
Posted on March 31, 2008In today?s global business world it is imperative for companies aspiring to improve their corporate rating and to achieve higher level of investments, to adopt good governance practices and transparency laws to protect investors. Recognizing the importance of these issues prepare the companies to compete in a level playing field with companies from other countries that foster these kinds of regulations...
Albania Copyright Law
Posted on March 31, 2008Albania is a smaller state in southeastern Europe, bordering the Adriatic and Ionian Seas, directly across from Italy, and set between Greece in the south and Montenegro and Serbia in the north. The state is working to create a vibrant economy, in part, by embracing the world standard on Intellectual Property Rights (IPR) with some notable successes...
Distinctiveness of a Trademark under Taiwan Trademarks Law
Posted on March 31, 2008Taiwan is an Asian Island of 35,801 Km2 (13,822.8 sq. mi.) and 23 million inhabitants. As part of the Republic of China, Taiwan is playing a major role in the international trade arena, especially in all related to the outsourcing and manufacturing sector...
Local Working of Patents in India
Posted on March 26, 2008There is a requirement to file a statement of information (Form 27) regarding the working of a patent in India. The working of a patent means the commercial exploitation of the invention that is embodied in the patent. These statements can be supplied every financial calendar year, within three months of the end of each year...
Can the UN Convention on Contracts for the International Sale of Goods Be Applied to E-commerce Contracts?
Posted on March 25, 2008Although the United Nations Convention on Contracts for the International Sale of Goods ("CISG") was enacted in 1980 when e-commerce was still a distant prospect, its precepts are applicable international law for e-commerce nowadays. E-commerce involves contracts for the international sale of goods, among others...
In Rem Jurisdiction in Anticybersquatting Cases: Good Solution against Foreign Cybersquatters
Posted on March 25, 2008A recent decision by the United States District Court for the District of Virginia held it had 'In Rem Jurisdiction' over domain name registrants that were located in a foreign country and had been accused of Cyber squatting in Virginia. Even though this was not a contested case and the plaintiff was granted summary judgment, this decision is a great precedent on the interpretation of the US Anti-cybersquatting Act and US Courts" jurisdiction on foreign cybersquatters...
Detroit Hopes Online-Connected Autos Will Help Revive Lagging Sales
Posted on March 24, 2008Having recently announced that they are planning to shut down their factories for two weeks in reaction to slumping automobile sales, Chrysler is now planning to offer a car that comes ready with Internet access. While details are sparse on the exact methods the company plans to use, it has announced that the users will have to have already existent Internet service to be able to use the new feature...
EU Blogs Becoming Prominent Players in Elections
Posted on March 24, 2008While the Internet continues to increase in users and impact, blogs are making themselves felt in the politics of the European Union and will be an increasingly important player, as seen across the Atlantic in recent U.S. Elections. In a period when analysts and critics bemoan the lack of fresh ideas and genuine dialog in the West, the European blogosphere promises to bring a mass of previously voiceless political enthusiasts into the arena...
How to Register a Domain Name in Hong Kong
Posted on March 24, 2008Hong Kong Domain Name Registration Company Limited (?HK DNR?) is the Hong Kong?s authority in charge of domain name registrations since 2001. HK DNR is under the control of the Hong Kong Internet Registration Corporation Limited which is the national registry and registrar for the registration and assignment of domain names in this country...
I have found your article on 'How can i protect my Company Domain name' very interesting
Posted on March 21, 2008Dear IBLS, I have found your article on "How can i protect my Company Domain name" very interesting. May i publish your article on our website www.freshlemonmdeia.com as a service to our clients? You will see our website i have published an article on domain names and trade marks as we it is of increasing importance to recognise the value of domain names vs...
How May I protect My Company?s Domain Name?
Posted on March 19, 2008Trademark based-Domain Names have become a precious corporate asset that both large and small companies are willing to protect against unauthorized use or abusive registration. Yet, protecting those domain names at an international level may prove costly and complicated...
Online Classifieds and their Liability under the U.S. Fair Housing Act
Posted on March 18, 2008Internet law is definitely a 'legal melting pot.' Traditional statutes are now being applied to e-commerce models. For instance, the anti-discrimination clauses of the United States ("US") Fair Housing Act ("FHA") have been examined in the case of online classifieds companies like Craigslist...
Automatic Injunctions in Patent Cases must Conform to a Four-Prong Equitable Test.
Posted on March 17, 2008eBay v. MercExchange seven-year-patent dispute is finally over. Ebay has bought two patents that MercExchange alleged it owned and for which MercExchange accused eBay of patent infringement. The financial terms of the settlement were not disclosed...
Taxation of Corporations in Japan
Posted on March 17, 2008Asian economies are growing at exponential rate. Even though most of their expansion is caused by intensive international trade and banking services, e-commerce is getting momentum in the Asian economies nowadays. Japan, as one of the largest economies in Asia is attracting foreign investors and corporations that want to establish their quarters in this country and Japanese are expanding their business? ?nets abroad...
Denmark: the World?s E-Commerce Hub and Its Legal Framework
Posted on March 16, 2008Denmark is one of the leading e-commerce users in the European Union (?EU?). In 2004, it ranked first in e-commerce among the EU Member States. An Economist Intelligence Unit report in 2006 considered Denmark the first best place in the world for e-commerce...
Tax Treatment of Landline and Wireless Internet Services Provided by Cooperatives under the U.S. Tax Code §501(c)(12)
Posted on March 12, 2008There are several types of organizations exempted from tax under the Internal Revenue Code ("IRC") §501(c). For instance, cooperatives (organizations working for the mutual benefit of its members) are tax exempted under IRC §501(c)(12). Currently, Internet services in rural areas of the United States, it may be the case in other countries as well, are sometimes offered and financed by cooperatives...
UK?s Proposed Internet Anti-Piracy Rule for File-Sharing: Three Strikes and You Are Out
Posted on March 11, 2008The British government has introduced an Internet Anti-Piracy rule that would require Internet Service Providers ("ISP") to suspend Internet services from those who engage in illegal downloading of copyrighted material and illegal file-sharing. The proposed rule is similar to a controversial bill presented in France in November 2007 against Internet piracy, and have received the same opposition from ISPs and digital right advocates...
Internet Pharmacies & Cross Border Mail Orders in the European Union
Posted on March 11, 2008Various European Community laws are applicable to the issue of Internet pharmacies and their supply of medical products to buyers located in other Member States. For instance, the E-commerce Directive 2000/31/EC; the provisions of the Distance Sales Directive 97/7/EC; Directive 2001/83/EC regarding medicinal products for human use; Directive 92/28/EEC on advertising of medicinal products in the EU and currently part of the Community Code; and laws applicable to the free movement of goods throughout the Member States...
What are my odds?
Posted on March 10, 2008If a lottery ticket states that the odds of winning are 1:4.21 and you purchase 8 tickets and none of the 8 are winners, is that not false and misleading advertising? David
Canada, England, and Netherlands: Example of E-consent Mechanisms for the U.S. Sensitive Health Data Project
Posted on March 10, 2008The United States Department of Health and Human Services (?DHHS?) DHHS is engaged in a 10-year plan to develop a national electronic information infrastructure (?NHII?) that will provide authorized health professionals a national access to patients? information across US...
Tunisia Cyber-parks: An Example of E-government Projects
Posted on March 09, 2008Tunisia is located in the Northern of Africa. This Mediterranean coastal country declared independence from France in 1956 and has steadily showed strong presence in the information and communication technology sector. In 2005, Tunisia ranked 31 among the 104 most advanced countries in the ICT sector...
Is holding the bettors money online gambling?
Posted on March 06, 2008If someone were to make a web site in which users come come on and place bets against each other and the site would just hold their money, and disperse it to the winner, would it still fall under the catogory of illegal online gambling? Ryan
Internet Medical Records Project Not Protected by Federal Privacy Act
Posted on March 05, 2008Google and Microsoft's idea of taking personal medical records and posting them in a special repository on the 'Net has garnered much interest. In fact, 70% of those polled would like their medical history available online, according to a survey by the Deloitte Center for Health Solutions, and a quarter would be willing to pay for such a service...
EU Demands Mobile Roaming Fees be Lowered
Posted on March 05, 2008The European Union has informed mobile phone companies that they need to lower "roaming fees" for those customers traveling outside of their system by July 1 or face sanctions for non-compliance. EU Telecommunications Commissioner Viviane Reding said, "The EU cannot accept that mobile operators make up to 20 times more profit on roaming customers than on their domestic customers...
The Illegal Spamming Felony: Jurisdictional and Constitutional Questions
Posted on March 04, 2008A recent decision from the Virginia Supreme Court affirmed the felony conviction of an illegal spammer under the Virginia criminal statute. The Virginia Supreme Court held that the Virginia antispamming statute does not violate defendant's free speech rights...
Amendments to the .eu Alternative Dispute Resolution Rules
Posted on March 03, 2008Alternative Dispute Resolution mechanisms have proved to be an efficient tool to solve domain name disputes in the European Union which is continuously updating these mechanisms. Currently, there is a proposed amendment to the .eu Alternative Dispute Resolution (?ADR?) rules and their supplemental regulations...
Wikileaks, a Whistle-blower Website, and its Winning- First Amendment Argument
Posted on March 03, 2008The Wikileaks case exemplifies the legal proceedings of the information technology era. The case involves data protection laws in two continental regions (Europe and United States), American Freedom of Speech rights, bank secrecy rules, tax evasion, etc...
Do Non-European Merchants Have to Collect Value Added Taxes?
Posted on February 26, 2008Taxation of online sales is one of the most complex and controversial issues regarding e-commerce because they entail intricate domestic or foreign tax rules. For instance, in the United States online merchants are obliged to collect sales or use taxes depending on the state their server or physical business is located...
Free Trade Agreements and their Relevance for E-commerce
Posted on February 26, 2008E-commerce transactions involve both the domestic and international trade of goods and services. At the international level, e-commerce has definitely expanded trade for recognized businesses and those who otherwise could have never reached international markets like artisans and small family-owned businesses...
Internet vs. Freedom of Speech: Pakistan Blocks YouTube
Posted on February 25, 2008YouTube, the most popular United States (?US?) video sharing website, was blocked by the Pakistani government for showing material considered offensive to the Islam. The Pakistani government ordered internet service providers to block YouTube website after an inter-ministerial committee considered that the video sharing website displayed ?blasphemous material,? including videos and documents...
Cyprus Trademark Law and Registration Process
Posted on February 24, 2008Some offshore centres are currently the hosting jurisdiction of e-commerce businesses. For this reason, in addition to competent telecommunication infrastructure, proper tax regimes, established banking services, among others; adequate intellectual property laws like trademarks are essential for e-commerce businesses...
EU Law on Competition for Electronic Communication Networks and Services
Posted on February 24, 2008Communications is one of the most regulated areas by any government. Taking this fact into consideration and knowing this could hinder the expansion of e-commerce among the Member States, the European Union (?EU?) implemented Commission Directive 2002/77/EC on September 16, 2002 (?E-communication Directive?)...
The Internet Creates Job Opportunities for Particular Members of Society
Posted on February 21, 2008Social studies report that a small group of individuals have become Internet addicts and this addiction isolates them from family and society. Yet, internet addicts are a very small group of society and their addition may be linked to individual characteristics more than to the Internet itself...
What are the Laws for an Internet Business in Philippines?
Posted on February 21, 2008What are the laws for having a new internet business in Philippines. Jennifer dela Cerna
Do you Have Reasonable Expectation of Privacy on Data Stored in your Laptop which is Connected to a Network?
Posted on February 20, 2008As IBLS Editorial Department has reported in previous legal articles, there is no expectation of privacy on data stored by an employee in the company?s computers. Yet, a different question arises when a person stores data in his own laptop, which he uses at the place of employment, and that laptop is connected to a network...
How Does the European Union Treat Copyrights in the Information Society?
Posted on February 19, 2008It is well known that the most of the European Union ("EU)" states are members of the World Intellectual Property Organization ("WIPO") and signatories of WIPO Copyright treaties. Hence, as an economic block with free transfer of people, goods, and services, the EU required uniform rules on copyrights in the information society ("IS') beyond those rules imposed by international law...
U.K Legislative Acts Establishing Website Requirements for U.K. Companies
Posted on February 18, 2008The United Kingdom (?U.K.?) implemented regulations for U.K. businesses? websites under the Companies Act of 2006. The Act introduced a variety of rules for U.K. businesses whose implementation schedule extends until 2009. Hence, rules regarding websites entered into force in 2007 and complement the U...
Legalities of a Website
Posted on February 18, 2008E-commerce not only provided the opportunity to establish virtual-only businesses but also created unlimited opportunities to expand trade for traditional brick-and-mortar businesses. But, just as traditional business entrepreneurs need to follow construction or city code rules to set their businesses; the e-commerce entrepreneur need to track website legalities to avoid liability...
How to Register Software Products in Colombia
Posted on February 17, 2008It is advisable that software producers register their products before the intellectual property office of both their domestic countries and those foreign countries where they are introducing their copyright-protected works. Registration of software in domestic intellectual property office is usually free of charge but a specific process must be followed...
Are Online Businesses Subject to Corporate Income Tax in the United States?
Posted on February 13, 2008Yes, online businesses may be subject to corporate taxes in the U.S. state where they have ?substantial nexus.? Although this answer seems simple, its practical application requires careful analysis of what legally constitutes ?substantial nexus.? A subsequent and also complex question would be what if an e-business has ?substantial nexus? in different states? As any tax concern, answering these questions requires the analysis of a competent tax attorney...
Are Publications of Undecided Professional Grievance Processes a Violation of Privacy?
Posted on February 12, 2008Is there any statutory or case law relevant to this question? If an attorney has grievances filed and the grievance committee posts this to the search engines like Google and Yahoo,or a doctor has a malpractice claim reported to a medical board, and the governing authority posts this information to the internet, is this considered an invasion of privacy, defamatory, torious inteference with a business relationship, or unfair trade practice?
An Example of Interstate Cybercrime & Prosecution
Posted on February 12, 2008Most cybercrimes tried in the United States have dealt with violation of purely federal statutory law; and therefore, they have been conducted in federal courts. Yet, a recent 2008 criminal case emerged as one of the first criminal case involving a typical state criminal case but because of the forum it was conducted- the Internet- it implicates Interstate commerce and federal law...
Liability of Service Providers under the European Directive on Electronic Commerce
Posted on February 12, 2008Directive 2000/31/EC of the European Parliament and of the Council is the European Directive on Electronic Commerce (?the E-C Directive?). This Directive was issued on June 8th, 2000 with the objective of creating a ?legal framework to ensure the free movement of information society services between Member States...
Does the Server Location of an E-commerce Business Establish Jurisdiction?
Posted on February 12, 2008I have incorporated a business in Nova Scotia Canada. The business is strictly and e-commerce business and has no building just a mailing address in Canada. My question is then... If I host by Canadian incorporated website on a server located in America (for example with GoDaddy) does this make the business American? Thanks
Public Access to Court Electronic Records- PACER
Posted on February 11, 2008Public Access to Court Electronic Records- PACER The United States Judiciary implemented a program called ?Pacer? (?Public Access to Court Electronic Records?), to provide users with public access to case and docket information from Federal Appellate, District and Bankruptcy courts...
Microsoft-Yahoo: The Future of the Online Advertisement Market?
Posted on February 11, 2008Yahoo's rejection to Microsoft"s offer is officially expected later today, Monday, February 11, 2008. Two weeks ago, Microsoft posted an unsolicited offer to purchase Yahoo for US$44.6 billion (about $31 per share); an offer many consider an attempt by Microsoft to compete with Google in the online advertisement market...
DIPLOMA IN E-COMMERCE LAW
Posted on February 05, 2008-Commerce University ECUniversity.com is pleased to announce its new Diploma in E-Commerce Law scheduled to begin on April 7th 2008. Diploma in E-Commerce Law is developed and customized with the specific needs of online businesses. It delivers timely e-business law information indispensable to all professionals involved in e-commerce, from legal practitioners and advisors for multinational companies to business professionals seeking the latest information on global business strategy...
What are my obligations when taking payments over the Internet?
Posted on February 05, 2008I am writing because I would like to find out what are the legal obligations regarding taking payment prior delivering the goods when the payment was made with American Express goods ordered over the internet from a UK company and delivering to Belgium...
IRS Warns of Tax Rebate Phishing Scam
Posted on February 05, 2008The Internal Revenue Service is warning taxpayers that a clever new email and phone scam has been hatched to defraud those looking for the tax rebate that President Bush has been promoting as part of an emergency stimulus package to battle the recent U...
Former KGB Spy Founds Top IT Security Firm, Calls for Internet Supercops
Posted on February 05, 2008Some know the name Kaspersky from the topnotch computer security technology put out by Kaspersky Labs that includes probably the most highly-rated free anti-spy program available. But the man with the clearly Russian name behind the venture is even more interesting than the technology his firm produces because of his shadowy background...
U.S. Trends on Attorney Internet Advertisment Rules
Posted on February 05, 2008In the United States, attorneys are subject to their State Bar (attorneys? regulatory entity) advertising rules. United States (U.S.) attorneys are regulated by strict and detailed advertising rules that contrast with reduced advertising regulations imposed on attorneys in Civil Law Systems...
Google Offers to Help Yahoo! Fend off Microsoft?s Unsolicited Takeover Bid
Posted on February 04, 2008Google Inc. Chief Executive Eric Schmidt called Yahoo Inc. CEO Jerry Yang to offer his company's help in any effort to thwart Microsoft Corp.'s unsolicited $44.6 billion bid for Yahoo, say people familiar with the matter," Kevin J. Delaney and Matthew Karnitschnig report for The Wall Street Journal...
Chinese Great Firewall of Internet Facing Increased Criticism & Internal Attacks
Posted on February 04, 2008Reports that China's massive Internet is heavily policed and censored is news to few political aficionados or students of the World Wide Web but a movement is growing within the country to fight back against the Government's heavy hand and refusal to allow any genuine rights of free speech or expression...
FTC, IAPP, Northwestern University Law School to Co-Host April 15 Workshop for Businesses on Best Practices for Protecting Personal Information and Securing Data
Posted on February 04, 2008The Federal Trade Commission, International Association of Privacy Professionals, and Northwestern University School of Law will co-host a one-day public workshop on April 15, 2008 on how businesses can secure the personal information of consumers and employees...
Pagerank Software System and the Issue of Liability
Posted on January 30, 2008Some predict that the growth on Internet advertisement is so large that some day companies' marketing budgets may shift to 100% internet advertisement. "This record spending was once again led by ads linked to Web search results," said the Interactive Advertising Bureau...
Sweden Taking Pirate Bay to Court While Music Biz Demands EU Crack Down
Posted on January 30, 2008Like all major copyright scofflaws, the Pirate Bay had to know its date with Armageddon would likely happen at some time and now Sweden has taken umbrage at the file sharing site and is readying a prosecution against them. With ten-million peers and a million torrents of stolen files, the Bay has certainly grown beyond a cute adolescence...
Hackers Disable Scientology Website & Declare War
Posted on January 30, 2008In a war rivaling the plot-line of science fiction writer and founder L. Ron Hubbard's novel Battlestar Earth, Scientologists are bracing for an assault against their online presence after the church's website was disabled by a group calling itself simply "Anonymous...
How can I File a Lawsuit a Nicaraguan Online Casino?
Posted on January 30, 2008"I had a very unpleasant experience in an online casino in Nicaragua playing blackjack. After playing 425 hand and looking at the game log, it became clear to me that the software this casino was using was heavily favoring the house. I have made a spreadsheet with my betting history to prove this point...
District Court Bars the Sale of Consumers' Telephone Records to Third Parties
Posted on January 28, 2008A federal judge has barred the illegal operation of an information broker who advertised and sold confidential consumer telephone records to third parties without the consumers" knowledge or consent. In entering summary judgment for the Federal Trade Commission, Judge William F...
Reform of State Secrets Privilege at Tuesday Congressional Hearing
Posted on January 28, 2008New Legislation Could Clear Path for Telecom Spying Lawsuits to Proceed in Court Washington, D.C. - On Tuesday, January 29, at 9:30 a.m, members of the U.S. House of Representatives Judiciary Committee will hold a public hearing on reform of the state secrets privilege, which the Executive Branch has often used in recent years to hinder judicial inquiry into controversial anti-terrorism policies such as the CIA's rendition program and the NSA's warrantless wiretapping program...
Islamic Terrorist Software Released to Cloak Jihadist Internet Communications
Posted on January 28, 2008Software designed specifically to aid Muslim terrorists hide their identities and location while online has been released in an updated version, according to security analyst Paul Henry of Secure Computing. He says the program is named Mujahideen Secrets 2, and claims it is "the first Islamic program for secure communications through networks with the highest technical level of encoding...
Am I subject to customs & duties (VAT) even though I am a non-EU national?
Posted on January 25, 2008I am an Egyptian student living in Rome. I purchased a product online and it was shipped from the US a couple of days ago. I was notified of the shipments arrival and arranged a pickup at the FedEx depo in Rome. Upon collection I was asked to pay customs and duties of 93 euros for a product that I purchased for 230 euros...
Online Casinos Will Experience Cyber-Extortion During SuperBowl Betting
Posted on January 22, 2008Online casinos nearing one of their biggest paydays of the year on the eve of SuperBowl XLII must also await anxiously to see whether their site will be one of the many hit by a Distributed Denial of Service attack (DDoS), meant not just to disable, but also reap financial gains for the cyber-criminals who initiate them...
Online Data Privacy and Methods or Mechanisms to Detect Violations
Posted on January 22, 2008In the United States, online private companies' collection and use of customers" personal and identifiable information is subject to government regulations on data privacy. Some of these regulations may be specific to the nature of the website or information collected...
Funerals Going Online in Madras, India
Posted on January 22, 2008With a population approaching that of New York City, the 7.5 million residents of the southeastern metropolis Chennai, India will assumedly take whatever excuses they can find to not embark into the heavy urban traffic. And now the denizens of this artistic hub can respectfully attend funerals online as they mourn the dearly departed via the Net...
From what court could a stockholder seek readress and what type of relief could the court provide?
Posted on January 22, 2008A company issued stocks after stating that the shares were secured. Many investors bought shares in the company. The company files bankruptcy. However the company never actually secured the stocks. The stockholders now want to pursue legal action against the company...
Restricted Access System Declaration 2007
Posted on January 21, 2008Restricted Access System Declaration 2007 New rules for restricting access to age restricted content (commercial MA15+ content and R18+ content) either hosted in Australia or provided from Australia will commence from 20 January 2008. The new rules made by ACMA on 20 December 2007 are specified in the Restricted Access System Declaration 2007 (PDF 38 kb, Word 127 kb), and in the Explanatory Statement to the Declaration (PDF 37 kb, Word 95 kb) and are made in accordance with the new regulation of content framework under Schedule 7 to the Broadcasting Services Act 1992 which also commences on 20 January 2008...
CIA Report: Cyber Extortionists Attacked Foreign Power Grid, Disrupting Delivery
Posted on January 21, 2008In an unusually bold statement detailing another incursion of the Net battle targeting government sites, the CIA admitted web hackers penetrated overseas power grids, compromising service while demanding payment in exchange for cessation. The U.S. Central Intelligence Agency made this announcement at a meeting hosted by the SANS Institute on January 16, in New Orleans, LA...
Beware Chatters: Net-Crooks Have Your Number
Posted on January 21, 2008Next time you are relaxing with a cup of java and Internet messaging a friend, beware that cyber-crooks could be using your spontaneous recreation as an opportunity to breach your security and launch an attack, according to a new study. Instant message users reported many attack incidents, with the assaults broken down as: 19% on the AOL Instant Messenger network, 45% on MSN Messenger and 20% on Yahoo Instant Messenger, with the rest occurring on all other IM networks...
How can I track an Internet scammer?
Posted on January 17, 2008Hi, Here is my story and I would like to know how I should proceed. My nephew Steven wants to open a gaming site on the Internet and since I know a lot about the Internet he asked me if I can help him, and of course I said yes. He met a guy on a gaming site that called himself Jose and he said that he lives in the UK which I don't believe (will explain later)...
Where should I base my offshore e-commerce company?
Posted on January 17, 2008Dear Experts, My wife, tomoko, is Japanese, I am American. We live in California. Tomoko has a sister and parents in japan. Tomoko and her sister plan to start an online retail website selling organic only apparel and cotton products to sell to Japanese customers in Japan...
Study Reveals Large Holes in NYC Retailer Wireless Security
Posted on January 16, 2008The recent National Retail Federation trade show in New York City had a surprise that shocked many small business owners when WLAN wireless defense company AirDefense announced it had tested wireless business security in Gotham and found it at an appallingly bad level...
Personal Data Should be Handled Like Spent Nuclear Fuel
Posted on January 16, 2008Private data is so dangerous and volatile if mishandled and its power to damage lasts so long that one author claims it needs to be viewed like "Hot Nuclear Waste." Personal information is precious to those to whom it belongs to, highly damaging to their security and future prospects if exposed and needs to be treated as if it is a dangerous threat to all of society when not handled with the utmost care and respect...
Internet Disclosure of Civil Court Records: State Public Records Laws v. Privacy?
Posted on January 15, 2008Very simple; defrauders, including businesses, can easily, and at no cost, use Internet published civil court records to supply their ?data collection.? In other words, some state public records laws have become accomplice of defrauders who use ?this mandated service? to obtain people?s financial and other private information for the defrauders? gloomy purpose...
Where is the love? ? A saga in copyright!
Posted on January 14, 2008Malaysia?s neighbor, Indonesia, with whom it shares close cultural links, has accused Malaysia of stealing its cultural heritage. The events came about following an advertisement in Malaysia?s overseas tourism campaign by the Malaysian Tourism Board featuring the traditional folk song ?Rasa Sayang? loosely translated as the ?feeling of love?, as its theme song...
New Boeing 787 Dreamliner May Be Vulnerable to a Cyber-Hjacking
Posted on January 13, 2008Completing the greatest year in the history of aviation marketing with sales of over 800 units, upon the development of its new gas-efficient airplane the "Dreamliner," Boeing is currently riding high. Yet a new report by the U.S. Federal Aviation Administration (FAA) claims the plane may be at risk for hacking into its on-board computer system, with possible disastrous consequences...
'Cyber Cold War' Has Been Launched
Posted on January 13, 2008When IT security colossus McAfee launched a deep study to discover what or who was behind the many recent breaches of Western government and military websites and computer systems, they drew a shocking conclusion ? that a new war on the web had been launched against Europe, the U...
How can I get my VAT refund?
Posted on January 11, 2008We recently went to Italy and Switzerland for vacation. We were told that we needed to get our VAT EU stamp on the train when crossing the border from the Italy/Switzerland border. There was no Italian customs officer on the train. We went to the Zurich train station and went to the Change office and they would not give us an EU stamp on our documents for a VAT refund...
Can I post cheaters' pictures in an online cheaters website?
Posted on January 09, 2008If i was to start a online cheaters exposted website business exposing cheaters around the world, will I be able to post there pictures on the site along with information about them as long as I don't use there physical address?
My professional character is being attacked on the Internet. I need an attorney in California
Posted on January 09, 2008Attacking a person's professional character /standing on the internet. If am a victim of this is there a firm or lawyer that deals with this in my area (california) thanks
What Can I Do Regarding False/Obsolete Registrant Information for Domain Name Registration?
Posted on January 09, 2008This question is regarding false/obsolete registrant information for domain name registration. There is a very derogatory and defamatory website hosted on internic.ca by one of their customers. The targeted individual is in currently in prison in Europe and for many complex reasons and fears has not sought legal or social help...
Is there Reasonable Expectation of Privacy or Confidentiality on Employer-Furnished Laptops?
Posted on January 08, 2008An employee has no expectation in workplace computer files where company guidelines and policy explicitly inform the employee that no expectation of privacy exists." This is a well settled principle of law held in Muick v. Glenayre Elecs, 280 F...
Are my informal e-mails legaly binding contracts?
Posted on January 08, 2008My question is in regards to personal emails, about my business, breeding dogs, and "promises" thought to be made to another party. I have a friend who has purchased a dog from me earlier this year. Through email conversation, he asked me if I would "give" him a dog from an up comming breeding I had planned...
Cyber Fraud and Online Bullying Affect 44% of Small Irish Businesses
Posted on January 08, 2008An Irish study reveals that cyber crimes such as bullying and fraud are a significant problem for island commerce and take away vitality and profits from the smaller business sector with a presence on the web. Assistant Director of the Small Firms Association, Avine McNally said, "Firms are increasing their use of information technology (IT) and the internet on a daily basis, and while this brings enormous benefits to the business, firms must realise that they are vulnerable when online...
Saudis Censor Blogger, Highlighting Lack of Online Rights
Posted on January 08, 2008Lack of Internet Rights of Free Speech and Political Expression in Saudi Arabia and the Muslim world have been highlighted again by the detention of a well-known blogger whom the Government deems a threat to their society. The royal Government Interior Ministry said Fouad al-Farhan, 32, was arrested December 10 "because he violated the regulations of the kingdom...
FTC Staff Proposes Online Behavioral Advertising Privacy Principles
Posted on January 06, 2008To address important consumer privacy concerns associated with online behavioral advertising, the staff of the Federal Trade Commission today released a set of proposed principles to guide the development of self-regulation in this evolving area. Behavioral advertising is the tracking of a consumer?s activities online ? including the searches the consumer has conducted, the Web pages visited, and the content viewed ? in order to deliver advertising targeted to the individual consumer?s interests...
Benazir Bhutto Assassination Websites Used to Spread Computer Viruses
Posted on January 06, 2008Many websites apparently meant to mourn Pakistani Prime Minister Benazir Bhutto's murder by assassin were really designed to help spread malware for fraud and other nefarious purposes. This proves again how quickly Internet criminals can move to capitalize on opportunities to find new victims...
Sears and K-Mart Purposely Exposing Web Customers to Spyware
Posted on January 06, 2008A Harvard professor has published a claim that Net marketing software employed by Sears and corporate sibling K-Mart has been linked to privacy concerns, and worse, they are not divulging this information as they are obliged to do by law. Business School Assistant Professor Ben Edelman, who wrote the report, says, "The software is not something you'd want on your computer or the computer of anyone you care about," said Edelman in an interview...
Federal Trade Commission Closes Google/DoubleClick Investigation
Posted on December 24, 2007Proposed Acquisition "Unlikely to Substantially Lessen Competition" The Federal Trade Commission today announced that it will not seek to block Google Inc.'s proposed $3.1 billion acquisition of Internet advertising server DoubleClick Inc. In a 4-1 vote to close its eight-month investigation of the transaction, the Commission wrote in its majority statement that "after carefully reviewing the evidence, we have concluded that Google''''s proposed acquisition of DoubleClick is unlikely to substantially lessen competition...
Entertainment Outlets ?Face the Music?
Posted on December 24, 2007Supriyo Mukherjee, the Eastern Regional Head of Phonographic Performance Limited (PPL), which is the licensing arm of the Indian Music Industry (IMI), has sought criminal action for copyright violations against ten business organizations. The music industry loses over Rs 50 lakh (US $ 127,000) of revenue every month through copyright infringement...
Trends in Identity Theft, From 2007 into 2008
Posted on December 24, 2007While certain new developments have characterized Identity Theft in 2007, others are believed to be on the cusp for 2008. The analysts at the Identity Theft Resource Center made five predictions for 2007, all of which turned out correct. The IFRC bases its prognostications upon victim experiences and data from law enforcement focusing on how criminals steal and employ personal identifying information and financial details...
Continuing Data Loss Debacle Creates UK Government IT Circus
Posted on December 19, 2007In a seeming unending series of lost data blunders creating the distinct impression of British Government technological incompetence, analysts are now debating methods to stop the private information hemorrhage. In late 2007, Her Majesty's Revenue and Customs admitted to losing the private ID and financial details of 25 million individuals...
India Busting Barriers as New Satellite Connection Set for Remote Villages
Posted on December 18, 2007Next June, India plans to send a satellite into orbit expressly to provide computer connections to remote villages, according to the Government Space Department. The Chairman of the Indian Space Research Organisation, G. Madhavan Nair, said in a speech, "We are going to launch GSAT-4 which will have digital connectivity on board...
E-commerce Patents
Posted on December 18, 2007E-commerce patents are the latest protection for innovative business methods delivered online. Many claim e-commerce models are not patentable because the subject matter they assert is not within the statutory definitions and because the United States Patent office, and most patent offices around the world, are not outfitted for this analysis...
Video-game Industry Watchdog Clamps Down on Illegal Game Activity in Singapore
Posted on December 16, 2007In an effort to enforce its posture against piracy, the video game watchdog, Entertainment Software Association (ESA) in conjunction with the Singapore Police, carried out raids on local stores selling illegal video games. The shops were selling gadgets that allowed users to download and play pirated games on their Nintendo DS handheld consoles...
Tiffany Jewelers Court Case: Ebay a 'Rat's Nest' of Fakes
Posted on December 16, 2007In an extraordinary broadside leveled at the integrity of the Internet's largest auction house, Tiffany Jewelers of New York City has claimed in a court case that consumer buyer safeguards in the business are appallingly absent. Tiffany's, the world's second largest luxury jeweler, has stated in its court brief about eBay, "Indeed, it was a proverbial 'rat's nest...
Prediction: Internet to Double in Next Decade to Two Billion Users
Posted on December 16, 2007While most economists and online-business people will be delighted to hear that the Internet recently passed the one-billionth user mark, Governments, Web infrastructure gurus and other analysts are busy discussing and laying plans for how to properly accommodate the next billion coming online, which is predicted to happen within the next ten years...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
If a family members submits an article to an internet web site regarding the family, without the permission of other family members, do the family members have the right to request the article to be deleted from the site
If the article says things about the family which are not true then the family c...
What Happens If You Cash A Fake Cashiers Check?
It is called money laundering and your friend would be dealing with the Fed's on...
How does one make honest money online?
Simply visit :
1. www.mylot.com ( they paid to my sister for the first mon...
I myself live in chicago and i believe me grandmother and father have left me property in flordia but i belive my father is trying to hide it from me. i was wondering if anybody knows how i can get a copy of both of ther
public records or hire and attorney and have the documents subponead...
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