The nation’s consumer protection agency is actively enforcing their new Biz Opp rules. On October 31, 2012, the Federal Trade Commission, in conjunction with other federal task forces, the U.S. Postal Inspection Service and Attorneys General in Arizona, Colorado, California and Indiana filed 108 new legal actions against Biz Opp companies that authorities allege are unfairly scamming would-be entrepreneurs. Operation Lost Opportunity: The FTC’s Latest Crackdown On Biz Opps With a 3-0-2 vote, the FTC put operation lost opportunity into action. Seventy civilian actions and 38 criminal actions were filed in the District Court for the Southern District of Florida against a slew of companies offering “be your own boss” prospects. Specifically, a group of companies that offer mystery shopping, credit card processing, website operation, and government insurance refund processing opportunities are being charged with violating various consumer protection rules. ...
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Cyberbullying is most often associated with children. But many adults also suffer online harassment. Lesli Catsouras, 46, is one such adult, and she’s sharing her harrowing story in a new memoir entitled, “Forever Exposed.” A deeply personal tale, Catsouras’ book is about the cyberbullying she and her family experienced after her 18 year old daughter was killed in a car crash. It all started on Halloween afternoon of 2006. After having lunch with her parents, Nikki grabbed the keys to her father’s porche, the one she was not supposed to drive, and escaped out the garage. Panicked, Nikki’s mother immediately called her father, who tried to warn the police, but it was too late. Nikki lost her life after crashing into an unmanned toll booth. As you can imagine, it was an incredibly difficult time for the Catsouras family. All ...
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An aggressive new Internet law was introduced in North Carolina, making it a criminal offense for a student to release statements online with the intention of intimidating or tormenting school faculty. In Minnesota, a U.S. District Court maintained that compelling students to hand over access to their social media accounts is a violation of their rights under the First and Fourth Amendments. The case involves a 12-yer-old girl who posted one comment about a school employee on Facebook at home, and followed it up with another. School officials promptly questioned the student, which resulted in disciplinary actions. She also had to provide access to her email accounts, which they searched. Based on Tinker v. Des Moines and other precedents, the court maintained that school authorities could not punish statements made away from school, which are guaranteed by the First Amendment, ...
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Update Feb 2013: Welp, it’s a go! The six strike illegal downloading system went into effect at the end of February 2013. Update Nov 2012: Due to issues associated with Hurricane Sandy, implementation of the “six strike” anti-piracy program, which is intended to thwart illegal downloading, is delayed until 2013. European countries love illegal downloading laws. Most use a three-strike system, meaning users get two piracy warnings before being slapped with sanctions. In Europe, if a person is caught in the act after two warnings, the punishment is usually suspension of Internet service for up to a year. Since the US justice system is based on the ‘innocent until proven guilty’ premise, laws like the EU’s three-strike method are considered unconstitutional by many. The argument being that people are stripped of rights without first being found guilty of an actual ...
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Internet law news alert! The House and Senate are finally getting around to updating the woefully outdated Electronic Communications Privacy Act. If Sen. Patrick Leahy’s new bill passes, it will be that much more difficult for law enforcement entities to get their hands on personal email correspondences. Give Me The Quick Low Down On The Electronic Communications Privacy Act Enacted in 1986, the Electronic Communications Privacy Act was passed into law to, well, do exactly what its name suggests – protect the privacy of electronic communications. But if you can think back to 1986, you’ll remember that email wasn’t exactly commonplace. In fact, back then, most politicians considered e-mail to be transitory and therefore not all that private. As such, the act classifies electronic communications as “business records” and the ECPA only requires officials to obtain an easily acquirable administrative ...
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Posted in Government Regulations, Internet Law
Tagged Internet Law, Online Privacy Laws
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A controversial court decision could have serious implications for Wi-Fi wiretapping. Ars Technica reports that a district court judge in eastern Illinois has determined that the interception of unencrypted Wi-Fi traffic does not qualify as wiretapping. The decision contradicts a previous court ruling that penalized Google for collecting Wi-Fi data. The judge’s decision basically declares unencrypted Wi-Fi data to be public information. He found that the Federal Wiretap Act does not prohibit the interception of this data. The act allows people to freely eavesdrop on devices that were designed to be intercepted, such as band radios. Based upon the low cost and ease of interception, the judge determined that unencrypted Wi-Fi fit into this category. This court decision will prevent Wi-Fi eavesdroppers from being prosecuted under federal law. It will also eliminate the need for law enforcement personnel to obtain ...
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Posted in Government Regulations, Internet Law, Online Privacy Law
Tagged Internet Law, Online Privacy Laws
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Gambling is — and always has been — an oft-discussed legal issue in the United States. When the Internet came along, questions surrounding the online gambling arose. And now, with states starting to pass their own online gambling statutes, things may become even more complicated. For example, Arizona’s gambling laws are such that residents are often prohibited in taking part in nation-wide, online fantasy sports leagues, but Delaware just passed a law that essentially makes online gambling legal. In an effort to standardize legislation, we could see a federal online gambling law in the near future. Senators Harry Reid of Nevada and Senator John Kyl of Arizona have been drafting an online gambling bill, and according to various industry publications, the two have finally agreed on terms. Word on the street is that Kyl sees this bill as important to ...
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Posted in Government Regulations, Internet Law
Tagged Internet Law, Website Policies
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Cue the Kvetching of Game-Loving South Korean Kids! While we struggle to codify cyberbullying laws, South Korean officials have been considering a different type of Internet law that allows moms and dads to set online gaming limits for their kids. Why does the south Koran government feel the need to protect their youth from the evils of over-gaming? Well, if you believe the government minister in charge, it’s because Internet gaming is the equivalent to a gate-way drug; a scourge so damaging parents need legislative assistance to take control of the situation. South Korea’s Online Gaming Problem The South Korean government looks at online gaming like the RIAA looks at piracy – a threat that must be eradicated. And if you believe the agitprop, South Korean officials may be right. Minister of Gender Equality & Family, Younghee Choi, explained that ...
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Posted in Int'l Internet Law, Internet Law
Tagged Hacktivists, International Internet Law, internet gaming, Internet Law, RIAA
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Matthew Inman of “The Oatmeal” was embroiled in an epic legal battle with lawyer Charles Carreon and Carreon’s client, FunnyJunk.com. Thanks to a little “WTF!? Litigation,” Carreon v. Inman engaged netizens across the globe. For Internet law enthusiasts, the case was front-row-seat material. So much more than just an online copyright tussle, the FunnyJunk v. Oatmeal legal battle served as a cautionary tale about lawyering and marketing in the Internet age; it highlights the philosophical gap between old-fashioned lawyering and the fluid nature of today’s online marketplace; and perhaps most intriguingly, Carreon v. Inman is a lawsuit that makes tests whether or not the old marketing adage of “any publicity is good publicity” still holds true today. “I’m not one to combat piracy,” Matthew Inman explained in a statement to Comic Riffs, “if you want to post my comics on your ...
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Could Asperger’s and Autism become a legal defense for hacking in the Information Age? In an unauthorized biography, Julian Assange was credited with coining the term “Hacker’s Disease,” meaning symptoms and difficulties in life that are people with Autism and other behavioral differences must face predispose them to hacking. And today, even a cursory survey of hacking-related cases around the world reveals that the “autism defense” is emerging as an oft-used argument. Gary McKinnon’s Autism Defense Against Hacking Charges Gary McKinnon is an alleged Scottish hacker who the authorities say broke into US military and NASA computers. McKinnon cited Asperger’s Syndrome to avoid extradition, claiming he was overcome with an urge to “know the truth” about what was out there. And this urge, he claims, is what caused him to break laws and breach federal security systems. To those unfamiliar ...
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