In today’s business world, web sites are no longer simply a static online presence. Today’s web sites are highly interactive and often make use of content (photos, text, images, videos, etc.) that have bee uploaded by visitors and registered users. With the speed of search engines, social networking platforms and mobile computing technologies, any online problem can quickly have far reaching effects well beyond the initial issue.
In order to ensure that web site operators may make as broad a use of this content as possible and that these web sites do not violate the rights of those whose content has been uploaded, many web site have Terms of Use that contain intellectual property licenses, assignments and indemnifications.
A recent federal District Court in Maryland examined whether the mere act of uploading photographs to a website met the requirements of forming a valid electronic contract sufficient to assign copyrights in the photographs under Section 204(a) of the Copyright Act, which requires assignments to be in writing and signed by the assignor.
In Metro. Reg’l Info. Sys., Inc. v. Am. Home Realty Network, Inc., No. 12-cv-00954 (D. Md. Nov. 13, 2012) the defendant argued plaintiff could not state a claim for infringement on the photographs because the assignments of these photographs to plaintiff were void. Defendant argued that the web site Terms of Use Agreement (“TOU”) and the electronic process in which subscribers assigned copyrights in the photographs to plaintiff did not comply with Section 204(a) of the Copyright Act. The Court disagreed.
The Court first looked at Section 204(a). That section provides that “[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.” 17 U.S.C. § 204(a). The Court then turned to the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 U.S.C. §§ 7001 et seq., to reject defendant’s argument that the assignments were invalid. E-SIGN provides, in relevant part:
“[n]otwithstanding any statute, regulation, or other rule of law . . . with respect to any transaction in or affecting interstate or foreign commerce–
(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and
(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.
15 U.S.C. § 7001(a).
“The term ‘electronic signature’ means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” Id. § 7006(5). The Court concluded that the TOU was clear in its terms and that the electronic process by which subscribers assigned the copyrights in the photographs met E-SIGN and Section 204(a) requirements. Accordingly, the Court held that the assignments were not invalid as a matter of law.
US-Canada Integrated Cybersecurity Agenda Bay Area Indymedia
Under the guise of cybersecurity, the U.S. and Canada have been individually pushing draconian legislation domestically which would grant government agencies sweeping new powers. The implications would be far reaching and pose a risk to privacy.
The Alarming Trend of Cybersecurity Breaches and Failures in the US … Heritage.org
This summer, the Cybersecurity Act of 2012 (CSA) failed to pass the Senate, with Democrats and Republicans alike voting against the bill. The overriding concern was that the regulatory approach of the bill would be ineffective at best and harmful at worst.
The Elections and Cybersecurity Network World
When President Obama was reelected last week, political pundits quickly turned to speculation and prognostication. Was the president’s reelection tantamount to a mandate? Would the election motivate both parties away from partisanship ?
NSA: Looking for a few good cybersecurity professionals Network World
Network World – At a time when cyberattacks on America’s critical infrastructure have increased 17-fold (between 2009 and 2011), the need for highly trained cybersecurity professionals is acute. However, 83% of federal hiring managers in a recent …
Senate readies for fight over cybersecurity surveillance CNET (blog)
has inserted the cybersecurity bill into the Senate’s post-election calendar, and a vote could happen as early as this week after debate on a proposal to open more public land for hunting and fishing. That move has reignited a long-simmering dispute …
Governor launches cyber security training program WNEM Saginaw
The program offers students and Internet technology professionals a full curriculum of meetings and workshops as well as critical cybersecurity training and awareness tools. The new cyber range serves as a central resource hub and a partner in …
Seven 2013 Cybersecurity Predictions from Websense Security Labs Sacramento Bee
SAN DIEGO, Nov. 13, 2012 — /PRNewswire/ — From mass compromises of WordPress to a spear-phishing attack on the White House, there is no doubt cybercriminals gained confidence and momentum in 2012. To help organizations prepare for next year, the …
Researcher to tackle cyber security for North American power grid SecurityInfoWatch
In response, Waterfall Security Solutions has announced a $234,000 donation to Michigan Technological University, in support of Dr. Chee-Wooi Ten’s research into the cyber-security of the North American power grid. Dr. Ten’s research addresses these …
On September 25, 2012, the Federal Trade Commission announced a settlement with seven rent-to-own companies that secretly installed software on rented computers, clandestinely collected information, took pictures of consumers in their homes (WTF?!) and tracked these consumers’ locations.
If you haven’t vomited on your computer from the sickening outrage, you can read the FTC press release here.
Software design firm DesignerWare, LLC licensed software to rent-to-own stores ostensibly to help them track and recover rented computers. The software collected the data that enabled rent-to-own stores, including franchisees of Aaron’s, ColorTyme, and Premier Rental Purchase, to track the location of rented computers without consumers’ knowledge
According to the FTC, the software enabled remote computer disabling if it was stolen, or if the renter failed to make payments. It included an add-on purportedly to help stores locate rented computers and collect late payments. Alarmingly, the software also collected data that allowed the rent-to-own operators to secretly track the location of rented computers, and thus the computers’ users.
When activated, the nefarious feature logged key strokes, captured screen shots and took photographs using a computer’s webcam, according to the FTC. It also presented a fake software program registration screen that tricked consumers into providing their personal contact information.
“An agreement to rent a computer doesn’t give a company license to access consumers’ private emails, bank account information, and medical records, or, even worse, webcam photos of people in the privacy of their own homes,” said Jon Leibowitz, Chairman of the FTC. “The FTC orders today will put an end to their cyber spying.”
“There is no justification for spying on customers. These tactics are offensive invasions of personal privacy,” said Illinois Attorney General Lisa Madigan.
I’m surprised at how often I receive commercial bulk email messages that are not compliant with the Federal CAN SPAM act.The two biggest mistakes I see are 1) no physical address and 2) no opt-out/unsubscribe mechanism.
Image via CrunchBase
Another common mistake is a “blind” bulk email address list like “Undisclosed-Recipients@email.com.” Not only do I NOT know which address this received the offensive message, there usually isn’t even a proper return address for me to send an “Unsubscribe” message.
With the popularity of social media, you’ve probably received a Twitter promotion for iPhones, special deals, free downloads, etc. While it’s easy to dismiss poorly-written tweets from obvious spammers, when someone replies to you on Twitter, says “must read, check it out” and the topic is clearly the kind of thing you read and share it’s more difficult to tell. Often, these are from legitimate accounts where a human has taken the time to compose and send the message.
In light of the growing use of electronic mail (“email”) messages for advertising, marketing, corporate communications and customer service, is essential to have some familiarity with the Federal “Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003” also known as the CAN SPAM Act (the “Act”) The Act provides the parameters of its application, explicit prohibitions, requirements for transmission of legally compliant email messages including the “Opt-Out” mechanism and vicarious liability. Generally speaking, the Act was written to prohibit the fraudulent, deceptive, predatoryand abusive practices that threaten to undermine the success and effectiveness of commercial email and email marketing.
Congress drafted the Act to impose limitations and penalties on the transmission of unsolicited commercial email messages. Unlike some state initiatives, the Act is an “opt-out” law. Put another way, for most purposes permission of the e-mail recipient is not required. However, once an email recipient has indicated a desire to opt-out or no longer receive such messages, failure to comply with the recipient’s request may subject both the sender and the person or entity on whose behalf the message was sent to severe penalties.
Frequently asked question about the Act include:
1) To Whom Does The Act Apply? The Act applies to any person or entity that sends email.
2) What Activities Are Prohibited By The Act? The Act is primarily concerned with explicitly prohibiting certain predatory and abusive commercial email practices.
3) What Are The Requirements For Sending Email Messages? Section 5(a) of the Act sets requires the inclusion non-misleading information regarding: (a) transmission, (b) subject, (c) email address, (d) Opt-out and physical address, and (e) clear and conspicuous language identifying sexually-oriented messages.
4) Who Can Be Liable for Violations? The Act applies to both the party actually sending the commercial email messages and those who procure their services.
Discussion
The primary substantive provisions of the Act can be divided into three parts found in Section 4, Section 5 and Section 6. Section 4 of the Act addresses “predatory and abusive” practices prohibited by the Act. Section 5 details the requirements for transmission of messages that comply with the Act. Section 6 details the requirements for transmission and identification of sexually-oriented messages. Section 6 is not discussed in this article.
Section 4 of the Act lists specific “predatory and abusive” practices prohibited by the Act. In short, the Act specifically prohibits: (i) accessing a computer without authorization for the purpose of initiating transmission of multiple commercial email messages, (ii) transmission of multiple commercial email messages with the intent to deceive or mislead recipients, (iii) transmission of multiple commercial email messages with materially false header information, (iv) registration of email accounts or domain names using information that materially falsifies the identity of the actual registrant, and (v) false representations regarding the registration of Internet Protocol addresses used to initiate multiple commercial email messages.
The second relevant part, set forth in Section 5 of the Act, details the requirements for transmission of messages that comply with the Act. Subject to certain limitations discussed below, the Act requires that email messages contain: (i) transmission information that is not materially false or misleading, (ii) subject information that is not materially false or misleading, (iii) a return address or comparable mechanism for opt-out purposes, (iv) identifier, Opt-out and physical address, and (v) clear and conspicuous language identifying sexually-oriented messages as such. (Note, this last requirement is not discussed. See above.) Lastly, the Act implicates both commercial email transmission service providers as well as those who procure their services.
To Whom Does The Act Apply?
The Act applies to any person or entity that sends email. The Act specifically regulates “commercial electronic mail messages,” defined as any email message “the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).” However, the Act specifically excludes from this definition “transactional or relationship messages.” A “transactional or relationship message” falls within one of five categories of messages:
communications that facilitate, complete or confirm a commercial transaction previously agreed to by the recipient;
communications that provide warranty or other product information with respect to a product or service previously used or purchased by the recipient;
notifications with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship;
information directly related to an employment relationship or related benefit plan in which the recipient is currently involved; and
communications to deliver goods or services, including product updates or upgrades, under the terms of a transaction previously agreed to by the recipient.(Emphasis added.)
The purpose for the distinction between “commercial electronic mail messages” and “transactional or relationship messages” is to exempt certain types of communications from compliance with all the message transmission requirements of the Act. As should be clear from the list above, the Act distinguishes the types of communications based on the relationship between the sender and recipient rather than on the character of the message. Put another way, so long as the communication is related to some type of existing business relationship, it is not a “commercial electronic mail message.”
What Activities Are Prohibited By The Act?
Section 4 of the Act is primarily concerned with prohibiting certain predatory and abusive commercial email practices. Section 4(a) amends Chapter 47 of Title 18 of the United States Code by adding Section 1037 which specifies the offenses that constitute “fraud and related activity in connection with email.” An offense is committed by anyone who directly or indirectly, knowingly:
accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,
uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,
materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,
registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or
falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses.
Clearly, Section 4 is primarily concerned with preventing practices whereby the sender intentionally, either through outright fraud or other deception, conceals its true identity or the true commercial character of the message.
What Are The Requirements For Sending Email Messages?
Section 5(a) of the Act sets forth certain other protections for the users of commercial email.
Accurate Transmission Information. Among the affirmative requirements of Section 5(a), Section 5(a)(1) prohibits sending either a commercial electronic mail message, or a transactional or relationship message, that contains, or is accompanied by, header information that is materially false or materially misleading. Unlike the general prohibition against sending messages with materially false header information under Section 4, in addition to having technically accurate transmission information, the sender is prohibited from having used false pretense or other deceptive means to acquire such information (e.g. email accounts, domain names and IP addresses). Furthermore, the “from” line must “accurately identify the person transmitting the message.” Lastly, the sender must accurately identify the computers used to originate, relay or retransmit the message.
Note, the following only apply to commercial electronic mail messages:
Accurate Subject Information. Messages must have accurate subject information. Subject information would not be accurate if a “person has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.”[8]
Inclusion of Opt-out Mechanism. Messages MUST contain a functioning return email address or other Internet-based mechanism (e.g. hyperlink), that is clearly and conspicuously displayed that enables a recipient to submit a request to opt-out of future email messages from the sender whose email address was contained in the message. The opt-out mechanism (whether email address or hyperlink, etc.) must remain functional for at least thirty (30) days after the transmission of the original message.
Removal After Objection. If a recipient makes a request using the opt-out mechanism, the sender shall not transmit any further messages to the recipient, more than ten (10) business days after the receipt of such request, if such message would fall within the scope of the request. A third-party acting on behalf of the sender shall not transmit or assist others to transmit, any further messages to the recipient, more than ten (10) business days after the receipt of such request, if such third party knows or should know of the recipient’s objection. Lastly, the sender and any third party who knows that the recipient has made such a request, shall not sell, lease, exchange, or otherwise transfer or release the electronic mail address of the recipient for any purpose other than compliance with the Act or other provision of law.
Inclusion of Identifier, Opt-out & Physical Address. Every message must clearly and conspicuously: (i) identify the message as an advertisement or solicitation; (ii) provide notice of the opportunity to opt-out of future communications; and (iii) provide a valid physical postal address of the sender. However, the notice that a message is an advertisement or solicitation does not apply where the recipient has given prior affirmative consent to receive the message.
Related Activities Proscribed.
Other prohibitions in the Act concern unethical or unscrupulous practices that tend to coincide with deceptive or abusive email. Several common methods for generating email distribution lists have also been proscribed. The Act prohibits certain unethical practices such as:
hijacking another email server to send or relay messages;
“harvesting” email addresses that appear on others’ Web sites;
randomly generating email addresses;
knowingly linking an email ad to a fraudulently registered domain; and
participating in other offenses such as fraud, identity theft, etc.
Who Can Be Liable for Violations?
The Act applies to both the party actually sending the commercial email messages and those who procure their services.[9] One cannot “outsource” its “spam” and thereby avoid liability under the Act. One may be held accountable if the email service employed isn’t actually using a legally-compiled or permission-based list. Under some parts of the Act one may be held liable for employing a third party to distribute the messages “with actual knowledge, or by consciously avoiding knowing, whether such [third party] is engaging or will engage, in a pattern or practice that violates this Act.”
CONCLUSION
The Act was written to prohibit the fraudulent, deceptive, predatory and abusive practices that threaten to undermine the success and effectiveness of commercial email and email marketing. Since Bacon’s uses email to communicate with employees, vendors, existing and prospective customers, Bacon’s is clearly subject to the Act. The Act focuses on enumerating proscribed activities rather than affirmative obligations to make it easier for legitimate, honest businesses to comply with the Act. The Act distinguishes communications based on a previously existing relationship between the sender and the recipient from those communications that are prospective in nature. Generally, email messages not based on a pre-existing relationship are subject to greater affirmative requirements.
Compliance Guidelines.
Be Aware of the Requirements for Transmitting Messages.
Computerworld – Germany’s cybersecurity agency on Monday urged users to drop Internet Explorer (IE) and switch to a rival, like Chrome or Firefox, until Microsoft patches a new critical bug in its browser.
Senators call for ‘cybersecurity’ executive order. This summer’s partisan sparring that derailed a federal cybersecurity law has resumed, with Democrats proposing an executive order and Republicans saying it would levy “more mandates.”
“The nation is in dire need of people who are capable of handling the cybersecurity challenges we face,” professor of computing and information sciences Xinming “Simon” Ou said. “We are lagging behind in the number of experts we have versus the threats.
Amid escalating partisan rhetoric over the bipartisan goal of protecting U.S. computer systems from terrorist attacks, Texas Kay Bailey Hutchison criticized President Obama for a “heavy handed, regulatory regime” that would be created.
18, 2012 /PRNewswire-USNewswire/ — The National Cyber Security Alliance (NCSA), a non-profit public-private partnership focused on helping all digital citizens stay safer and more secure online and official coordinator of Data Privacy Day (DPD), today …
Over the past few years, the Obama administration and Congress have taken a variety of legislative runs at creating comprehensive cybersecurity law. See Also: How cybersecurity is like Star Trek’s transporter.
Cyber security is the biggest challenge for the government’s universal credit roll-out, welfare reform minister David Freud has told a select committee. Speaking to a select committee, pensions minister Ian Duncan Smith said government had consulted …
Neil Weicher wants to win the battle in cyber security. NetLib, a Stamford, Conn.-based provider of encryption software founded by Weicher, has partnered with the Center for Internet Security, a non-profit focused on cyber security readiness.
The Government Communications Headquarters (GCHQ) said those aged 16 or over and not already working in cyber security could apply to test their ability to guard a computer network but only 150 contestants at most would be eventually allowed.
The FBI’s former top attorney for cybersecurity, Steven Chabinsky, who stepped down this month, thinks the FBI is doing a great job battling the problem, but told the Washington Post that the “federal government” has taken a “failed approach”.
Cybersecurity, the subject of this month’s Minnesota International Center’s “Great Decisions” dialogue, is a hot topic in the Beltway, Silicon Valley and on Wall Street. It’s also an important subject in Foggy Bottom and Turtle Bay.
Cybersecurity News Roundup: MyAgent Trojan; Virus Infects Saudi Oil Giant; and Pro-Censorship Hackers. This week’s IT security news roundup features stories on the newly discovered MyAgent Trojan; malware that forced a Saudi Oil Giant to shut down.
Congress is now in recess. But before its members left town, back on Friday, Aug. 3, they rejected a bipartisan bill that would have established optional “cybersecurity” standards for the computer systems that operate the country’s power grids, dams.
Will Obama use the Dream Act model of bypassing Congress to advance his cybersecurity agenda? Obama’s counterterrorism adviser John Brennan hints that such an order could come [see Cat Out of Bag on Infosec Regulation?].
When the Waldo Canyon fire roared closer to Colorado Springs on June 26, Jeff Beauprez, president and CEO of Colorado Networks, started getting frantic phone calls from businesses along the Garden of the Gods Road corridor.
Today’s cars have grown vulnerable to the threat of computer viruses or hackers — security researchers have even shown how to remotely unlock a vehicle or start a car’s engine using simple text messages. But a group of U.S. students who attended the …
Senate Republicans recently blocked cybersecurity legislation, but the issue might be revived by the White House, a federal law enforcement official told the Law Enforcement Examiner on Monday.
Stephanie Daman, CEO at the Cyber Security Challenge UK, said the cyber camp concept is something completely new for this year’s Challenge: “It represents a great opportunity for our expert sponsors to work closely with a group of young talent.”
Harford Community College will receive $74000 to put toward its work with the Regional Cybersecurity Education Initiative. HCC, University of Delaware and Delaware Technical and Community College formed the education initiative with industry partners …
The lobby shop is advocating for the Schaumburg, Ill.-based telecommunications company on “[i]ssues related to public safety/D block spectrum; issues related to cybersecurity; issues related to tax reform legislation,”
The official Microsoft Security Blog provides in-depth discussion of security, cybersecurity and technology trends affecting trust in computing, as well as timely security news, trends, and practical security guidance.
The Cybersecurity Blame Game Continues
The stalling, bickering, almost-breakthrough, and eventual demise of cybersecurity legislation in the United States Senate was a sad thing to watch.
PRNewswire via COMTEX/ — MutualMind, an award-winning social media technology developer based in Dallas, Texas, announced an agreement today with LexisNexis, a leading provider of legal content and technology solutions.
While consumer brands have embraced Facebook as a key tool in building deeper customer engagement, the biggest social network largely remains terra incognita in the legal world. The sector has certainly harnessed professional networking sites.
Legal action could be taken against people in Bahrain, who incite violence and spread sectarianism on social media, said a top official. The initiative comes as a new code of honour for social media users is set to be launched by the Bahrain Bloc.
An overwhelming majority of investigators using social media for investigative purposes are “self taught,” according to a new survey of 1200 Federal, state, and local law enforcement professionals.
That’s but one of the many conclusions found in a comprehensive new survey — conducted in a partnership between PoliceOne and LexisNexis Risk Solutions — focused on the impact of social media on law enforcement in criminal investigations. Among the …
The State of Maryland already has passed a law forbidding employers from asking job candidates for their passwords to Facebook and other social media sites, and California is considering a similar law. 01fgSCREEN2.jpg View full size · The Society for …
With an understanding of some of the relevant issues, employers can implement meaningful and reasonable policies and guidelines for employees and respond appropriately and legally to social media issues that arise. Below are a few of the discrete issues …
The trick for us is trying to provide legally correct information, in such a way that is easy to understand, to the American public so that investors truly understand their options with retirement savings.” “Internet, the online experience and social media are the 21st Century.”
Below are methodologies and metrics for determining the ROI of these specific social media use cases. The metrics roll up to three major categories of benefits: revenue impact, operational efficiencies, and legal and compliance risk avoidance.
David M. Adler, Esq. is an attorney, author, educator, entrepreneur and partner with Leavens, Strand, Glover & Adler, LLC, a boutique law firm in Chicago, Illinois created with a specific mission: provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value.
We meet this challenge by providing legal counsel on issues related to creation, protection and commercialization of intangible assets, our comprehensive understating of the relevant law, our team of seasoned professionals and our client service philosophy.
July 21, 2012, 12:04 p.m.. People are calling upon the caped crusader in the wake of the Colorado theater shooting with the 21st century bat signal: social media.
And with the government mulling a media law to tighten its grip over the fledgling but lively Afghan press corps, Nai hoped social media could help safeguard political and social freedoms, as occurred during the wave of uprisings across the Middle East.
It’s a bracing lesson, on a local stage, in the power of social media to create community around an issue and ratchet up pressure on key players – in this case, the members of the Abington board and its president and CEO, Laurence Merlis. “It’s amazing to me just how fast word spread,” …. A community-conscious and activist community, with a high concentration of concerned, committed people who work in industries such as law, medicine, public relations, and journalism.
Once new information began streaming in about the shooting, over 100 viewers began responding to the Action 4 News Facebook page and Twitter feed. As the day progressed, over 500 comments came into valleycentral.com andAction 4 social media
Media Wise Parents to the rescue
Windsor This Week
Media Wise Parents helps parents, educators and churches become more aware with social media and the internet. Tweet · Bookmark and … It’s certainly in my background with law and marketing, it’s always something that interests me.
Law enforcement is taking to social media because criminals are changing their behavior and using social media to facilitate crime. In response, law enforcement officials are using it to track down criminals and as a predictive policing tool, said Haywood.
WASHINGTON–(BUSINESS WIRE)–LexisNexis® Risk Solutions today announced the results of a comprehensive survey focused on the impact of social media on law enforcement in criminal investigations.
The survey, of more than 1200 law enforcement professionals with federal, state, and local agencies, found that 83% of the respondents are using social media, particularly Facebook and YouTube, to further their investigations.
It’s not just prospective customers, partners or employers who may be scanning the social media landscape to glean information about you and your organization. The long arm of the law has joined the party as well, a new survey shows.
How Law Enforcement Is Using Social Media (Infographic)
Law enforcement officials are using social media to solve crimes and will continue to do so in greater numbers. In an online survey conducted by LexisNexis Risk Solutions, four out of five law enforcement officials used social media.
Into the data jungle – in association with Huron Legal
The Lawyer
Technological developments such as cloud computing, social networking and mobile apps mean EU law is no longer fit for purpose. The EU claims current laws often conflict and cost businesses a total of nearly £2bn a year.
Saudi Arabia considers law against insulting Islam
Bangladesh News 24 hours
JEDDAH, Saudi Arabia, July 16 (bdnews24.com/Reuters) – Saudi Arabia is studying new regulations to criminalise insulting Islam, including in social media, and the law could carry heavy penalties, a Saudi paper said on Sunday.
Mind the missteps in online job dance
Lawyers Weekly
With some background check firms specializing in social media searches (U.S.-based Social Intelligence Corp. for one), how do third-party recruiters use social media when screening or finding clients for law firms in Canada?
Saudi Arabia looking to criminalize Islam insults on social media
Bikya Masr
DUBAI: The Saudi Arabia government is looking to ensure users on social media networking sites do not insult Islam or the Prophet Mohamed, al-Watan newspaper reported on Sunday, citing officials who said a new law could bring “heavy” penalties.
10 Tactics for Integrating Photographs into Content Marketing
Business 2 Community
Acquire digital rights for images. Remember when using images, especially photographs, your legal team is your best friend. Ensure that you’ve got the right to use the photos by incorporating outtakes and additional shots for social media.
Syracuse Neighborhood Watch plans to increase social media outreach
CNYcentral.com
New program coordinator plans more email, social media contact. … CNY Biz Central – Legal. Helpful advice about finding the right attorney for your legal needs. CNY Biz Central. Get information from our team.
Reasonable Expectations of Privacy in the Digital Age
Mondaq News Alerts (registration)
In this digital age of smart phones, global positioning systems, cloud computing, and social networking, determining what constitutes private information and what lengths our legal system will go to protect it is increasingly challenging.
Sale Of Digg Reminder Of Potential Risks To Facebook And Other Social Media …
Seeking Alpha
In 2011, social media watchers may recall reading in Bloomberg that Myspace, which had been purchased by News Corporation (NWS) for $580 million in 2005 had reportedly been sold for just $35 million to private investors, including Justin Timberlake. In …
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
In Basile Baumann Prost Cole & Assocs., Inc. v. BBP & Assocs. LLC, the court examined the elasticity of the goodwill concept, which can extend to include brand, firm, and even that associated with individual members.
“Goodwill is “the total of all the imponderable qualities that attract customers to [a] business.” “There may be business or professional goodwill, or both combined in one enterprise.” Professional, or personal goodwill, “is good will that is based on the personal attributes of the individual such as personal skill, training, or reputation.” In Maryland, the concept of personal goodwill most often arises in cases involving the distribution of property in divorce, or covenants not to compete.”
“If … consumer satisfaction and preference is labeled ‘good will,’ then a trademark is the symbol by which the world can identify that good will.” “A sale of a business and of its good will carries with it the sale of the trademark used in connection with the business, although not expressly mentioned in the instrument of sale.”
Since goodwill is elastic – and divisible – attorneys in mergers, acquisitions and divestitures would do well to consult with a trademark lawyer to identify issues related to trademark (goodwill) ownership and transfer.
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