Duane Morris TechLaw

May 8, 2013July 18, 2016 by Eric J. Sinrod

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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May 3, 2013September 16, 2014 by Duane Morris

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.

April 30, 2013July 18, 2016 by Eric J. Sinrod

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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April 23, 2013July 18, 2016 by Eric J. Sinrod

Cybersecurity Bill Passes The House, But What’s Next?

The House has approved the Cyber Intelligence Sharing and Protection Act (CISPA, H.R. 624). CISPA allows private companies and the federal government to exchange information relating to cybersecurity threats.

The bill was passed in the face of some concerns that it might provide private consumer information to the government. According to Reuters, President Obama has threatened to veto the bill on the basis that it supposedly does not mandate that companies take the greatest efforts to remove personal information before providing it to the government.

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April 2, 2013July 18, 2016 by Eric J. Sinrod

Apps Gone Wild: Is There Anything They Can’t Do?

Once upon a time, I was known as Inspector Gadget. Why? Because I wore on my belt three different devices — a mobile phone, an iPod, and a Palm Pilot. The phone was only good for calls, the iPod could only play music, and the non-wireless Palm Pilot was simply a calendaring assistant.

I wondered then whether there could ever be convergence, such that at some point I only would need to carry around one device. Of course, that did happen, but the convergence occurred beyond my wildest dreams.

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March 19, 2013July 18, 2016 by Eric J. Sinrod

FTC Issues New Advertising Guidelines For The Mobile Age

It has been ages in Internet time since the FTC provided advertising guidance in its “Dot Com Disclosures” release in 2000. Thirteen years later, cyber eons really, the FTC now has come up with new guidance in its “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.”

This new guidance recognizes the exponentially increasing use of mobile devices and the consequences of their limited screen size, as well as the growing prevalence of social media advertising.

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March 12, 2013July 18, 2016 by Eric J. Sinrod

Google Transparency Reveals FBI’s Use Of National Security Letters

Google has posted a “Transparency Report” that provides a range of how many National Security Letters (NSLs) it has received and a range of how many users/accounts were specified in these NSLs each year since 2009. Of course, your first question may be: What is an NSL?

An NSL is a special search vehicle by which the FBI has the authority to demand the disclosure of customer records maintained by banks, Internet Service Providers, telephone companies and other entities. When this happens, these entities are prohibited from revealing to others their receipt of an NSL. There have been reports that the issuance of NSLs has expanded significantly since the Patriot Act increased the FBI’s power to issue them.

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March 11, 2013September 16, 2014 by Duane Morris

Your Life in Photos: Privacy and a New Kind of Camera

What if you could capture your entire life in photos? The New York Times reported that a Swedish company Memoto has developed a wearable camera that accomplishes just that. http://bits.blogs.nytimes.com/2013/03/08/meet-memoto-the-lifelogging-camera/. This application goes way beyond Instagram.

Memoto’s website says: “The Memoto camera is a tiny camera and GPS that you clip on and wear. It’s an entirely new kind of digital camera with no controls. Instead, it automatically takes photos as you go. The Memoto app then seamlessly and effortlessly organizes them for you.”

Read more about the pros and cons of this new device at the New Media and Entertainment Law Blog.

March 5, 2013July 18, 2016 by Eric J. Sinrod

Is Cyberwarfare Already Happening?

Are international governments already engaging in cyberwarfare by hacking into each other’s computer systems? According to recent Reuters articles, at a minimum, a war of words is brewing suggesting that this already is the case.

First, it is reported that via a flaw in Adobe software, hackers were able to target government computer systems in Europe. Apparently, the systems were not actually compromised, but the specifics of the attack are being shared with NATO member states in an effort to remain ready for potential further attacks.

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February 26, 2013September 12, 2014 by Duane Morris

A Copyright Alert about a Copyright Alert: Internet Service Providers Undertake a New Program

It’s good to be an Internet Service Provider. While content owners worry about piracy and erosion of copyright, and thus revenue, ISP’s (the companies that provide us with Internet access) do not have substantial copyright worries. They are considered, in effect, common carriers and as a result are generally no more liable for copyright infringement by its customers than the telephone company would be liable if you slander someone during a phone call. The concern is the copyright misbehavior of ISP customers, namely people like us.

Click here to read Mark Fischer’s blog entry on ISP’s and copyright issues.