Legal

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The Netherlands Passes Net Neutrality Legislation

May 24, 2012 Added by:Electronic Frontier Foundation

The Netherlands is the first country in Europe to establish a legal framework supporting net neutrality. The law contains language that restricts when ISPs can wiretap users, and limits the circumstances under which ISPs can cut off a subscriber's Internet access altogether...

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How the DOJ Looks at Compliance Programs Part I

May 22, 2012 Added by:Thomas Fox

Although often discussed in Deferred Prosecution Agreements (DPAs) or Non-Prosecution Agreements (NPAs), most compliance practitioners are not familiar with one of the most important sources of Department of Justice (DOJ) policy regarding the prosecution of corporations...

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Social Media Seeks Control Through TOS Enforcement

May 21, 2012 Added by:David Navetta

So far, social media companies have only sought to squash undesirable behavior on their platforms from third party commercial entities, such as spammers or those seeking password sharing, but in the future such litigation could be viable against individual users...

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Achieving Compliance in the Post-Acquisition Context

May 17, 2012 Added by:Thomas Fox

Trust cascades down each level of a company from the Board of Directors to employees and then to customers. Trust is equally important in the M&A context. These ideas are useful for the compliance practitioner when integrating a new acquisition into an existing compliance culture...

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Law Professors Cast Further Doubt on ACTA's Constitutionality

May 17, 2012 Added by:Electronic Frontier Foundation

At issue is whether the Office of the United States Trade Representative (USTR) had authority to enter into the controversial IP enforcement agreement on behalf of the United States when the Deputy U.S. Trade Ambassador signed ACTA in October 2011...

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Growing Mistrust of India’s Biometric ID Scheme

May 14, 2012 Added by:Electronic Frontier Foundation

In India, a massive effort is underway to collect biometric identity information for each of the country’s 1.2 billion people. The incredible plan has stirred controversy in India and beyond, raising serious concerns about the security of individuals’ personal data...

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Turn Compliance Beliefs Into Action: Impact Tone at the Bottom

May 11, 2012 Added by:Thomas Fox

This method is a good way for a compliance practitioner to get at ‘tone at the bottom’. By engaging employees at the level suggested you can find out not only what the employees think about the compliance program but use their collective experience to help design a more effective program...

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Drones, Secret Surveillance, and Classifying the Wizard of Oz

May 10, 2012 Added by:Electronic Frontier Foundation

The FAA finally released the names of the government agencies which applied for and received authorization to fly drones in the US. Unfortunately, the list did not include what drones were authorized, what they were being used for, or what information they were collecting...

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The Great Compliance Conundrum

May 10, 2012 Added by:Mark Gardner

The crux of the matter is why people bemoan compliance: To comply in this case requires no external verification, and in order to meet compliance you may avoid some as they're too hard to do or do not go deep enough, but still have the ability to turn and say that "we are compliant"...

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Communication is King in E-Discovery Matters

May 10, 2012 Added by:Bill Gerneglia

A common vocabulary is certainly emerging making dialog between counsel and technologists productive and effective. However, equally important is that lawyers engage their client’s technology team in dialog on e-discovery issues because when counsel fails, the fall out can be costly...

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DOJ: Any Protection is too Much for Cell Phone Tracking

May 08, 2012 Added by:Electronic Frontier Foundation

For years, we've been arguing that cell phone location data should only be accessible to law enforcement with a search warrant. After all, as web enabled smart phones become more prevalent, this location data reveals an incredibly revealing portrait of your every move...

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Ninth Circuit Narrows Computer Fraud and Abuse Act Reach

May 07, 2012 Added by:David Navetta

The crux is the recent application of the Computer Fraud and Abuse Act criminalizing violations of website terms of use and employer restrictions on employee computer uses, stemming in particular from what the statute’s term “exceeds authorized access” does and does not mean...

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FBI Overreaches with May First - Riseup Server Seizure

May 02, 2012 Added by:Electronic Frontier Foundation

Most troubling is the collateral damage. The search warrant authorized seizure of emails, communications, and files on the server, and records of IP addresses connected to the server. And the server was used by a wide range of people who had nothing to do with the bomb threats...

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Compliance: To Boldly Go Where the Board Needs to Go

April 29, 2012 Added by:Thomas Fox

I was thinking about Captain Kirk and his leadership of the Enterprise in the context of issues relating the Board of Directors responsibility in a company’s compliance program. Kirk did not have to deal with a BOD, but he did lead from the front, and that is what a CCO must do...

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Will Industry Agree to a Meaningful Do Not Track?

April 27, 2012 Added by:Electronic Frontier Foundation

A coalition of companies say they "only" want to track opted-out users for security purposes, market research, testing and improving their various advertising and tracking products, auditing, copyright enforcement and other "legal compliance" purposes, not other purposes...

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Duty to Authenticate Identity: Online Banking Breach Lawsuits

April 26, 2012 Added by:David Navetta

The attenuated nature of online relationships creates an opportunity for criminals to steal or spoof online identities and use them for monetary gain. The ability of one party to authenticate the identity of the other party in an online transaction is of key importance...

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