Computer Technology Law Report: Index-Summary

ACCESS TO INTERNET

– Disabled persons

– – Americans with Disabilities Act, employer action in view of upcoming DOJ rules, 562
– – Technology, new forms

See LEGISLATION, FEDERAL, HR 3101, S 3304

– Net neutrality

– – EC view re need for legislation, 669
– – FCC authority to regulate (D.C. Cir.), 214; reclassification of broadband service as basic utility subject to strict FCC regulation, 216; impact on broadband plan, officials discuss, 218; FCC counsel view, 219; National Broadband Plan details, 220; Congress unlikely to preempt FCC plan, 318; revision of Communications Act, 319; ISPs and public-interest groups comment, 464
– – Google/Verizon differentiated services proposal, 459; data traffic management, FCC talks, 460; House democrats react, 461; Amazon, Facebook react, 462; Google response, 463
– – Industry and government roles, 668
– – Legislation, prospects, 566; 667

ACPA (ANTICYBERSQUATTING CONSUMER PROTECTION ACT)

See CYBERSQUATTING

ACTA (ANTI-COUNTERFEITING TRADE AGREEMENT)

See COUNTERFEITING

ADVERTISING

– Amazon contract permitting links, agency and infringement liability (S.D.N.Y.), 696
– Behavioral advertising

– – COPPA, actual knowledge of age, 358
– – Tagging specifications, 253; benefits discussed, 253

– Blogs, endorsements, BNA Insights, 263; 329
– CDA, unfair competition suit against Zynga and referring ad network (N.D. Cal.), 664
– Competitive advantage and privacy risks, outgoing FTC chief warning, 189
– Consent in Canada, U.S., and EU, BNA Insights, 421
– Counterfeit drug sales online, call for federal action and advertiser liability, 88
– Craigslist, software program permitting constant postings (N.D. Cal.), 180
– Data mining and sale of children's IM data, Echometrix settlement, 567
– FTC product endorsement guides, compliance strategies, 121
– Lawyers

– – New forms of ads, 495
– – Supervisory lawyer, failure to monitor employee claims on firm website (La.), 672
– – Websites as marketing tools, ABA ethics opinion, 599

– Microsoft/Yahoo deal, U.S. and EU approval, 120
– Misleading online endorsements, suit against PR firm and owner (FTC), 498
– Paid online advertising, disclosure of payer, Cal. final rules, 672
– Patent infringement potential, concerns for online marketers, 185
– Payday loan marketing, FTC suit re unauthorized debits from consumer accounts (N.D. Cal.), 588
– Privacy, marketing groups, self-monitoring and notice program, 604
– Safety, no duty on cell company to track lost subscriber (10th Cir.), 312
– Social networking sites, corporate use, publicity laws, 192
– Targeted online ads, European Parliament panel report, 706
– Telemarketing rules, auto warranty robocaller (N.D. Ill.), 184
– Trademarks

– – Keywords, trademarks as key to internet ad of competitor, BNA Insights, 224
– – Sale of trademarked terms as trigger for competitive advertising, amicus briefs (4th Cir.), 725

ANTI-COUNTERFEITING TRADE AGREEMENT (ACTA)

See COUNTERFEITING

ANTICYBERSQUATTING CONSUMER PROTECTION ACT (ACPA)

See CYBERSQUATTING

ANTITRUST

– Advertising, Microsoft/Yahoo deal, U.S. and EU approval, 120
– Amazon and Apple e-book contract terms, Conn. attorney general inquiry, 472
– DMCA injunction prohibiting software launch as harm, standing (N.D. Cal.), 42
– FTC, renewed Section 5 enforcement, BNA Insights, 639
– Google Inc.

– – AdWords, 1-800 Contacts trademark claim, Noerr-Pennington doctrine (D. Utah), 181
– – Business practices

– – – AdMob acquisition, Senator urges FTC review, 223
– – – Inclusion of internet search manipulation in DOJ probe, 121
– – – ITA Software acquisition, House panel hearing, 567
– – – Microsoft role in EU probe, 152

– – Search engine, discrimination against smaller competitors, EC probe, 746
– – Search result ranking

– – – Google-Italia, Microsoft subsidiary suit, 153
– – – Methods, Tex. attorney general probe, 531

– – Yahoo! affiliation, Japanese shopping site objection, 633

– Intel market tactics, challenge (FTC), 10; settlement, 471
– Microsoft

– – Browser, move to offer choice screen, EU regulator response, 152; interoperability investigation, 355
– – Compliance with consent decrees, DOJ and states report (D.D.C.), 142
– – Vista license, claims by indirect purchaser (W.D. Wash.), 115

– News outlets, possible exemptions, 150
– No-solicitation agreements re rivals' employees, high-tech firm abandonment (D.D.C.), 559
– PIPEDA, proposed amendments, BNA Insights, 678
– Text messaging, price fixing (N.D. Ill.), 282
– “TV Everywhere,” public interest groups seek investigation, 45
– Video game accessories (N.D. Cal.), 241

ARBITRATION

– Any claims clause (N.J. Super. Ct.), 249
– Class action waivers, FAA and Cal. law (U.S., oral arg), 661
– Failure to prosecute (9th Cir.), 94
– Internet service providers (ISPs)

– – Service contract, clause referenced, enforceability (M.D. Ga.), 375
– – Terms of use, clause appearing deep within contract (D. Mont.), 695

– Unconscionability, authority of arbitrator to rule on (U.S., rvs), 406

ATTORNEYS

– ABA Ethics 20/20 Comm'n, growing use of internet, comment request, 597
– Advertising

– – New forms, 495
– – Supervisory lawyer, failure to monitor employee claims on firm website (La.), 672
– – Websites as marketing tools, ABA ethics opinion, 599

– Client privilege, blog, e-mail, and internet chat sessions of client (N.D. Cal.), 692
– Cloud computing

See CLOUD COMPUTING

– Computer data client took from opponent, review of (Fla. Dist. Ct. App.), 118
– Court proceedings, webcasts

See LEGISLATION, FEDERAL, S 657

– EchoStar piracy, fee award, reversal (9th Cir.), 469
– Electronic communication technology, notification issues for class action litigators, 63
– Facebook, judges including lawyers as friends, 98
– FTC red flags rule, ABA challenge (D.C. Cir.), 589
– Malpractice, emerging technologies and standard of care, 250
– Metadata, sender duty to scrub, Minn. ethics opinion, 252
– Mobile devices, risks of use, BNA Insights, 419
– Private investigator surveillance tactics, panelists comment, 351
– Technology changes, effects on regulation, 629

AUCTIONS

– eBay, trademarks

– – Counterfeit Tiffany jewelry (U.S., rev den), 727
– – EU adviser comments on liability for violations, 746

– Patent infringement, Google AdWords, bidding and ad placement system (Fed. Cir.), 212

AUTHENTICATION

– Cybertheft from bank account, consumer protection (D. Me.), 67
– Identity management, legal impediments, possible remedies, 670
– Paraguay, electronic signature bill passes Senate, 388; congressional and government action, 499
– State insurance rule, web signature as signed writing (E.D.N.Y.), 37