Tech Law News

This is FindLaw's Legal Technology Center's collection of Technology Law News articles. Information on cyberspace law, internet law, ecommerce, court decisions that involve technology companies and more is provided here.
Tech Law News Articles
    • Debate Over VoIP Enters New Phase: FCC Issues a Notice of Proposed Rulemaking

      The debate over the regulation of Voice Over Internet Protocol (VoIP) technology entered a new chapter since this column regarding VoIP last appeared. The Federal Communications Commission (FCC) on February 12, 2004 issued a Notice of Proposed Rulemaking Re: IP Enabled Services ( the "Notice of Proposed Rulemaking").

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    • FCC Decisions on VoIP Classification Will Affect the Future of the Service

      Voice over Internet Protocol ("VoIP") is arguably one of the most important recent developments in telecommunications, yet is virtually ignored by current federal and state regulations applicable to traditional telephone service. However, the growing popularity of VoIP in both the private and business sectors (some analysts claim that VoIP will replace traditional telephone service for the majority of users by the end of this decade) makes it likely that VoIP will be subjected to at least some regulatory requirements in the future.

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    • FCC Inconsistency Benefits Law Enforcement In VoIP/Broadband Decision

      Recently, the U.S. Court of Appeals for the D.C. Circuit addressed a controversial 2005 order of the Federal Communications Commission in American Council on Education v. FCC, a decision which denied a petition for review of an FCC ruling that providers of broadband Internet access and voice over Internet protocol ("VoIP") services are regulable as "telecommunications carriers" under the Communications Assistance for Law Enforcement Act ("CALEA").

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    • The War on Terrorism: FBI Wants Expanded Wiretapping Authority

      The debate over government interception of Internet communications has expanded to a new technology, namely Voice over Internet Protocol ("VoIP") transmissions. Indeed, representatives of the FBI's Electronic Surveillance Technology Section in Chantilly, Virginia have been meeting secretly with the Federal Communications Commission since July, 2003, exploring ways to provide the FBI with more regulatory authority to "wiretap" Internet communications, and in particular VoIP transmissions.

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    • Circuit Split, the CFAA, and Employee Misuse of Computers

      The Computer Fraud and Abuse Act (CFAA) and its provisions have been the subject of significant criticism, particularly following the prosecution of Internet activist Aaron Swartz. Various federal circuit courts of appeal interpret the CFAA differently, and it appears difficult to reconcile these competing cases.

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    • Uh Oh, Google Gets Geico: No Insurance Against Trademark Keying Policy

      Following a three day trial, a recent decision by the Eastern District of Virginia gave new life to the practice of trademark keying. In Geico v. Google (No. 1:04CV507), Judge Brinkema ruled from the bench that Geico "has not established that the mere use of [Geico's] trademark by Google as a search word or keyword or even using it in [Google's] AdWord program standing alone violates the Lanham Act."

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    • SEC Loses 'Fair Disclosure' Case Against Siebel Systems

      The Securities and Exchange Commission has lost its first contested action over the agency's fair-disclosure rule, or Regulation FD, against Siebel Systems and two of its top officers for allegedly releasing positive information about the business-software company to only a few institutional investors.

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    • Taxing Online Sales: What You Need to Know

      Online sales were once regarded as one of the last bastions safe from taxation. But are they really?

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    • Apple iTunes Can Request Personal Info with Credit Card Payment

      The California Supreme Court ruled that the provisions of the Song-Beverly Credit Card Act, which prohibits the collection of "personal identification information" as a condition of credit card payment, does not apply to online retailers selling products that are downloaded electronically.

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    • Revelations About NSA Access to Phone Records: Laws That Were Probably Broken and Likely Consequences

      With the National Security Agency's warrantless wiretapping program still highly controversial, just last week, USA Today revealed that President Bush has authorized yet another secret surveillance program. Under this program, the NSA - apparently without the benefit of any court order -- has been compiling millions of Americans' phone records into a giant database.

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