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Reverse Showrooming: A Look at the Other Side

In previous blog posts, we have covered developments in showrooming, the consumer behavior of browsing brick-and-mortar stores to evaluate a product before purchasing it online. We warned traditional retailers of this threat...more

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

DOE And EPA Announce Updated SEE Action Website

The U.S. Department of Energy (DOE) and EPA State and Local Energy Efficiency Action Network (SEE Action) website has been redesigned. The website provides information on successful efforts to advance energy efficiency across...more

Dot-com: A Health Professional's Website Is Not Just Another Website

Many physicians and other health professionals maintain a robust Internet presence, including websites and portals to provide patients with information. However, I was recently reminded of how easy it is to overlook the...more

FRANCE: Cookies Sweep Day Is Here

The CNIL announced last week that it was conducting its Cookies Sweep on September 18-19. The CNIL reviewed 100 French websites and checked the following...more

COPPA Update: Ask and Ye Shall Receive…Actual Knowledge

Online services that ask for the age of users as part of the registration process will be deemed to have “actual knowledge” of that information. Whether or not one’s site is directed to children, a registration process that...more

State Controller Rolls Out an Open Data Website on Local Government Finances

New Website Promotes Government Transparency - In a major move to enhance government transparency, State Controller John Chiang rolled out a new open data website last week that lists more than 13 million fields of...more

Squire Patton Boggs – where’s the website?

There’s been some discussion lately regarding the impressive mega-merger between Squire Sanders and Patton Boggs, and the delay in getting a new combined website online. (See e.g. John Byrne’s post in “The Byrne Blog.”) ...more

ISS Introduces Equity Plan Data Verification Web Site for U.S. Companies

As a supplement to its existing QuickScore data verification portal, ISS has announced a new Equity Plan Data Verification portal. Equity Plan Data Verification will provide eligible companies with an opportunity to preview,...more

Arbitration Agreement On Barnes & Noble’s Website Not Enforceable

In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the website’s “Terms of Use.” Nguyen v. Barnes & Noble Inc., __ F.3d__, 2014 WL...more

Why Manufacturers Should Look At The Federal Trade Commission (FTC)’s Website

As readers of this blog know, Pam looks at OSHA’s website often to stay up to date on news that impacts manufacturers. I tend to look at the Federal Trade Commission (FTC)’s website to see if there are any recent orders or...more

Is Your Browsewrap Terms of Use Agreement Enforceable?

Many websites use browsewrap terms of use agreements, which say that by virtue of using or making a purchase on the website, the user agrees to those terms of use. However, the 9th Circuit’s recent opinion raises questions...more

Let’s Get This Straight, A URL Is Not An Address (At Least In This Case)

Technology continues to challenge the law. For example, what does it mean for someone to have an address? Is that where a person is physically located or where that person can be found in cyberspace? Such were the...more

European “Cookie Sweep” Initiative – 15 - 19 September 2014 – Is Your Website Ready?

The European data protection authorities will be conducting a “cookie sweep” later this month, carrying out random spot checks on websites to assess for compliance with EU “cookie” laws. Businesses should therefore be...more

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

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...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

The MOST-Important Question to Ask Before Updating Your Website is…

I read a lengthy online discussion detailing dozens of interview questions to ask a potential website developer. As expected, the questions focused on Design issues like font and layout, or Technical issues like platform and...more

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's...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

How Website Operators Use CFAA To Combat Data-Scraping

“Web scraping” or “Web harvesting” — the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders” — accounted for 18 percent of site visitors and 23 percent of all...more

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent...more

Important Changes to Russian Data Protection Rules

There has been an important development in Russian Data Protection Law. On July 22, 2014 a new law amending the law on data protection and law on information was signed off by the Russian President and thus was...more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Weighing in – 1.2 Billion Usernames and Passwords. What, Me Worry About CyberSecurity?

Last month one of our lead articles was Cyber Security: Forewarned is Fair-Warned. Last week the New York Times published an article reporting that at least 1.2 billion usernames and passwords were hacked by a Russian...more

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