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MLAT Subpoenas: What EU Service Providers Need to Know
/0 Comments/in Privacy /by John DiGiacomoImagine a U.S. prosecutor is investigating a criminal matter and needs to obtain data or information stored in a suspect’s smartphone application. The problem is, the app was developed by a small tech startup in Denmark. In order to obtain access to the relevant information, the prosecutor would need to issue a MLAT subpoena to the app developer. Under normal circumstances, this would be a challenge, because of the General Data Protection Regulation (GDPR), a regulation of the European Union (EU).
Under the GDPR, European companies cannot provide user information or private data in response to a U.S. subpoena, except in a manner that is consistent with the Mutual Legal Assistance Treaty (MLAT). America has entered into MLAT agreements with 65 other countries and reached a specific agreement with the EU with regard to how data disclosure would be handled in these situations. Foreign companies who receive a U.S. subpoena should carefully consult an experienced Internet attorney from Revision Legal to help navigate the appropriate response.
Read moreSued for Copyright Infringement? Three Questions to Ask Immediately
/0 Comments/in copyrights /by Anderson DuffSued for Copyright Infringement? Three Questions to Ask Immediately
If you do not regularly get angry letters from attorneys, reading one that accuses you of copyright infringement must be a perplexing and anxiety inducing experience.
Can a plaintiff really recover its attorneys’ fees and $150,000 per work that is infringed? Is downloading copyrighted material from the internet for personal use copyright infringement? Are these guys actually going to sue me?
The answers to these three questions are: sometimes, almost always, and, unfortunately, probably yes.
Read moreWebsite Accessibility: Is Your Website ADA Compliant?
/0 Comments/in internet /by Eric MisterovichWhen is comes to website accessibility, there is a difference between a website that is accessible and one that is ADA-compliant, and that difference can have a huge impact on a business.
The Americans with Disabilities Act (ADA) is a law that mainly regulates accessibility for business, government entities, and more. Although the ADA does not discuss websites specifically in the language of the act, United States courts have construed Title III of the ADA to be relevant to website design.
For this reason, a website must meet certain criteria in order to be considered ADA-compliant. Read more
CLOUD Act Compliance & Relationship to GDPR
/0 Comments/in Internet Law /by John DiGiacomoFor domestic criminal investigations, law enforcement often wants to gain access to data that is stored beyond its borders. The problem is that data access across borders is sometimes not in harmony with international human rights agreements and the data protection rules of specific nations.
To allow criminal law enforcement operations to access communication data that lies beyond US borders, the Clarifying Lawful Overseas Use of Data (CLOUD) Act was signed by President Donald Trump in March 2018. The core reason that this Act was advanced is because of a US Supreme Court case, United States v. Microsoft.
Read moreService Providers, Subpoenas, and the GDPR
/0 Comments/in Internet Law /by John DiGiacomoHi everyone. My name is John Di Giacomo and I am an attorney and a partner with Revision Legal, which is an internet and intellectual property law firm. And in that role I represent a lot of service providers. These service providers range from software as a service providers, app makers, social network owners, and through that representation I see a lot of law enforcement requests. And I wanted to make this video to discuss how we look at these types of requests from law enforcement agencies and to explain the bodies of law that applied to these requests.
Read more
Trademark Registration for E-Commerce Merchants
/0 Comments/in Internet Law /by John DiGiacomoJohn Di Giacomo: Hey everyone, my name is John Di Giacomo. I am a partner with Revision Legal and Revision Legal is a law firm that has expertise in eCommerce and internet law. I wanted to talk a little bit today about why trademark registration is important and what are the benefits of trademark registration for eCommerce store owners.
We get this question quite a bit so let’s kind of start at the beginning and talk about, what is a trademark? A trademark is any kind of design, word, color, even a smell that indicates the origin or source of your goods or services. Read more
Amazon Seller Arbitration
/in Internet Law /by John DiGiacomoHey everyone, my name is John Di Giacomo, and I am a partner at Revision Legal. At Revision Legal we handle Amazon related cases including disputes with Amazon through arbitration proceedings.
We’ve been getting a lot of contacts lately that have asked us what can I do when my Amazon account is suspended. There’s a lot of misinformation out there so I wanted to make this video to give others an idea of what is and is not possible and to help you better understand the position that Amazon takes with respect to the reinstatement of Amazon seller accounts. Read more
What SaaS & E-commerce Companies Need to Know About Payment Facilitator Regulations
/in SaaS /by John DiGiacomoWhat SaaS & Ecommerce Companies Need to Know About Payment Facilitator Regulations
Key regulations control the operation of any payment facilitator (payfac). Since e-commerce and software-as-a-service (SaaS) firms often contract with payfacs, it is important that they understand how these organizations are allowed to legally operate – the nuts and bolts of payment processing compliance that apply. Read more
SIM Swap Scams Targeting Cryptocurrency Investors
/0 Comments/in Data Breach /by John DiGiacomoSIM swap scams are nothing new, and are back in the news with high profile SIM swap attacks on Twitter’s CEO.
Telecommunications providers such as Verizon, AT&T, T-Mobile, and Sprint have been aware for over ten years that unauthorized third parties regularly attempt to obtain access to customer subscriber accounts to gain control over a customer’s SIM card. Read more
What is Convention/Contracts for the International Sale of Goods (“CISG”)?
/0 Comments/in contracts /by Eric MisterovichMost businesses are familiar with basic US business contracts and with the Uniform Commercial Code (“UCC”). Unless your business involves a significant component of international transactions, you may not be familiar with the Convention/Contracts for the International Sale of Goods (“CISG”).
CISG law and CISG forms govern international sales of commercial goods, but not services, including all transactions between the US, Mexico, and Canada under the North American Free Trade Agreement (“NAFTA”).
Here is a quick rundown. Read more