Science and Technology Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Science and Technology including: biotechnology, chemical law, computer and software, data protection, information technology, internet law, research and development, telecommunications law.
May 21, 2013 By Lorenz
On February 27, the Article 29 Data Protection Working Party adopted an opinion on smart devices. The opinion strives to clarify the European regime on the collection and use of personal information by means of smart devices.
May 21, 2013 By GRP Rainer LLP
The ECJ has ruled that the spreading of television programs via live streaming without the creator’s consent shall not be possible.
May 2, 2013 By GRP Rainer LLP
The European Court of Justice (ECJ) has decided that the general permission of resale of software also applies, if the licenses have been downloaded from the Internet.
April 18, 2013 By GRP Rainer LLP
It has emerged from a judgment of the European Court of Justice (ECJ) dated 7 March 2013 (file no. C-607/11) that television broadcasters can probably ban the dissemination of their broadcasts via live streaming.
April 9, 2013 By CSB Advocates
Google has long provided the service of blocking search results in pursuance to website takedown requests.
April 8, 2013 By GRP Rainer LLP
The retransmission of television programs of broadcasting companies over the internet by other companies can be prohibited by a broadcasting company.
DR Congo Adopts a Legal Framework for the Implementation and Operation of Fiber Optic Telecommunication Networks
April 5, 2013 By Emery Mukendi Wafwana & Associes
The Minister of Posts, Telecommunications and New Technologies of Information and Communication, « The Minister », has recently taken, not without reason, a Decree of major importance in a world where the quality of telecommunication services is required at any price.
April 4, 2013 By CSB Advocates
In the EU, the “right of access” to one’s personal data has existed for over a decade. The US, on the other hand, seemed to be moving in a vastly different direction.
April 2, 2013 By Emery Mukendi Wafwana & Associes
Since September 12, 2012, OHADA Law (the Organization for the Harmonization of Business Law in Africa) is directly applicable and binding, as domestic positive law, in the Democratic Republic of the Congo (“DRC”).
March 28, 2013 By CSB Advocates
The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new ways to avoid abusive use of domain names. One of the more common abuses is that of cybersquatting, the act of registering domain names consisting in somebody else’s trademark in order to make gains of that trademark’s reputation. There are several types of cybersquatting, however this is the most common.
March 26, 2013 By CSB Advocates
When we think about creativity in the field of technology, we normally think about the U.S. and Japan. The European Union Commissioner for technology and the digital agenda Neelie Kroes is now actively trying to challenge this notion. Few people realize, for example, that Angry Birds and Skype were actually created in Europe. These may not trump the prolific success of Silicon Valley, but they are certainly a start.
March 18, 2013 By CSB Advocates
For over a year, Microsoft has been under the watch of the EU Commission regarding a perceived breach in EU competition law due to their “Windows” operating system being shipped with a pre-loaded internet browser.
March 18, 2013 By CSB Advocates
The EU has long been considering the implementation of frameworks and legal solutions to address mounting concerns in regard to cyber security. In addition to the introduction of a new strategy in this regard, the Commission made a proposal in February 2013 to introduce a directive to facilitate the creation of a harmonized network and to standardize information security throughout the EU.
February 20, 2013 By Angela Wang & Co.
The data privacy law in Hong Kong underwent a microscopic review a result of the Octopus card case of unauthorized sale of customers' personal data and greater awareness of individual's privacy rights in today's rapid changing technology.
February 14, 2013 By CSB Advocates
EU Application (App) developers for smartphones and tablets are anxiously awaiting new guidelines from the Article 29 Working Party which is composed of representatives from all national EU data protection authorities.
February 12, 2013 By Olender Legal Solutions, Miami Court Reporters
Technology has become a staple in today’s legal industry by shaping and changing the way business is conducted.
January 18, 2013 By CSB Advocates
On the 14th January 2013, Neelie Kroes, in her capacity as Commissioner responsible for telecommunications within the European Union, issued a statement that the EU will dedicate this year to introducing reforms in the regulation of the pan-European telecoms market.
December 14, 2012 By Lorenz
The proposed new EU General Data Protection Regulation continues to generate discussion at the EU level.
December 10, 2012 By Lorenz
The amendments to the Belgian Act on Electronic Communications (Telecom Act) entered into force on October 1, 2012. Amongst other things, the amended Telecom Act introduces a requirement for opt-in consent for cookies and a data breach notification obligation for telecommunications providers.
December 4, 2012 By Law Offices of Salar Atrizadeh
Face Recognition Technology
November 28, 2012 By Olender Reporting
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
November 15, 2012 By CSB Advocates
In 2009, Microsoft made an agreement with the European Commission, in its capacity as the pan-European antitrust watchdog that it would offer the opportunity to users to choose which web browser to use on its Windows 7 operating system. The discussions that brought about this agreement were labelled as the “Browser Wars”.
November 1, 2012 By Sheldon Mak & Anderson PC
A new study reveals that over 20 percent of patent filings can now be traced to mobile technology. The findings suggest that the industry may be the future of innovation. The study, authored by consultant Chetan Sharma, examined approximately 7 million patents granted both by the U.S. Patent and Trademark Office and the European Patent Office.
October 26, 2012 By CSB Advocates
Service providers in the mobile and ICT sectors are currently calling for a review of the existing EU level framework concerning the protection of personal data. They have pointed out that the 2002 “ePrivacy Directive” and the newly proposed “Data Protection Regulation”, if left as they are, would create discrepancies in data protection standards that would be detrimental to industry, consumer and operator alike.
October 23, 2012 By GRP Rainer LLP
Where the priority of the community trademark over a national trademark is in debate, then the day of registration is pertinent and not the exact time. The precise time of the brand registration mustn't be considered. With the help of a Spanish court, the European Court of Justice (ECJ) built a specific ruling on the 22.03.2012 (C - 190/10) that the term "registration day", consistent with article 27 of the Community trademark rules (GMV)...
October 18, 2012 By CSB Advocates
In the wake of the controversial law commonly called ACTA, the Maltese government has undertaken a public consultation exercise in order to enshrine “digital rights” in our Constitution. Currently, these rights are known to be the following: - The right to internet access; - The right to access information online; - The right to online freedom of expression; and - The right to exchange information online.
October 18, 2012 By CSB Advocates
A recent DMCA takedown request to the web hosting company “ServerBeach” resulted in the temporary denial of access to 1.45 million education related blogs. The notice regarded the website “Edublogs” which hosted all the blogs in question, all of which were housed on ServerBeach’s hardware. The subject of the notice was a questionnaire from 2007 which was under copyright protection in favour of a company going by the name of “Pearson”.
September 28, 2012 By CSB Advocates
In the wake of Apple’s recent announcement of the iPhone 5, the Brussels based consumer standardisation group ANEC has expressed its “dismay” at Apple’s decision to market its new product with yet another new “stand-alone” piece of technology.
September 23, 2012 By Lawson Firm, LLC
For years you’ve admired your top competitor’s ability to design and market new products that have, much to your frustration, consistently outsold yours. Now one of the key members of your competitor’s marketing team is sitting in your office asking YOU for a job. As he describes to you how he thinks he can position your products for triple-digit sales growth, you can’t help but think to yourself, “is this too good to be true?”
September 23, 2012 By Lawson Firm, LLC
An employee non-disclosure/non-competition agreement (NDA/non-compete) is a vital part of any company’s intellectual property protection program. Too often though, companies use the same form agreement for years even though its legal value may have eroded due to changes in the law or changes in the business. The following are some things to consider in determining whether it may be time to update your company’s NDA/non-compete.
September 6, 2012 By CSB Advocates
On the 21st August 2012 Pablo Chavez, Google’s public policy director, released a statement saying that software patents, rather than promoting innovation and creativity, are actually stifling it. He further commented that these measures have the effect of harming consumers who have less varied products to choose from on the market. This was after Motorola Mobility, one of Google’s many subsidiaries, sued Apple, demanding an import ban on the iPhone, iPad and iPod Touch.
September 5, 2012 By CSB Advocates
The High Court in the UK recently rejected an appeal made by Michael Toth in regard to his loss of the domain name ‘emirates.co.uk’. Toth, who possessed an extensive portfolio of domains, such as ‘china.co.uk’ and ‘maldives.co.uk’ appealed to the high court stating that his registration of the domain ‘emirates.co.uk’ was not done abusively.
July 18, 2012 By Lorenz
Regulation of social media from a global prospective. Jan Dhont comments on transatlantic differences. Social media policies attempt to grapple with the impact that employee conduct online may have on the reputation, business interests, and legal obligations of an organization. They do this by guiding employees on appropriate online behavior and prohibiting certain conduct.
Environmental Audit, One of the Conditions for Mining Operations in the Democratic Republic of Congo
July 9, 2012 By Yav & Associates
Mining is a key sector and continues to grow in several part of the world including in the Democratic Republic of Congo [DRC]. Legislation for mining may require an environmental impact assessment to be carried out before a mine is developed, and that a mine be developed and operated in an environmentally sound manner with the least impact on the environment. This paper gives insights of the environmental audit for mining operations in the DRC.
June 19, 2012 By Lorenz
In 2012 the Australian Parliament will implement reforms to the Privacy Act which grant more powers to the Information Commissioner and streamline some of the public and private sector obligations relating to privacy. Australia’s Privacy Act 1988 (‘the Privacy Act’) governs the federal privacy regime in Australia, along with other legislation relating to telecommunications, health care, government data-matching, and criminal records.
June 17, 2012 By Asia Law
Companies that wish to produce new technologies often choose to jointly develop it with others. That option is popular, as it allows two companies to share their respective strengths, resources and expertise. It is also risky, because each party relies on the other and may be required to share sensitive trade-secrets and other intellectual property rights. However, handled properly, the risks can be minimized and a mutually beneficial relationship can flourish.
June 11, 2012 By Law Offices of Donald W. Hudspeth, P.C.
The Internet is destroying the enforceability of small business contracts. Here are a few examples: Case 1: Painting Company and the BBB. - A house painting company (“PaintCo”) bid on and signed a contract with a home owner to paint his house. The contract had a three day cancelation clause which was not invoked.
May 18, 2012 By Carl Kandutsch Law Office
I spent three weeks in Brazil at the end of 2011, traveling in Campinas, Sao Paulo, Rio de Janeiro and the upscale resort town of Buzios in RJ State. One way in which Brazilian urban and suburban landscapes differ from those in the United States is that almost everywhere you look, you see new multi-family construction projects being built, mostly high-rises.
May 17, 2012 By CSB Advocates
In a recent ruling, a Finnish District Court held that when an act of copyright infringement takes place through the use of a person’s open Wi-Fi network, by somebody other than the owner of the network, that same owner cannot be held liable for the infringing acts. The case was brought by the Finnish Anti-Piracy Centre, a coalition of intellectual property right holders. They collectively sued a woman who owned the network for €6,000.
May 3, 2012 By Nicholls Legal
Broadband is a game changing development and policy-makers are still in “catch-up” mode. Legislatures and courts have so far taken a fairly traditional approach to dealing with the protection of online copyright works. Ultimately, it is expected that creative creators will continue to think outside the square to develop new business models – and that this group will manage to stay “ahead of the curve” when it comes to generating value (and new revenue streams) from their creative efforts.
Transborder data flows are a significant concern for those interested and involved in cyber-security and information privacy. The issue is given particular focus in the context of cloud computing. A key new source of risk for users on cloud computing services is that associated with the storage of data and the execution of transactions in foreign jurisdictions. This whitepaper examines government and industry responses to cross-border data flows in the context of cloud computing.
Inadequate data security leaves businesses open to significant damage and embarrassment. Whilst data security is a key concern for any business when it considers the use of its IT resources, businesses that operate within, or are seeking to operate within, the cloud need to be particularly attuned to the increased risks and dilemmas that cloud computing poses for their data security. - Data Security in the Cloud - A Whitepaper by Nicholls Legal
The adequate protection of the privacy of personal and sensitive data has proved to be one of the key concerns that has emerged in the area of cloud computing. Adequate protection of privacy intersects with many other issues affecting cloud computing, including data security, jurisdictional concerns and contractual issues. Cloud Computing and Privacy - A Whitepaper by Nicholls Legal
April 11, 2012 By TroyGould
Clinical Trial Agreements (“CTAs”) can be surprisingly complex documents with numerous legal issues, particularly in the setting of a multi-center trial for a new drug product candidate. This outline highlights the principal issues typically arising in a CTA and some of the considerations for companies sponsoring pharmaceutical trials (“Sponsors”) in addressing these issues.
April 4, 2012 By CSB Advocates
Update: The Agreement drawn up at EU level regulating this matter will come into force as of 1st July 2012.
April 2, 2012 By Demas Law Group, PC
At least three promising studies during the past decade indicate that heart patients may one day enjoy improved health after their hearts are treated with stem cells taken from some of their own fat cells. Several of these studies have been run by Dr. James Willerson of the Texas Heart Institute. During recent interviews, Dr. Willerson has said that he believes one of his most successful studies was the one he presented in 2011.
March 13, 2012 By Rosenfeld Injury Lawyers
Recognizing that the development of a bed sore during an admission to a hospital as something that simply should not occur, many facilities have begun to categorize their development for what they truly are a serious medical error. Bed sores now join a list of dreadful occurrences such as: operations on the wrong body part, patient suicides, foreign objects left in during surgery and deadly falls in the hospital as situations that simply shouldn't occur in the presence of proper medical care.
March 13, 2012 By The Margolis Legal Group, Inc
We’ve all heard the phrase “taking the Fifth.” A defendant in a criminal defense TV drama takes the Fifth in answer to a question as his Atlanta criminal lawyer glances from the stand. A friend jokes that she’s going to take the Fifth about what she was doing last night because her partner would be upset. But what does “taking the Fifth” mean?
March 7, 2012 By McDole & Williams, P.C.
Recently, McDole & Williams has received multiple requests to evaluate official-looking trademark registration notices received by clients. These official-looking notices claim to be from governmental trademark offices, alleging that the client must pay fees in order to maintain his/her trademark and rights.
February 16, 2012 By Law Offices of Donald W. Hudspeth, P.C.
Unfortunately, about two out of three new clients come to our firm because they have a problem with their signed contract or legal documentation. Too late, they have received the previously unconsidered information that their contract does not have a jurisdictional provision (so they are being sued in Idaho); or their contract doesn’t allow for....
January 18, 2012 By Juneau Partners
A brief summary of some positive and negative consequences of the America Invents Act. America Invents Act: Pros and Cons - by Todd Juneau
January 12, 2012 By CSB Advocates
The European online privacy watchdog known as the ‘Article 29 Working Party’ has called for stricter regulation on the practice of using ‘cookies’ for online advertising. A cookie is a tracking program uploaded to a computer by advertising companies in order to monitor the activities of an internet user. This, in turn, allows the advertising company to forward advertisements to the user tailored to their personal interests.
January 4, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
In 2004, California voters enacted Proposition 71, approving $3 billion worth of funding for stem cell research to be allocated over a 10-year period to different research facilities. Now, in 2011, the money is scheduled to run out in around five years and voters are debating whether to approve a proposition authorizing additional funding. The proposition of providing more public funding for stem cell research has proven controversial among California voters, explains a lawyer.
December 20, 2011 By Jaburg Wilk
Generic top level domains known as “gTLDs” are about to change. If you are thinking that this may be interesting but has no effect on you or your business, think again. Brand owners have several options for protecting their trademarks in this new unlimited gTLD system. By: Maria Crimi Speth
December 5, 2011 By Soos Law Firm
The Hungarian Parliament has recently adopted a new act arguing that the provisions of the current data protection are outdated. Although the applicable EU directive is under significant review in the EU, the new Hungarian act still follows the old (current) EU legislation. The new act is called Information Act), and maintains the rigid Hungarian system of data protection and misses the opportunity to help foreign data processing.
November 28, 2011 By Hamilton & Associates, P.A.
What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed issuer, with no or nominal operations; and either: • no or nominal assets; • assets consisting of cash and cash equivalents; or • assets consisting of any amount of cash and cash equivalents and nominal other assets. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group
November 23, 2011 By BUE Law Firm
Petroleum Market Law numbered 5015 has been enacted at December 4, 2003, within the efforts performed to institutionalize the market economy and improve the competitive environment in order to update the current legal regulations in the petroleum and petroleum product industry and regulate the markets.
November 17, 2011 By Kelly / Warner, PLLC
A lot of people who use the internet have the need to protect their privacy. However, the internet is still so new that online privacy laws are still being written and modified.
October 24, 2011 By Kelly / Warner, PLLC
Debt Relief Websites are they trouble? Make sure you review the terms and conditions of any site before agreeing.
October 11, 2011 By CSB Advocates
Microsoft is currently in the process of acquiring the well known VoIP (Voice over Internet Protocol) provider Skype. This move has caused a great deal of concern to competing companies, some of which have filed objections in all applicable jurisdictions where the merger is being examined.
October 11, 2011 By CSB Advocates
In a preliminary ruling passed by the Grand Chamber of the European Court of Justice on the 4th October 2011, the court laid down a variety of principles which may bring about changes for the television service market.
October 4, 2011 By Law Offices of Salar Atrizadeh
Defamation and Section 230 of the Communications Decency Act.
September 24, 2011 By Kelly / Warner, PLLC
The author explains behavior marketing and its possible ramifications on people.
September 20, 2011 By Kelly / Warner, PLLC
Don't think you need contracts for your website? Think again! Consult a lawyer today that specializes in internet law.
August 29, 2011 By Legal Alliance
Over the last several years the pharmaceutical markets of some countries of the former Soviet Union have witnessed strengthening positions of domestic production of medicines, as well as the general tendency of the imported medicines substitution by the domestically produced pharmaceutical products (so-called “import substitution”).
August 18, 2011 By CSB Advocates
The European Commission is persisting in its efforts to bring about further accessibility to consumers roaming within its borders by further standardizing the cost of voice calls, Short Message Service (SMS) and data transfer across the European Union whilst roaming. A new roaming regulation which will be updating the current one should be announced on the 6th July 2011 The regulation must be approved by the European Parliament and the Council of Ministers before being implemented.
August 11, 2011 By Allen, Flatt, Ballidis & Leslie, Inc.
The technological advances that have accompanied the digital age have presented lawyers in California and elsewhere with new challenges when conducting discovery for civil cases involving personal injury and wrongful death, as well as criminal ones. This article explores how constitutional protections have further complicated the process.
July 21, 2011 By CSB Advocates
Until a few years ago, a mobile phone consisted of a handheld device which enabled a subscriber to make and receive voice calls whilst mobile, as opposed to accessing the public telephony network from a fixed location. As technology progressed, however, both in terms of the handheld device, and in terms of the transmission capabilities on mobile networks, the mobile phone became a ‘smarter’ device, combining voice services with e-mail, fax and/or Internet access.
June 30, 2011 By Andreas Neocleous & Co LLC
In the European Commission’s Communication regarding the contribution of the regional policy in the area of smart growth in the Europe 2020 strategy, the central role of European regions in this process is primarily recognized.
April 14, 2011 By Schwell Wimpfheimer & Associates LLP
You are a publisher of traditional hard copy content (newspapers, books, graphic novels, magazines, photographs) and your materials are in demand to fill the digital pipeline created by numerous web-based and mobile applications. Or, you are a media agency or corporate brand manager seeking to extend your footprint into the online space. You are eager to have millions of new eyeballs accessing your treasure trove. Your software developers are on board, ready to digitize.
April 3, 2011 By MMLC Group
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.
March 27, 2011 By Blackfriars LLP
Stakeholders in Information and Communication sector recently reiterated their commitment to the passage of the anti-cyber crime bill into law.
March 22, 2011 By Bertolino LLP
There is a false sense of security that takes place when we log on to the internet, our smart phones, or some other form of electronic communication. Many of us seem to think that our true selves are separated from these pieces of technology and that our words and actions are anonymous and floating somewhere through the netherworld of cell phone towers and W-Fi hotspots.
March 15, 2011 By Guvener&Can Law Firm
Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.
March 9, 2011 By Jaburg Wilk
Website copying is common because of the popular myth that if something is on the Internet; it is in the "public domain" and therefore can be used by anyone.
March 5, 2011 By John T. Floyd Law Firm
Computer crimes and prosecutions on the rise: cyber espionage, theft of corporate trade secrets and identity fraud continue to increase.
March 5, 2011 By John T. Floyd Law Firm
California Supreme Court allows search of data stored on mobile phone without warrant.
January 25, 2011 By Frishberg & Partners
After years of paralysis, Ukrainian business-related legislation is undergoing major changes. For instance, a new tax code came into effect in the New Year, and we can already hear the protests associated with the proposed new labor code. Meanwhile, completely undetected, a new law has quietly entered into force on January 1, 2011, entitled the Law of Ukraine No. 2297-VI “On Protection of Personal Data”, dated June 1, 2010 (hereinafter the “PDP Law”).
January 21, 2011 By Andreas Neocleous & Co LLC
E-justice, the use of Internet technology in handling various administrative procedures before, during and after the administration of justice, provides a host of possibilities throughout the legal process, from lobbying through to the provision of remote authoritative legal information and certificates. It is seen by many as the key to streamlining and expediting justice.
November 23, 2010 By MMLC Group
This article looks at some of the Chinese regulations that are most relevant to cloud computing in China. It is hoped that more comprehensive data privacy laws will receive attention in China in the near future.
Penny auction sites are popping up everywhere on the Internet, like mushrooms after a storm. The basis of their appeal from the bidders' point of view is the old something for nothing. If all goes right and their bid is the winner, then they've managed to get valuable items for dirt cheap. But it's harder to figure out the attraction from the site owner's perspective.
Why the debate is anything but neutral and why you should care.
Why a magazine is in hot water over a half-baked response to alleged copyright infringement.
The Internet is, as the cliché goes, "a marketplace of ideas." Whether a person has an opinion on politics, commerce, or even the show they saw on TV last night, there is always a forum to spread their opinion on, and that opinion will be available worldwide.
The author gives 5 important examples in Terms of Services.
Defamation is a serious problem on the Internet. For the same reason that the Web has become a great tool for research and mass dissemination of information, it has also become a tool for those who would seek to defame others.
Why are they important to have on your website?
Suppose you have an inside lock on the world's best widgets. Not now, but at some point in the indeterminate future, you intend to create an Internet e-commerce site from which you'll sell them.
Penny auction sites are popping up everywhere on the Internet, like mushrooms after a storm. You've seen their ubiquitous banner ads, perhaps without knowing what they are: 95% off Apple iPad 64GB! 46 inch flatscreen LED HDTV for less than a hundred dollars! Why pay full price for a SONY Playstation?
An article about Internet Privacy, "Do not track" list, and privacy legislation.
Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.
Understanding the online business world can help you build value for your business. From the founding of your company, and every day thereafter, you should be thinking about maintaining a presence online and building relationships that will be of value. Each move you make can make your company more or less valuable. This advice applies to both local businesses and those wishing to operate in the global market.
The internet has been instrumental in helping businesses grow. Before putting your business on the internet, it is important to make sure you are complying with the law. There is a growing consensus that there is a quasi-relationship between every website owner and its visitor or viewer. Some of these duties are statutory, while others are contractual.
Software as a Service (SaaS), or sometimes known as cloud computing, has been hailed as the next level of modern software. SaaS offers significant advantages to businesses and consumers alike, both in its cost and ease of use. This article will provide a basic overview of SaaS and SaaS law and why developers and end users alike need to understand the role an SaaS attorney plays in this new software.
Lately there have been many questions from our clients in the internet marketing and blogging industry about the new Federal Trade Commission Guidelines. Specifically, whether an affiliate marketer or blogger must disclose certain information on their web page, and if so how the disclaimer must be presented. This article will highlight several portions of the new guidelines and offer a framework for clients in how to disclose certain information on their websites.
Summarize your business plans, goals, and time frames in order to become a successful internet marketer.
From its inception, the promise of the Internet has been parity. The Internet is fundamentally democratic. It does not discriminate between packets of information. It allows you to access the website of that tiny independent bookstore around the corner just as quickly as you access Amazon.com. It does not filter out access to digital forums where unpopular ideas or opinions are expressed. It does not transmit MSNBC content any more efficiently than it relays content from Fox News.
The Communications Decency Act, found in Section 230 of Title 47 of the US Code, was enacted in 1996 to provide website operators with immunity for third-party content. At the time, Section 230 seemed like the best approach to help the internet grow, as several court cases threatened to put many service providers such as AOL and Prodigy out of business. Yet, Section 230 of the CDA has caused many unintentional problems that, at the time, were probably never contemplated.
November 17, 2010 By Walzer & Melcher LLP
Now that California has adopted procedures for conducting E-Discovery, requests for electronically stored information (ESI) should be part of a routine discovery plan. Getting ESI in electronic form is better than paper because it contains more information, is easier to use and distribute, and eliminates wasteful printing. This article gives practice tips on conducting E-Discovery in California.