Category: Internet Law

New Mexico recently became the 48th state in the US to adopt data breach notification laws. The new laws take effect June 16, 2017 and will apply in all situations in which a data breach occurs, i.e., an unauthorized attempt to access unencrypted or encrypted computerized data. In addition to providing governance on how personal […]

Little else is as stressful for a company than handling the aftermath of a data breach. Not only does the company have the obligation of making notifications to clients about the data breach, but it may also be confronted by data breach lawyers with at least one lawsuit, or even a class action. There are […]

One thing that all data security breaches have in common is that someone must first uncover the breach and then reveal the breach to the appropriate parties (i.e., employers, law enforcement, other appropriate state and federal agencies, etc.). In the case of a business that is attacked and breached, an undetected data breach can wind […]

Today at Namescon I had the pleasure of watching three of my esteemed colleagues, Nat Cohen of Telepathy, Inc., Jason Schaeffer of Esqwire.com, and Zak Muscovitch of DNAttorney.com, examine three of the most shocking UDRP decisions of 2016. These decisions involved overreaching trademark owners, extraterritorial trademark rights, and panelist conflict of interests. In listening to […]

GameStop is the most recent potential victim of cyber data breach, and the company recently hired a leading security firm to conduct an investigation into allegations that the company’s website was hacked and that customer data and credit card information was stolen. According to reports, a third party found data available for sale on a black […]

Disputes in advertising can be voluntarily resolved through a dispute resolution mechanism championed by the National Advertising Division (NAD). NAD is a division of the Council of Better Business Bureaus that handles voluntary dispute resolution for claims about false and misleading advertising. NAD proceedings are often used by either consumers who otherwise would band together […]

International commerce is a huge business, but one of the challenges involved in conducting international business is that different countries may have different laws concerning privacy and the handling of personal data. Many companies in the United States conduct business in Europe, and Europe is well known around the world for being avidly in support […]

The Stored Communications Act, which is codified at 18 USC 121, sections 2701-2712, is federal law that governs the conduct of electronic communication service providers and the voluntary and compelled disclosure of the contents of private electronic communications. The purpose of the Stored Communications Act is to protect privacy of electronic communications that are not […]

Revenge porn is the posting of explicit photos or videos of another person without his or her permission, commonly by exes or a significant other. These videos or photos may have been consensual at the time they were taken, but once they are posted without one party’s permission, liability can ensue. Is Revenge Porn a […]

Earlier this month, I published the following article on Practical Ecommerce about the European Union’s GDPR and how it could effect e-commerce stores. You should read this article. You should take it seriously. I’ll admit it — we lawyers are risk averse. We tend to prepare clients for the terrors in the night that may never come. […]