Feb 24 2010Is Online Privacy Dead? Stay Tuned for the Government’s Answer

Although the CEO of Facebook recently suggested that some aspects of privacy are a thing of the past, government regulation of online consumer privacy may be on the horizon. 

Formal government safeguards on data management practices may result from the US Federal Trade Commission’s public roundtables addressing evolving consumer privacy issues. The FTC roundtables, which have included discussions with industry stakeholders and privacy advocates, were designed to study ways of protecting consumer privacy in online environments. So far, two roundtables have addressed the protection of privacy in cloud computing, social networking, and online behavioral advertising, among other issues. Privacy advocate groups have asked the FTC to regulate the industry rather than continue relying on industry self-regulation of privacy.

Another roundtable has been scheduled for March 17, 2010.  See www.ftc.gov/bcp/workshops/privacyroundtables for further information.

Filed under: Internet Law/Cyberlaw, Privacy/Publicity, Regulation/Legislation, Security, Uncategorized No Comments

Feb 22 2010Google Books Settlement Still Not a Done Deal

Although Google has entered into a settlement that would transform Google Books into a digital library and bookstore, the fate of the Google Books project now rests in the hands of Judge Denny Chin. The settlement between Google and the author/publisher plaintiffs, which has yet to be approved by the court, would give Google the right to index, display and sell full-text access to millions of books.  On February 18, 2010, a hearing was held to consider the fairness of the proposed settlement.  At that hearing, the United States Department of Justice, as well as many scholars, public interest groups, and other intellectually interested parties, spoke in opposition of the settlement, citing violations of antitrust and copyright laws and violations to consumer privacy, among other things.  Time will tell whether the concerns raised regarding the project can be overcome.

Filed under: Contracts and Licensing, Copyright, Internet Law/Cyberlaw, Uncategorized No Comments

Feb 15 2010Avoid Deletion of your Blog or Website for False Claims of Copyright Infringement

Google has recently deleted several prominent music blogs accused of containing content that violated copyright laws by watchdog groups.  Using the procedure it established to protect itself from liability under the Digital Millennium Copyright Act, Google sent notice to the bloggers of the claims of copyright infringement it received regarding the blogs.  Although there are reports that some of the bloggers had permission to post the music, the sites were deleted when the bloggers did not contest the complaints.  Bloggers and website owners should check their emails for DMCA takedown notices often, and respond accordingly when they are falsely accused of including content without permission.

Filed under: Contracts and Licensing, Copyright, Internet Law/Cyberlaw No Comments

Jan 15 2010Are Your Website Terms and Conditions Enforceable?

Companies doing business online should review their site terms and conditions to confirm they will be enforceable.

A federal judge in the Eastern District of New York has held that a consumer was not bound by an arbitration provision found in a website’s terms and conditions. The judge reached this decision after noting that:

(1) the link to the terms and conditions (which was not visible unless the user scrolled down to the bottom of the screen) was not prominently displayed;

(2) the website did not prompt the consumer to review the terms and conditions; and

(3) viewing the terms and conditions was not required to effectuate the consumer’s purchase.

See Hines v Overstock.com, Inc., No. 09-cv-991, 2009 WL 2876667, 2009 U.S. Dist. LEXIS 81204 (ED NY filed September 8, 2009).

Filed under: Contracts and Licensing, E-commerce, Internet Law/Cyberlaw No Comments