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Blogging without Logging FTC Lawsuits: A Panel Discussion

...ous display of disclosure and no current “industry standard” with which to compare, as companies engage in ad hoc solutions and the FTC guidelines remain vague. Chernaik concluded the discussion by stressing the importance of standardizing and centralizing disclosure statements, which would: 1) mitigate social media risk, 2) optimize marketing, 3) reduce social media overhead, 4) standardize practices across all platforms, and 5) develop and maint...
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Politics, Privacy, and Child Pornography: The Battle Over Data Retention and H.R. 1981

...n that state. The only information needed to determine the location of the computer used to post this video was the record revealing which Comcast subscriber had been assigned to that particular address when the video was posted, just four months earlier. Unfortunately, by the time investigators requested the subscriber data, Comcast had already discarded the relevant IP address assignment records for that time period. The Comcast controversy is a...
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With Great Internet Bandwidth Comes Great Responsibility…Maybe

...an receive protection from copyright infringement liability if they are in compliance with the technical and policy requirements as setout in the DMCA’s “Safe Harbor” provisions. Essentially, the Safe Harbor provisions place the responsibility of mitigating copyright infringing material onto service providers such as YouTube because they are in the best position to manage their networks. This “Safe Harbor,” however, is not guaranteed. One of the w...
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Combating Counterfeits

...s Zelnick Lehrman & Zissu, P.C.’s litigation practice group. This can be accomplished in a number of ways including searching online marketplaces such as Ebay.com, using brand agents who go out into the field to collect evidence and make undercover purchases, coordinating with U.S. Customs and Border Protection, and reviewing consumer complaints. (Click here to read the rest.) The views expressed here are exclusively of the author and do not repre...
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With Great Internet Bandwidth Comes Great Responsibility…Maybe.

...and recent related cases. Online Service Providers (OSP), such as YouTube.com, can receive protection from copyright infringement liability if they are in compliance with the technical and policy requirements as setout in the DMCA’s “Safe Harbor” provisions. Essentially, the Safe Harbor provisions place the responsibility of mitigating copyright infringing material onto service providers such as YouTube because they are in the best position to ma...
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Traditional Fantasy Sports v. DFS, and Why the Former is Escaping Scrutiny

...months of play by up to twenty players. Traditional fantasy football has become a common household activity, and although money may be exchanged, it is perceived in the same “gambling” light as picking a box at a Super Bowl party. This perception used to be matched by a lack of enforcement. In 2006, however, the federal legislature addressed this gray area by enacting the Unlawful Internet Gambling Enforcement Act (UIGEA). This act, while simultan...
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