Mark Sableman

Mark Sableman

Thompson Coburn LLP

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Certifying privacy compliance: Is TRUSTe sufficiently trusty?

People concerned about privacy often ask, “Who can you trust?” And thus it’s worrisome when even a trusted intermediary — indeed, a privacy certification provider named for trust, TRUSTe — turns out to have a trustworthiness...more

11/26/2014 - Certifications COPPA FTC Non-Profits Privacy Policy Settlement

The big data security risks of little things

We've focused so much about Big Brother and Big Data that we may be missing the real data security threat — little things. A tremendous data flow is being generated from the so-called Internet of Things, the interconnected...more

11/13/2014 - Big Data Cybersecurity Electronic Devices Internet of Things Internet Privacy Mobile Devices Mobile Privacy NIST Popular Wireless Devices

What are you giving up when you click a click-through contract?

Here are some of the things people consent to when they click on "I agree"... ?That all disputes will be heard and decided in the courts of King County, Washington, ?That they accept the app or service...more

10/29/2014 - Click-Through Nexus Contract Formation Internet Websites

New copyright compendium provides some answers for website owners

If you are looking for answers to copyright questions, the Copyright Office’s newly issued 1,222-page “Compendium of U.S. Copyright Office Practices” might seem like a good resource. The book, issued on August 19, 2014, to...more

9/9/2014 - Copyright Copyright Office Internet Websites

Copyright and performance rights in an online video world

We can chalk up another Internet-prompted intellectual property frontier: performance rights. People have been performing for one another for centuries. But suddenly courts are grappling with performance copyright claims,...more

8/28/2014 - Appeals Contract Interpretation Copyright DMCA Online Videos Popular Public Performance Rights Takedown Notices

Duke, Hershey, and Winston: Who gets to trademark a famous name?

Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name...more

8/5/2014 - Brand Trademark Litigation Trademarks

Who owns your domain names?

Asking who owns your domain name is not as silly a question as you might think. And it is one that needs more attention from many businesses. Many small businesses, in particular, treat ownership of their Internet domain...more

7/22/2014 - Domain Names Internet Popular

Seventh Circuit says Sherlock Holmes is still copyright-free

A district court decision declaring that the character of Sherlock Holmes is copyright-free was affirmed by the U.S. Court of Appeals for the Seventh Circuit in a unanimous decision written by Circuit Judge Richard Posner....more

6/25/2014 - Appeals Arthur Conan Doyle Copyright Sherlock Holmes

Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

6/23/2014 - Blackhorse v Pro-Football Disparagement Football Laches Native American Issues NFL Redskins Registration Trademark Act Trademark Trial and Appeal Board Trademarks

In Google Spain ‘right to be forgotten’ case, EU court looks critically at free expression defense

The European Court of Justice’s decision in the Google Spain “right to be forgotten” case isn’t just a ruling about a crazy European regulation. Commentators who brush it off on that basis, or as an anti-free-speech...more

6/6/2014 - Cybersecurity Data Controller Data Protection EU EU Data Protection Laws First Amendment Google Popular Right to Be Forgotten Right to Privacy Search Engines

Court upholds citizen surveillance of police activity

We often worry of growing privacy intrusions due to surveillance. But surveillance comes in different flavors, and some surveillance can even affirm and support individual interests in personal liberty. For example, a recent...more

6/2/2014 - Appeals Citizens First Amendment Police Misconduct Surveillance Video Video Recordings

Journalism still struggling with an Internet that never forgets

When an editor or news director selects a story as newsworthy and appropriate for publication at a particular place and time, should that story remain readily accessible at all times and in all places?...more

5/7/2014 - Ethics Internet Journalism News Stories

Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

4/14/2014 - Big Data Data Protection Privacy Laws Right to Privacy

Court strikes down Illinois eavesdropping act, opens debate on privacy in the digital age

In two landmark rulings that may prompt further examination of how our laws identify and protect privacy interests, the Illinois Supreme Court has found unconstitutional Illinois’ long-standing electronic eavesdropping act....more

3/25/2014 - Eavesdropping Invasion of Privacy Right to Privacy Surveillance

The newest mobile privacy issue: Tracking shoppers’ footsteps in stores

In our electronic-device age, new data privacy issues seem to pop up every day. Did you know that you were being tracked as you walked through a retail store?...more

3/7/2014 - Data Protection FTC Mobile Devices Mobile Privacy Warrantless Tracking

Courtney Love, Yelp and Internet libel: Nevermind, it’s not a trend

Courtney Love goes to trial, in a suit by her former attorney, based on a social media message that accused the attorney of being “bought off.” A Yelp user and the contractor she criticized go at each other in court over...more

2/25/2014 - Defamation Libel Online Reviews Yelp

Sherlock Holmes and the case of the split copyright personality

Between Benedict Cumberbatch’s sly smile on the BBC’s “Sherlock” and Johnny Lee Miller’s haunted recovering drug addict on CBS’ “Elementary,” there’s no shortage of possible Sherlock Holmes’ in modern culture. (Add in Robert...more

1/28/2014 - Copyright Public Domain Publishers Sherlock Holmes

Whitepaper roundup: Privacy, copyright, and digital advertising

Readers seem to have liked our post about the recent GAO report that summarized the U.S. data privacy debate. For those interested in Internet law and policy issues, there are plenty of other official reports that you can use...more

1/13/2014 - Advertising Copyright Cybersecurity Data Protection Domain Names Edward Snowden GAO Native Advertising NSA Privacy Laws

The U.S. data privacy debate, in a nutshell

Do you want a comprehensive overview of the data privacy debate in the United States? Well, the Government Accountability Office has written one — just for U.S. Sen. Jay Rockefeller (D-WV), his Senate Commerce Committee, and...more

12/19/2013 - Data Breach Data Protection Electronic Communications Privacy Laws

FTC says app developers must shine more light on how they use data

When your own flashlight is spying on you, something is wrong. That, at any rate, is the Federal Trade Commission’s thinking in a case that illustrates how, in today’s electronic world, privacy concerns can lurk in the most...more

12/13/2013 - Android Data Collection Disclosure Requirements FTC Geolocation Mobile Apps

Safe Harbor after Snowden: What are the EU’s biggest pain points on data privacy?

Internet commerce works because data flows freely around the globe — usually. But there are barriers to data flows, and recent developments have spotlighted a key one: the European Union’s restrictions on the international...more

12/6/2013 - Data Protection EU Internet Privacy Laws Safe Harbors

Privacy in social media – is it really an oxymoron?

Yes, privacy in social media is pretty close to an oxymoron. At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the...more

11/25/2013 - Facebook Internet Privacy Policy Right to Privacy Social Media

Attention Internet publishers: Linking limits libel liability

When the Internet was young, and the thrills of hypertext linking were still new, hyperlinks were viewed as a potential source of liability. I wrote about linking liability then, and followed up a few years later, as more...more

11/21/2013 - Affirmative Defenses First Amendment Internet Libel Publishers

Advertising Law: It's not your father's first amendment

Advertising seems like an unlikely candidate for constitutional protection. Think of the snake oil and patent remedy advertisements in newspapers a century ago. Even today, political candidate ads seem to take an "anything...more

11/19/2013 - Advertising First Amendment Free Speech

What’s the future of free speech protections for advertisements?

Faced with sharply declining ad revenue, both the Associated Press and The New York Times recently announced plans to incorporate native advertising into their editorial content streams....more

11/8/2013 - Advertising Brand First Amendment Free Speech Native Advertising

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