Technology and the Law

THE LATEST LEGAL DEVELOPMENTS IN THE DIGITAL WORLD.

E-mail protected by the 4th Amendment in the Warshak case

Posted by: Jennifer Yoon

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In U.S. v. Warshak, the Sixth Circuit Court of Appeals ruled that emails must be afforded the same protection as letters and telephone communications under the 4th Amendment.  In other words, before the government can search and seize e-mails, it will need to obtain a warrant.


Safeguarding the privacy of internet users has become a popular topic of discussion and rightly so. Due to ongoing technological developments the internet has made life more convenient for its users. Ordering products online has become relatively simple and fast when the specific website already has the user’s information and the user appreciates the suggestion of other products by the website that are related to the product the user just purchased.


The U.S. Supreme Court granted certiorari in the Microsoft v. i4i case and will have to decide the whether the invalidity of a patent needs to be proven by clear and convincing evidence or by a preponderance of evidence.


On November 23, 2010 a jury in the US District Court Northern District of California awarded $1.3 billion in damages for software copyright infringement. The awarded damages are said to be the largest in copyright infringement cases ever.


Call for stricter data protection in the EU

Posted by: Jennifer Yoon

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The European Commission recently released a paper in which it announced its strategy to create stricter data protection rules in the European Union. Due to fast developments in technology and globalization it has become easier for individuals to provide and share personal information on the internet, information that companies efficiently can use for various business purposes. The personal information needs more protection than the current EU Data Protection Directive of 1995 provides for, according to the European Commission.


Jeffrey Neu, founder of J. C. Neu and Associates, served as general counsel to the newly elected Chip Cravaack and the Cravaack for Congress campaign in the Minnesota 8th district.  Chip Cravaack won an extremely close race against the 36 year incumbent James Oberstar to join the United State House of Representatives.


Reuters as reported "U.S. communications regulators on Wednesday put off a controversial decision on Internet traffic rules, giving industry and consumer groups a chance to forge a compromise while avoiding a politically sensitive issue ahead of the November elections."


DRM provisions of DMCA under attack - fair use exemption

Posted by: Jeffrey Neu

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The Digital Millenium Copyright Act, passed in 1998 was designed to deal with modern concerns of protecting copyright in the new "modern" age.  It deals with encryption, online publication, and a variety of other copyright related issues.  One thing the DMCA prevented was the breaking or "cracking" of encryption for personal or "fair use" instances.  Fair use is often related to non-commercial or public information enterprises, and in this instance, it is related to personal use of DVD's, phones, and other electronics.  The Library of Congress, via the Register of Copyrights, has just recently issued the following circumvention exemptions as it relates to DRM (or Digital Rights Management).


Googe bests Viacom - safe harbor provisions protect YouTube

Posted by: Jeffrey Neu

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On June 23, 2010 (that's today), Judge Louis J. Stanton of the United States District Court, for the Southern District of New York issued a ruling in the infamous suit between Google/YouTube and Viacom.  Judge Stanton held, in a motion for Summary Judgement by the defendants (Google/YouTube), that the "Safe-Harbor" provisions of the Digital Millenium Copyright Act shield YouTube from liability due to users uploading potentially copyright infringing videos to its web based video sharing service.


Jeffrey Neu has been selected as the chair for the Internet and Computer Law Committee for the NJSBA year 2010 - 2011.

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