March 05, 2007 | National Law Journal
Discover Your Inner TechieThe changes to the Federal Rules of Civil Procedure have heightened the role of electronic information by promulgating protocols for digital data. Understanding digital data, as well as the software that parses it, is necessary to understanding who the new rules affect most.
By Jonathan Bick and Ellen M. Javor
7 minute read
November 11, 2004 | Law.com
Bringing a Spammer to JusticeBefore a private or government action is initiated against a spam user, procedural issues -- such as long arm jurisdiction -- must be considered, says law professor Jonathan Bick. Recent case law, he says, supports the conclusion that states can reach out-of-state offenders.
By Jonathan Bick
9 minute read
December 15, 2005 | Law.com
Preserve E-Meeting ConfidentialityThanks to the Internet, e-meetings have made business communication easier and more efficient. But the underlying technology -- which copies and then transfers content from server to server -- results in novel legal difficulties. The concept of "reasonable expectation of privacy" in the context of Internet activities is constantly shifting. Attorneys seeking to preserve the confidentiality of e-meetings must take steps above and beyond what's needed for traditional meetings.
By Jonathan Bick
6 minute read
August 21, 2008 | Law.com
Novel Internet Statute StrategiesThe Internet presents special regulatory challenges. Any effective statute, for instance, must be prepared by an entity with the authority to draft, implement and, to some extent enforce, the statute. Efficacy, of course, hinges on jurisdiction, but the Internet knows no geography and, so, users leap boundaries with a finger poke or thumb flick. These challenges require novel statutory strategies to meet the Internet?s current and future status as a channel and communications domain that requires regulation at various levels of operation and use, including e-commerce.
By Jonathan Bick
10 minute read
December 27, 2007 | Law.com
VoIP Changes the Whole Ring of the ThingUnfortunately, for consumer and businessperson alike, a concealed cost of VoIP service might be a user�s privacy. That�s because traditional telephone privacy is strictly sheltered by existing case law and statute, while VoIP, it could be argued, is unprotected in many instances.
By Jonathan Bick
7 minute read
July 17, 2007 | Law.com
Download Enforcers May Be Singing New TuneRecent court decisions may force the Recording Industry Association of America (RIAA) to re-evaluate its litigation tactics. In Capital Records v. Foster, a music downloading copyright-infringement case, the court limited liability for Internet address ownership and awarded attorney's fees to the prevailing defendant. As a result, RIAA members will likely change their approach to litigation, which currently targets individuals for file sharing based on the use of a person's Internet Protocol address.
By Jonathan Bick
5 minute read
May 11, 2006 | Law.com
'Dual-Use' Spam Preys on the Charitable"Dual-use" spam is the latest way unethical marketers are getting around the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. With this mutation, spammers send out unsolicited, noncommercial e-mails to raise money for charity, which is not regulated by the CAN-SPAM Act. After raising the money, the spammer adds the e-mail addresses of people who donated to his commercial target list. Is eternal spam the new price of good karma?
By Jonathan Bick
8 minute read
December 19, 2001 | Law.com
Filling in the GapsThe Internet bristles with intellectual property and information subject to legal protection, such as proprietary information and personal data. Consequently, the tort of Internet misappropriation is an attractive doctrine for protecting intellectual property that qualifies neither for statutory protection based on copyright or patents, nor for traditional unfair competition protection based on confusion of source.
By Jonathan Bick
7 minute read
June 09, 2003 | New Jersey Law Journal
Top 10 Things Human Resource Professionals Need To Know About Internet LawInternet law has developed in lock step with the Internet, and both interpenetrate every aspect of a human resource professional's function. From how to handle employee data to accomodating disabled Internet users to preventing security breaches that an employee's juvenile family members might cause from a computer in the home that is also used for work purposes, numerous new legal difficulties await the unprepared human resource professional.
By Jonathan Bick
16 minute read
August 03, 2007 | New Jersey Law Journal
Internet Civil Rights Governed By Federal AnalysisIndependent state interpretation of civil rights cannot apply to Internet transactions because of the multijurisdictional characteristics of the Internet.
By Jonathan Bick
6 minute read