Internet

News & Analysis as of

Doing Business in Canada: E-Commerce

E-COMMERCE - Canada has a vibrant Internet community. Because of the great expansion of the Internet in Canadian homes and businesses, Canada and its provinces have, in recent years, regulated Internet activity and...more

Broadband Providers Must Guard Against Subsidized Overbuilds as FCC Readies $9 Billion to Deploy Broadband to “Unserved” Areas

Phase II of the FCC’s Connect America Fund (“CAF”) program will disburse up to $9 billion in support (i.e., subsidies) over the next five years to price cap incumbent local exchange carriers (“ILECs”). This support will be...more

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more

Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification

Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the...more

Supreme Court Invalidates Aereo’s Streaming Service, Finding Existing Copyright Law Applies to the New Technology of Internet...

The recent rapid development of the Internet and other new modes of communication has raised significant questions about whether existing copyright laws adequately protect the rights of content creators. On June 25,...more

Status Updates - June 2014 #7

..A Gallup survey found that a majority of Americans do not turn to social media when making purchasing decisions — but the survey appears to be flawed in several respects, especially because the information was gathered 18...more

German Federal Court of Justice Decides on Deletion of Unused Domains and Typosquatting

German law on internet domains is not codified in a uniform statutory law, but spans over a variety of legal areas such as trademark law, unfair competition law and naming rights and is strongly built on court decisions....more

Louisiana’s recent enactment of the Personal Online Account Privacy Protection Act

Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...more

No Class: Hulu Users Lose Certification Motion

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the...more

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media

In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the...more

Amazon’s Inability To Register Domain Name .Amazon Is An Interesting Case Study For New gTLDs

Do you want your company to control .app or .restaurant? Applying to operate a generic top-level domain (gTLD) isn’t for the faint of heart. Although several hundred companies ponied up the $185,000 application fee for over...more

Illinois Department of Revenue’s Local Retailers’ Occupation Tax Sourcing Rules Pass Hurdle; Sourcing Rules for Internet Sales...

During its June 17 meeting, the Illinois Joint Committee on Administrative Rules (“JCAR”) approved the Department of Revenue’s (“DOR”) proposed local retailers’ occupation tax rules (“Local ROT Sourcing Rules”) issued...more

FDA Issues Two Draft Guidance Documents Relating to Internet and Social Media Use by Drug and Device Manufacturers

On June 17, 2014, the Food and Drug Administration (“FDA”) released two draft guidance documents related to manufacturer communications on the Internet and social media platforms. The two documents are (1) “Internet/Social...more

Authors Guild, Inc. v. HathiTrust

Authors Guild, Inc. v. HathiTrust - USCA, Second Circuit, June 10, 2014: Second Circuit rules that doctrine of “fair use” allows consortium of university libraries to create full-text searchable database of copyrighted...more

Chairman Wheeler Urges Prioritizing E-Rate Funding for Wi-Fi by Next Year

FCC Chairman Wheeler posted a blog entry today on the agency’s website emphasizing the need to change its E-rate rules before the next e-rate funding year in order to encourage the deployment of Wi-Fi to the nation’s schools...more

When It Comes to Net Neutrality, No One’s Neutral

Earlier this month, the Federal Communications Commission voted to open for public debate new rules designed to guarantee an open internet. The FCC’s Democratic chairman boldly proclaimed: “This agency supports an Open...more

Legal Alert: Internet Tax Freedom Act Extension Clears Congressional Committee

On June 18, the Judiciary Committee of the U.S. House of Representatives voted in favor of H.R. 3086, the Permanent Internet Tax Freedom Act (PITFA) by a vote of 30-4. PITFA permanently extends the moratorium on state and...more

CPSC Emphasizes Internet Presence with New Monthly Progress Reporting Template

NEW MONTHLY PROGRESS REPORT - In May 2014, the Consumer Product Safety Commission (CPSC) rolled out a new monthly progress report for companies executing a product recall. The form is available here. The new template...more

Internet Gaming: Has the Train Left the Station?

While he is in the process of negotiating a new gaming compact with the Seminole Tribe, Florida Governor Rick Scott has jumped into the contentious debate on whether Internet gaming should be legal. In this, the Governor has...more

Virginia Supreme Court Agrees to Hear Appeal in Yelp Users Defamation Case

Yelp.com (Yelp) labels itself an "online urban guide." Specifically, the website allows users to write reviews about experiences at businesses they've visited. It also permits users to browse the posted reviews. The...more

Can ad auction site take brands to the big leagues?

The easiest way to think of Instant Sponsor is as the eBay of sports advertising but without the second-hand merchandise and garage sale leftovers. The California-based company runs an online auction platform that...more

Fraudulent use of a service by hackers – a lesson for service providers

A recent case contains some salutary lessons for service providers concerning liability for fraudulent use of their services. It appears that unless the contract has clear terms to the contrary then the service provider, not...more

Is .XYZ The Next .COM? You Might Be Surprised.

Most of our readers are now familiar with ICANN’s new generic top-level domain (gTLD) program, which saw over 1,900 applications from various entities seeking to operate new top-level domain name registries. ...more

California Attorney General Issues Privacy Policy Guide

On May 21, 2014, California's Attorney General Kamala D. Harris issued the "Making Your Privacy Practices Public" guide (the "Guide") to provide businesses with guidance on creating more transparent privacy policies that...more

EU Court of Justice Rules Web Browsing is not Copyright Infringement

Whenever we view content on the Internet, our web browsers (Internet Explorer or Firefox, for most folks) make temporary copies of that content on our computers. Amongst the rights reserved by copyright holders is the right...more

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