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Administrative Proceeedings

Once Again, with Feeling This Time: You Cannot Enact a State Law Making Interactive Services Liable for Third Party Content
There is a lot of darkness out there. And it makes us mad. And it makes us want to do something. And sometimes we cant reach the bad people who do bad things. But we can reach intermediaries who have nothing to do with the bad things. Sometimes, in order to "something," we do the wrong thing. State laws imposing liability on interactive services for third party content is the wrong thing.

Duty to Secure your WiFi Access Point?
Something bad happens online. It happens. Plaintiff has the IP Address of the perp. Does plaintiff know whodoit? Is the account owner of an Internet access account liable for anything that happens on that account? Do you have a duty to secure your WiFi access point?

Dial "L" for Liability :: Sec. 230 Protects Online Service for Errant Phone Number
If someone's phone number gets incorrectly published in an online phone book and the result is that person's phone ringing off the hook (essentially a phone DDOS), could the publisher be liable for the errant phone number?

No Cybersquatting Liability where Defendant Set up Gripe Website to Criticize Plaintiff
There is a difference between cyberpirates - and griping - a Founding Father granted first American right and responsibility. The subject of the gripe may not like it much; but that doesnt make it a violation of the ACPA.

Data and Text on Cell Phone Not Protected by Stored Communications Act
You know all that data you keep on your smart phone? Addresses? Notes? Secret messages. Think its private??? Heh heh heh.... well maybe not.

No, Virginia, You Have No Duty to Secure Your WiFi Access Point
ThirdParty walks up to an open WiFi access point and downloads a bunch of copyrighted stuff. Copyright Owner sues the open WiFi access point for negligently failing to secure the access point. Name three things wrong with Copyright Owner's cause of action. See WiFi Security :: Negligence

Where the Wiretap Act and WiFi Collide
The story of the consternation over open WiFi access points continues to unfold. In this episode, Plaintiff wants to snoop on open WiFi access points to see if Defendant hotels and coffee shops are violating Plaintiff's patents. Is it a violation of the Wiretap Act to snoop on an open WiFi access point? Is it a violation of the Wiretap Act to overhear someone else's conversation on a walkie talkie? Isnt WiFi spectrum the equivolent of a wireless commons, a public park - where there is no expectation of privacy to conversations? See ECPA Exceptions WiFi

In Which the Court Finds a "Get Out of ACPA Cause of Action Free Card"
Seems pretty simple: If I registered my domain name before your registered your trademark, then my use of the domain name could not be a bad faith violation of the AntiCybersquatter Consumer Protection Act. Right? See ACPA :: Elements of Cause of Action :: Registration

Ken Burns Prohibition: Olmstead
Do you have an expectation of privacy in electronic communications? Olmstead 1928: No. Katz 1967: Yes. ECPA 1986: Yes. Facebook 2011: M'eh??

In a Time When Email Costs 26c and Takes Two Days to Deliver
The USPS is rumored to be running ads attacking email, attempting to install fear in the public that email is "insecure." This is not the first time the USPS felt threatened by email. In the late 1970s the USPS attempted to solved the email problem by suggestion that there ought to be a law against it.