By Patrick Van Eecke & Maarten Truyens
5 Shidler J. L. Com. & Tech. 11 (2009)
Constitutional & Regulatory
11/13/2009
As the European Commission pushes for a reform of traditional procedures in the Information and Communications Technology (“ICT”) sector, the standardization process is intensely debated on the European Union level. This Article provides a concise overview of the past and future European Union policies on ICT standardization and the issues such policies raise.
By Francoise Gilbert
5 Shidler J.L. Com. & Tech. 6 (2008)
Constitutional & Regulatory
6/1/2009
This article examines the issues raised by the use of the Internet by minors and children. In addition to being an outstanding source of information and a tool for connecting people in numerous affinity networks, the Internet has a dark side. Its resources may be abused for many bad deeds, including cyber bullying or facilitating encounters with child predators. One way to protect minors is to ensure that their age and identity is verified. However, this is not technically feasible without infringing on the privacy of these children as well as that of the adults who might have to be screened as well, if only to prove that there are not minors. After looking at the current problems, the existing laws, and comparing with developments in other countries, the article identifies some of legal and technical hurdles before stressing the important role of parents, guardians and education. While legislators are playing whack-a-mole, chasing child pornography, child predators, and cyber bullying, parents cannot let their children venture on the Internet unprepared and unsupervised. Despite its friendly face and its very approachable demeanor, the Internet is not a nanny. Rather, it is a reflection of the world, a combination of the good, the bad and the ugly.
By G. Martin Bingisser
5 Shidler J.L. Com. & Tech. 7 (2008)
Constitutional & Regulatory
6/1/2009
This Article discusses the tax consequences of transactions involving Massive Multiplayer Online Role Playing Games (“MMORPGs”). MMORPGs have recently grown in popularity and developed significant economic activity. Virtual goods used in these games are traded for both real and virtual currency. While few dispute that a sale of virtual goods for real currency is a taxable event, more complex tax issues arise concerning transactions that occur solely within virtual worlds. This Article analyzes the tax consequences and policy issues surrounding such transactions.
By Nicole Lindquist
5 Shidler J.L. Com. & Tech. 8 (2009)
Constitutional & Regulatory
6/1/2009
Recent Iowa and Massachusetts ethics opinions declared that an attorney may owe ethical obligations to prospective clients who send the attorney just a single email regarding legal assistance. These ethics opinions are part of a trend whereby jurisdictions are extending the duty of confidentiality to prospective clients who send unsolicited emails to attorneys, when those persons reasonably believe that the conveyed information will be held in confidence. These opinions highlight the importance for all attorneys to disclaim duties of confidentiality and representation, particularly when advertising online. This article discusses ethical opinions regarding prospective clients who send unsolicited emails and concludes by providing pointers to help attorneys avoid unintentionally extending ethical duties.
By Chelsea Peters
5 Shidler J.L. Com. & Tech. 10 (2009)
Constitutional & Regulatory
6/1/2009
On January 14, 2008, social networking Web site MySpace.com announced an agreement with the Attorneys General of forty-nine states and the District of Columbia aimed at increasing the safety of children online. MySpace.com and the Attorneys General created a “Joint Statement on Key Principles of Social Networking Sites Safety,” which sets forth various principles and goals for improving online safety for children through new online safety tools, design and functionality changes, education tools, and law enforcement cooperation. This article closely examines the agreement between MySpace.com and the Attorneys General and attempts to determine whether any best practices have emerged regarding children’s online safety that other businesses should consider implementing to avoid liability.
By C. Christine Porter
5 Shidler J.L. Com. & Tech. 3 (2008)
Constitutional and Regulatory
9/23/2008
Recent computer science research demonstrates that anonymized data can sometimes be easily re-identified with particular individuals, despite companies’ attempts to isolate personal information. Netflix and AOL are two examples of companies that released personal data intended to be anonymous but which was re-identified with individual users with the use of very small amounts of auxiliary data. Re-identification of anonymized data may expose companies to increased liability, as the information may no longer be treated as anonymous. In addition, companies may violate their own privacy policies by releasing anonymous information to third parties that can be easily re-identified with individual users. The potential for third parties to re-identify anonymous information with its individual source indicates the need for both increased privacy protection of anonymized information and increased security for databases containing anonymized information.
By Chelsea Peters
5 Shidler J.L. Com. & Tech. 4 (2008)
Constitutional and Regulatory
9/23/2008
The Federal Trade Commission recently exposed Whole Foods’ CEO John Mackey for having made pseudonymous posts on financial message boards for over seven years. Mackey’s practice of “sock puppeting,” or posting under a false identity to praise and build support for one’s company, is becoming more common among high-powered corporate executives who have few other outlets in which to vent their frustrations and spar with their critics. In July, the SEC began an informal investigation into Mackey’s posts. This article examines the liabilities sock puppeteers may face under current securities regulations, particularly § 10b-5 of the Securities Exchange Act of 1934 and Regulation Fair Disclosure (“FD”).
By Shaobin Zhu
5 Shidler J.L. Com. & Tech. 5 (2008)
Constitutional and Regulatory
9/23/2008
The Internet and advances in telecommunications technology present unprecedented opportunities for cross-border fraud and deception directed at U.S. consumers and businesses. However, the Federal Trade Commission’s (“FTC”) ability to obtain effective relief may face practical impediments in prosecuting these cross-border wrongdoers. To help address the challenges posed by the globalization of fraud, President Bush signed the Undertaking Spam, Spyware and Fraud Enforcement With Enforcers Beyond Borders Act of 2006 (“U.S. SAFE WEB Act” or “Act”) into law on December 22, 2006. This Article discusses the FTC’s expanded enforcement authority granted by the Act to fight fraud and deception, and particularly to fight illegal spam, spyware, and cross-border fraud and deception. Privacy advocates have voiced concern that the FTC may now have more power to invade the privacy of U.S. citizens. This Article concludes that the Act’s grant of power to the FTC is not too broad, and that the Act maintains an appropriate balance between law enforcement interests and privacy interests.
by G. Martin Bingisser
4 Shidler J. L. Com. & Tech. 9 (2008)
Constitutional & Regulatory
2/25/2008
This Article discusses state laws requiring notification of a party whose personal information is held by a business or government agency when the third party’s security is breached and an unauthorized person accesses the personal information. In the wake of the 2005 ChoicePoint data breach, over half of the states passed legislation requiring that companies notify the affected parties after breach of personal information. Most of the state statutes followed the model set forth by California’s Security Breach Notification Act of 2002. However, significant variations exist between the different statutes, which can create compliance problems. This Article specifically illustrates the relevant differences, analyzes the effect of the statutes, and discusses the policy implications of such legislation.
by Jennifer W. Chiang
4 Shidler J. L. Com. & Tech. 2 (2007)
Constitutional & Regulatory
6/6/2007
It is disputed whether the United States has a blanket federal prohibition on Internet gambling. As a result of the lack of cohesive federal oversight, states have passed their own Internet gambling laws which, depending on the state’s approach, may regulate making bets online, taking bets online and transferring money between bettor and casino. Some even extend to regulating speech and Internet casino advertisements. For example, card rooms and Indian casinos are prevalent in Washington State, but the state legislature recently made placing a bet over the Internet a Class C felony. This Article will analyze the current framework for Internet gambling regulations, with a brief overview of the federal Unlawful Internet Gambling Enforcement Act of 2006. It will detail the various kinds of regulations utilized at the state level and analyze their interplay with federal law in the United States.
By Laura Dunlop
3 Shidler J. L. Com. & Tech. 16 (2007)
Constitutional & Regulatory
4/6/2007
President George W. Bush's administration has outlined initial necessary steps to transform the healthcare delivery system through adoption of interoperable electronic health records ("EHRs") by the year 2014. This Article examines the nation's shift toward the use of EHR technology, which largely facilitates patient care by providing clinicians with the ability to review a more complete medical record at the time of treatment. Current legislation calls for financial support and technical standards. However, lawmakers neglect to fully address the Health Insurance Portability and Accountability Act ("HIPAA") and the need to expand its application and enforcement. In addition, healthcare provider Anti-Kickback and physician self-referral statutes may continue to deter electronic connectivity progress in healthcare, despite recently finalized safe harbor regulations. The Article concludes that while lawmakers have demonstrated strong support for the health information technology ("HIT") initiatives, significant challenges remain to EHR adoption, including the lack of interoperability standards, financial obstacles, and privacy and security concerns.