White House Enlists Help To Get Hip To Cyber Legal Issues

Back in the day, President Bill Clinton touted the development of the “information superhighway,” and Vice President Al Gore not entirely accurately was reported to have stated that he had invented the Internet.

Since then, the Internet has exploded and grown exponentially. There have been many benefits, such as the potential to purchase a tremendous number of goods and services online, as well as the ability to communicate freely via social media portals such as Facebook and Twitter.

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New FTC “Red Flag Rule” Guidance to Help Fight Identity Theft

The Federal Trade Commission recently issued revised its “Red Flag Rules” guidance. The Red Flag Rules protect consumers by requiring businesses to watch for and respond to warning signs or red flags of identity theft. The guidance outlines which businesses are covered by the Rule. A copy of the guidance can be viewed at http://business.ftc.gov/documents/bus23-fighting-identity-theft-red-flags-rule-how-guide-business.

DDoS Attacks, ‘Zombie’ Sites On The Rise

Distributed denial-of-service (DDoS) attacks are not hypothetical possibilities. Indeed, they have been bringing down Web sites for quite some time.

Most recently, two men in Britain have been sent to prison for their DDoS attacks perpetrated on PayPal and other sites, according to InformationWeek.

The InformationWeek article notes that six people were arrested in connection with these DDoS attacks. Three of them ultimately were charged under the United Kingdom’s Computer Misuse Act of 1990. Of these three, the head of the group received a prison sentence of 18 months, another was sentenced to seven months in jail, and the third was sentenced to six months in jail which was suspended for two years while he was ordered to serve 100 hours of community service.

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New WTO Information Technology Agreement May Do Away With Duties

The imposition of duties on the global trade of technology products is significant from a monetary standpoint.

However, Reuters reports that a potential agreement among the United States, China, the European Union and almost two dozen other countries that could eliminate billions of dollars of such duties might be achieved as soon as within the next two months.

At issue is the negotiation of a possible expansion of the World Trade Organization’s Information Technology Agreement. The Agreement is a pact from the late 1990s that ended duties on a wide array of technology products. These products include laptops, computers, telephones, fax machines, software, semi-conductors and some office machines.

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Duane Morris Partner Eric Sinrod to Moderate Panel on “Data Portability”

Duane Morris partner Eric Sinrod will moderate a panel on “Data Portability” at the 10th Annual Standford E-Commerce Best Practices Conference on Friday, June 28, 2013, at Stanford Law School.

The Stanford E-Commerce Best Practices Conference is the premier educational event for in-house counsel and practitioners in the e-commerce industry. Leading insiders from industry, legal practice and academia will address current issues facing the industry and offer practical solutions for dealing with the many legal uncertainties that arise when doing business online. The program will feature a roundtable of general counsel from leading e-commerce companies and will provide perspectives on a wide-range of current topics.

Click here to learn more.

From Crackberry Addict To iPhone Junkie: A Lawyer’s Tale

Up until recently, and for years, I was a lawyer addicted to his BlackBerry. My BlackBerry always was on my hip, ready for immediate use. I became so proficient that I literally could type as fast with two thumbs on the device as I could with all of my fingers on my desktop keyboard at work. But other attorneys kept whispering in my ear, “Try the iPhone — once you do, you will never go back to the BlackBerry.”

So, over the New Year holiday, I tried my daughter’s iPhone. I must say, I was most intrigued by Siri and the voice-recognition feature, not to mention the much larger screen.

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Worker’s Firings Over Facebook Complaints Were Improper: NLRB

In the case Design Tech. Grp. LLC d/b/a Bettie Page Clothing, the National Labor Relations Board (NLRB) has ruled that employees of a clothing company were improperly terminated based on comments they made on Facebook complaining about their supervisor and expressing their workplace concerns.

According to the administrative law judge’s ruling, which was appealed to the NLRB, workers at Bettie Page Clothing engaged in the following exchange on Facebook:

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A New Legal Perspective on ACH Fraud

A Missouri court recently handed down a judgement in an ACH/wire fraud dispute between Choice Escrow and BancorpSouth, and in a change from rulings in similar cases, this judgment favored the bank. The judge’s findings may well impact how other cases are decided in the future.

Partner Joseph Burton comments in Bank Info Security on the case and what the decision may mean going forward. Click here to read the article and listen to the interview.

The Death of the Tax-Free Internet?

Last week, by virtue of a 63-30 procedural vote, the Senate moved forward with a bill called the Marketplace Fairness Act, with a final Senate vote set for May 6, according to The Wall Street Journal.

The bill, if it were to become law, would enable states to force online sellers nationally to collect sales tax with respect to their residents’ purchases.

In the past, online sellers were not in favor of the imposition of sales taxes on Internet transactions — indeed, these sellers had a competitive advantage over brick-and-mortar sellers, because purchases from online sellers were cheaper for buyers due to the lack of imposed taxes.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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