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Canada’s Anti-Spam Legislation: An Advantage for Cloud Computing?

The communications provisions of Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014. Generally speaking, CASL prohibits a person from sending a “commercial electronic message” without the consent of the...more

Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied...more

ADA Claims Coming for Retailers This Holiday Season for Inaccessible Websites

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at “enhanced disclosure” requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who...more

Tennessee SaaS Ruling Highlights Telecommunications Concerns for SaaS Providers

The Tennessee Department of Revenue recently released Letter Ruling No. 14-05, in which it considered whether certain cloud collaboration services are subject to the state’s sales tax. At a high level, the provider’s...more

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business...more

BELGIUM: Belgian government’s new focus on privacy and technology laws

Almost five months after federal parliamentary elections took place, the negotiators from the four political parties around the negotiating table (Flemish parties NVA, CD&V and Open VLD and Walloon party MR) reached a...more

Marriott signs FCC Consent Decree and agrees to pay $600,000 civil penalty for Wi-Fi blocking

Have you ever wondered why your cell phone or personal Wi-Fi hot spot does not seem to work in some hotels? As more business and leisure travelers equip themselves to stay in constant communication with their work...more

Promotional Allowances in a New Retail Environment: FTC Revises its Fred Meyer Guides

The Commission revised its guidelines for interpreting and complying with the Robinson-Patman Act to account for changes in technology and methods of marketing that have taken place since the last revision in 1990, including...more

It’s 11:30 PM, do you know where your data is? Privacy & Connected Devices

This marks the second week of National Cyber Security Awareness Month, and one focused on the Secure Development of IT Products, so it seems only appropriate to discuss security and The Internet of Things and a recent panel...more

The typical data breach lawsuit and how to protect your company

The typical data breach lawsuit and how to protect your company - Companies can ill afford to wait until they experience a data breach to implement protective measures - With more than 1,367 confirmed data...more

California’s Latest Amendments to Its Data Security Breach Notification Law – Much Ado about Nothing?

On September 30, 2014, California Governor, Jerry Brown, signed Assembly Bill 1710 into law, amending California’s existing personal information privacy laws. A.B. 1710 makes several changes to existing laws including...more

Connected Cars – legal issues and hurdles!

Connected cars are expected to generate $ 131.9 billion by 2019 with a compound annual growth rate (CAGR) of 34.7% from 2013 to 2019. But such growth shall face legal issues that not only affect data protection matters, but...more

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)....more

New Data on Rule 506 Offerings

Crowdnetic, a provider of technology and market data solutions to the global crowdfinance marketplace, has shared with us for publication data collected through their network of intermediaries....more

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

Users Choose The Rules of Reddit – Which Is Why They Need Code of Ethics Training

If you haven’t heard about it already, or maybe you are just like me and try and stay out of the celebrity gossip as much as possible, there has been a leak of several celebrities’ nude photos across the internet. Celebrities...more

Emerging Technologies Push the Boundaries of Privacy Law

As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more

A Brave New World? Recent Challenges Facing Foreign IT Companies in China

On September 1, 2014, China’s Ministry of Industry and Information Technology (MIIT) issued the Guiding Opinions on Strengthening Network Security in the Telecommunications and Internet Sectors (the “Opinions”). Issuance of...more

NIST Issues Draft Report Enumerating Risks and Protections to Consider When Evaluating Mobile Apps for Your Enterprise

As the world recovers from the excitement leading up to Tuesday’s Apple Live Event announcement of the new iPhone 6 and Apple Watch, mobile app developers are chomping at the bit to create software that leverages the new...more

Wearable Fitness Device Privacy Concerns Abound

How would you feel if businesses or individuals had access to your medical records? There is no question that advertisers, businesses, and even overly-clingy significant others would love to have access to your private...more

California Attorney General Issues Privacy Practices Guide

Consumers that have spent more than a few seconds attempting to decipher an online privacy policy tend to agree that most privacy policies are overly long, difficult to read, and fail to offer any meaningful choice to the...more

Hazardous Chemical Users: Time to Consider Compliance with the GHS

In most Australian states, businesses involved with hazardous chemicals must comply with the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) from 31 December 2016. 'Businesses' include...more

Intra-EU supplies of digital services and VAT – new place of supply rules and VAT Mini One Stop Shop (MOSS)

On 1 January 2015, new rules will take effect to determine where intra-EU supplies of “digital services” to consumers will be deemed to take place for VAT purposes. This is a major change which will affect any person who...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

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