Showing 41 posts by Nicholas M. Oertel.
“Doppelganger Domain” Names Could be Stealing Your E-mails
Are your e-mails going astray? Do customers claim they have sent an e-mail that you didn’t receive or can’t find
It could be that they were never sent or it could be that a “doppelganger domain” name has been set up to steal e-mails that are supposed to be going to you or other employees of your business. Read More ›
Categories: Domain Name Registration
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Top-Level Domain Names: Protect Your Rights
In 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) removed most restrictions on the names of generic top-level domains. A top-level domain name is the letters after the “dot” in a website address. The most common top-level domains are “.com” and “.org”. Internet domains can now be any phrase and contain non-Latin characters (for example, Chinese, Arabic, etc.). Read More ›
Categories: Domain Name Registration, Intellectual Property
Michigan Sales Tax on Internet Retailers...Possibly
The applicability of sales tax in Internet transactions is a contentious issue in the state tax arena. Many Internet retailers do not collect sales tax on their sales unless they have a physical presence in a state. As a result, states have alleged that they are losing millions in tax dollars and brick-and-mortar retailers are operating at competitive disadvantages to their online competitors that do not impose sales tax. Although states have encountered Constitutional difficulties in taxing out-of-state retailers, the pendulum may be swinging in favor of the states. Read More ›
Categories: E-Commerce, Tax
U.S. Supreme Court Strikes Down Warrantless GPS Tracking
Let's revisit a previous posting regarding the scope of the Fourth Amendment in the digital era.
Last year, the Department of Justice requested the U.S. Supreme Court to approve the warrantless and covert attachment by law enforcement of a GPS tracking device to an individual's vehicle. The DOJ’s request arose from a U.S. Court of Appeals decision, which vacated the life sentence of a convicted drug dealer. In that case, the Court of Appeals held that law enforcement violated the individual’s Fourth Amendment rights by secretly attaching a GPS tracking device to the individual’s vehicle without a warrant. Read More ›
Categories: Privacy
Into the Breach . . .
Smartphone usage has skyrocketed in the past few years. Physicians are no exception to the trend - with more than 81% of physicians using smartphones. Disturbingly, the number of health data breaches has risen in tandem with increased smartphone usage, and most experts agree that the increase is no coincidence.
Recent reports have indicated that 96% of all health care organizations have experienced at least one data breach during the past two years. Although the report did not detail the number of data breaches attributable to mobile devices, there is agreement that the widespread use of mobile devices is putting patient data at risk. Read More ›
Categories: HIPAA
Could Proposed Law Put Artists Like Justin Bieber in the Slammer?
The Commercial Felony Streaming Act (S.978) is pending
introduction to the United States Senate.
If S.978 is passed, it would make the unauthorized streaming of
copyrighted material a felony punishable by up to five years in prison.
The potential passage of S.978 has sparked fears that artists like Justin Bieber (who began his quest toward pop stardom by singing covers on YouTube!) could end up in jail. DemandProgress.org has even argued that S.978 could shut down Twitter, YouTube! and other popular sites. Read More ›
Categories: Copyright
Facebook Penalized on Privacy
Facebook has reached a settlement with the Federal Trade Commission regarding charges that it violated users' privacy rights.
Why Facebook was under investigation?
In December 2009, privacy advocates filed a complaint with the FTC following certain changes to Facebook privacy policies. Specifically, the FTC complaint alleged that Facebook made aspects of its users' profiles - such as name, picture, and friends list - public by default and without user consent. The FTC stated that such actions violated user expectations of privacy and threatened the "health and safety" of users by exposing "potentially sensitive affiliations" such as political views and sexual orientation.
The FTC complaint also alleged other situations where Facebook "made promises that it did not keep," such as promising that it would not share information with advertisers or retain data that it promised users was deleted. Read More ›
Categories: Privacy, Social Media
Internet Sales: FTC's Mail or Telephone Order Merchandise Rule
With the holiday shopping season gearing up, let's take a look at a common scenario. Frank, a "last minute" shopper, purchases a great gift from an Internet merchant's website. The Internet merchant states that the item will be delivered to Frank in 3-5 business days. Unfortunately for Frank, the item is delivered 5 days late. Does Frank have rights under the law? Is the Internet merchant required to notify Frank of the late delivery? Read on. Read More ›
Categories: E-Commerce
Groupon: Trouble In Paradise?
Groupon, Inc. is in the midst of a class-action lawsuit, the result of which could alter the foundation of mobile couponing. For the uninitiated, Groupon is a group buying website that offers large discounts on local goods and services. Groupon sends subscribers daily emails with promotional offers. If a specified number of people sign up for the offer, the deal becomes available to all. For example, a Groupon offer might permit a subscriber to purchase an $80 massage for $40. The "Groupons" are valid for a certain period of time. According to Groupon's "terms of service," after a "Groupon" reaches its expiration date, it loses its promotional value; however, it can still be redeemed for the price paid. Read More ›
Categories: E-Commerce
Proposed Legislation Would Ban Unsolicited Text Messages
Cellular phones continue to play an increasing role in our daily lives, allowing us to stay "connected" 24/7. That "connectivity", however, blurs and erodes the traditional notions of privacy in an individual's daily life. Now, your boss, email, customers, and friends are never more than a button's push away. Read More ›
Categories: E-Commerce, Privacy
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