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Massachusetts rules require protection of personal information; nevada law requires encryption of personal information

  • Dentons
  • -
  • USA
  • -
  • September 24 2008

On Sept. 19, 2008, the Massachusetts Office of Consumer Affairs and Business Regulation (“OCABR”) issued final rules governing how businesses must protect and store personal information

Sixth Circuit decision leaves open constitutionality of Stored Communications Act

  • Hogan Lovells
  • -
  • USA
  • -
  • October 6 2008

The Sixth Circuit en banc has reversed a Sixth Circuit panel decision, Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), in which the Warshak Panel held that the government’s attempt to compel disclosure of communications kept in electronic storage for more than 180 days without a search warrant or prior notice violated the Fourth Amendment

Companies beware: misleading privacy promises can open the door to competitor suits under the Lanham Act

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 6 2008

Two previous Privacy In Focus articles discussed the ongoing litigation between CollegeNet, Inc. and XAP Corporation involving allegations under the Lanham Act of deceptiveness of XAP's privacy promises to users of its service

Ninth Circuit preserves California’s restrictions on information sharing with affiliates

  • Hogan Lovells
  • -
  • USA
  • -
  • October 6 2008

Financial institutions that want to share customer information with their affiliates must now give California residents more notice and control over how that information is shared

Fed. Circuit: “open source” licenses are protected by copyright

  • Drinker Biddle & Reath LLP
  • -
  • USA
  • -
  • October 3 2008

A squabble among model railroad enthusiasts has derailed some assumptions about the enforceability of “open source” licenses, generating a ruling by the U.S. Court of Appeals for the Federal Circuit that could expose users of free software to claims of copyright infringement

Ninth Circuit expected to rule on e-mail “interceptions” under the Wiretap Act

  • Hogan Lovells
  • -
  • USA
  • -
  • October 6 2008

The U.S. Court of Appeals Ninth Circuit currently is reviewing the extent to which the “interception” prohibitions of the federal Wiretap Act apply when e-mails are copied in transit

Federal Circuit validates open source licenses

  • Fenwick & West LLP
  • -
  • USA
  • -
  • October 17 2008

Although open source software licenses have been used for years, there have been relatively few court decisions on open source issues

Bundled or embedded applicational software is not subject to personal property taxation

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • October 15 2008

California’s Fourth District Court of Appeal, reversing the trial court and Orange County Assessment Appeals Board (“Appeals Board”), recently held that applicational software is not subject to property taxation even if it comes “bundled” with the computer hardware

Congress revises FACTA to quell abusive class actions

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 15 2008

When Congress enacted the Fair and Accurate Credit Transactions Act in 2003 to protect individuals’ identities, it little expected that it would spawn a spate of abusive class actions

Supreme Court denies overbroad public records request seeking all e-mails

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • October 14 2008

On September 25, 2008, the Supreme Court of Ohio ruled in favor of a public official who was asked to produce copies of all e-mails, text messages and written correspondence she sent or received from work and home over a period of time spanning approximately six months