FCC Loses on Profanity

  The Court of Appeals for the Second Circuit recently ruled that the FCC’s policy of penalizing broadcasters for accidental expletives was “arbitrary and capricious” and would likely run afoul of the First Amendment. The court said all speech covered by the FCC's indecency policy was fully protected by the First Amendment.   Bottom Line: This is good news for the networks, who have complained for Read More

New Concerns About iTunes User Data

  Apple recently announced that it would be reducing the restrictive digital rights management (DRM) encoded in songs purchased via the iTunes service. However, Apple has not changed its practice of encoding each purchased track with personal data about the purchaser. The result is that each file purchased can identify the original purchaser of the track or album. This practice was less of an issue with the Read More

MySpace Settles on Spam

  MySpace recently settled an anti-spam lawsuit brought against TheGlobe.com for $2.55 million. TheGlobe appears to have used the mass marketing as a last gasp attempt to survive bankruptcy, according to its recent corporate reports.   Bulk marketing practices are often seen as last ditch attempts by failing companies to right the ship. Another circumstance that tends to breed bulk marketing campaigns Read More

Top Spammer Arrested

  Robert Alan Soloway, allegedly one of the world’s most prolific spammers, was arrested this week on a variety of charges including mail fraud, wire fraud, e-mail fraud, aggravated identity theft and money laundering. The potential jail time for all of the charges could be 20 years or more. The arrest of Soloway is good news for legitimate marketers, Internet Service Providers and other law-abiding e-mail Read More

Internet Spyware Prevention Act of 2007

  The House of Representatives recently passed the Internet Spyware (I- SPY) Prevention Act of 2007. The bill amends the federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer, and intentionally using that program or code: (1) in furtherance of another Read More

EU Questions Google on Privacy

  Further proof that Google can expect more serious oversight on its acquisitions and marketing practices, the European Union has launched an investigation into whether the Google search engine violates European privacy rules.   The primary concern is Google's practice of keeping information on user searches for up to two years after the performed search. The EU believes that this is too long a Read More

US Under Siege for Online Gambling

  One of the Republican Congress’s last actions before being defeated in the 2006 elections was attaching a bill that restricted online gambling transactions to a port security bill. The bill easily passed and a nation that had recently shown a strong interest in online gambling found that it was now prevented from funding their online gambling accounts. Most of the popular services for transferring funds to Read More

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Cyber Security Enhancement Act of 2007

  A bill has been introduced in the United States Congress to shore up penalties and provide additional funding for fighting cyber crimes. The bill, HR 2290 in the 110th Congress, expands the scope of 18 USC 1030, entitled “fraud and related activity in connection with computers.” That section provides ramifications, both civil and criminal, for unauthorized computer access. The proposed bill would expand and Read More

Affiliates Sufficient for Jurisdiction over Principal

  Recently, the United States District Court for the District of Maryland heard arguments in the matter of Beyond Systems v. Keynetics. The Plaintiff, Beyond Sysytems, a Maryland Internet service provider, alleged that Keynetics, based in Idaho, is liable for the bulk e-mailing practices of its affiliates, thus conferring personal jurisdiction over Keynetics in Maryland. Keynetics maintains the “Clickbank Read More