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Digital Business Lawyer

Volume: 13 Issue: 1
(January 2011)


Internet service providers (ISPs) in the US will have to conform to principles of network neutrality, following official regulations approved by the Federal Communications Commission (FCC) on 21 December. / read more

The Office of Fair Trading (OFT) has begun a crackdown on users of social networking website Twitter who endorse products and brands without clarifying whether they have been paid for their online remarks. / read more

The Italian Communications Authority (AGCOM) has launched a public consultation aimed at improving the protection of internet and TV copyright. / read more


2010 ended with the publication of yet another report - the US Department of Justice's (DOJ) Pro IP Act Annual Report FY2010 - on the scope of IP crimes in the US. It is quite extraordinary to see that, in the 28 pages dedicated to the 'efforts, activities and resources' deployed by the DOJ in fighting IP crime, there was only one significant cybercrime-related prosecution, in April 2010. / read more

South America
US / read more

As online contract law develops, it may be helpful to take an updated look at some of the approaches used in the US. Holly K.Towle, Partner at K&L Gates, looks at several emerging trends or needs that companies contracting online need to bear in mind to avoid complex legal proceedings. / read more

The Internet Corporation for Assigned Names and Numbers (ICANN) is currently developing new policies in relation to the allocation of new top-level domains, including generic domains and country-code domains. These proposed changes have already been severely criticised by bodies such as the BBC, eBay and Microsoft in relation to their impact on brand owners, particularly in the current economic climate. Simon Bennett and Maxine Lavin, of Fox Williams LLP, outline the changes that ICANN is set to introduce, the problems brand owners can expect and how they can react to them. / read more

With the development of strict rules regarding data collection and consent, email marketers need to be careful as to how they target marketing campaigns online. Julia Mueller and Tatiana Vorontsova, of emarsys, give an overview of the main legal considerations that marketers should be aware of in 2011, in the UK. / read more

At a time when the UK is just starting to warn bloggers and internet users about the need for transparency through disclosures in social media advertising, the US has already developed rules creating a framework for online endorsements, testimonials and advertising. Brian D. Fergemann and Marc H. Trachtenberg, of Winston & Strawn LLP, discuss the scope of the applicable law in the US. / read more

To seek a process patent in the US, inventors must demonstrate that their inventions constitute patent-eligible subject matter. One of the well-known tests to show patent eligibility of process patents is the 'machine or transformation' test. Sasha Rao and Barna De, of Ropes & Gray LLP, examine the effect of the US Supreme Court's Bilski decision on the test and its role in determining the eligibility of process patents. / read more

Cloud computing is hailed as an important innovation in the technology sector that has changed the way IT services can be provided and delivered to consumers and businesses. Vinod Bange and Samantha King, of Speechly Bircham, explain why the cloud enables users to access their IT resources remotely, without having to procure the required hardware and software themselves, but also why it raises data protection issues that need to be addressed. / read more

Libel: Farrall v Kordowski
Marketing: In the Matter of Reverb Communications, US Federal Trade Commission, Docket No. C-4310
File sharing: 'German file sharing case', case ref. 308 O 710/09 / read more

About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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