What Is The Electronic Communications Privacy Act (“ECPA”)? The ECPA of 1986 protects a variety of electronic communications and records. Title I protects electronic, wire and oral communications in transit. Title II, the Stored Communications Act (18 U.S.C. §§ 2701-12) (“SCA”) protects stored electronic communications. Title III prohibits the use of trap and trace devices and pen registers, which essentially compile a record of dialed telephone numbers and routing. Titles I and II … [Read more...]
Law Firm Uses Computer Fraud & Abuse Act (“CFAA”)
February 27, 2012 By Leave a Comment
Previously, I discussed the Computer Fraud and Abuse Act (“CFAA”). As reported in the Legal Intelligencer, a law firm recently utilized CFAA against one of its former partners and associates who abruptly departed and allegedly used the “Dropbox” software to continue accessing the plaintiff law firm’s computer systems for the benefit of the law firm departing defendants joined. As reported in the Legal Intelligencer, Elliott Greenleaf & Siedzikowski sued former partner … [Read more...]
The Computer Fraud and Abuse Act (“CFAA”): It’s Not Just For Hackers
January 27, 2012 By Leave a Comment
The Computer Fraud and Abuse Act (“CFAA”): It’s Not Just For Hackers. In 1984 Congress enacted the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, to protect against hacking into U.S. government and financial institution computers. With the expansion of computer use, the explosion of the Internet and the adaption of crime to these expanding technologies, Congress broadened the CFFA to include almost any computer. Moreover, a 1994 amendment added a civil cause of action … [Read more...]
Web Site Terms of Service (“TOS”): A Contract with Web Users?
January 27, 2012 By Leave a Comment
Web Site Terms of Service (“TOS”): A Contract with Web Users? Many Web sites contain a link to a Terms of Service (“TOS”), Terms and Conditions of Use, or similarly titled Web page. What are these? Essentially, these pages are the site owner’s contract or license agreement with users who simply browse or use the services offered by the site owner. TOS are important to Web site owners for various reasons such as limiting stresses placed on the host network from unreasonable use, … [Read more...]
IT Digital Device Border Searches Cover More Than Just Laptop Contents
January 27, 2012 By Leave a Comment
IT Digital Device Border Searches Cover More Than Just Laptop Contents. Those who travel frequently are used to TSA security searches that have become more extensive, time consuming and invasive. International travelers have likewise faced increased scrutiny when returning to the United States by the U.S. Customs and Border Protection (CBP). While many realize that enforcement of the customs mission involves inspection for contraband and collection of duties, anecdotal evidence indicates … [Read more...]
Non-Disclosure Agreements and Their Importance
January 27, 2012 By Leave a Comment
What Is Non-Disclosure Agreement? A Non-Disclosure Agreement is a contract to protect information considered to be confidential or proprietary and disclosed in an employment relationship or in business transactions. It is sometimes called “Confidentiality Agreement” or “NDA.” Why Is A Non-Disclosure Agreement Necessary? To Protect Trade Secrets. A Non-Disclosure Agreement is used to protect trade secrets. A trade secret is any type of information that is not generally known … [Read more...]
Trademarks 102 (Part 2)
January 27, 2012 By Leave a Comment
In Trademarks 101 (Part 1 of this series), trademarks, service marks and the registration process briefly explained. In this installment, trademark limitations, infringement and importance of registration are explored. Common Instances Where A Company Cannot Acquire Trademark Protection Abandonment. Abandonment is a situation in which the owner of a mark does not use the mark for a significant period of time, fails to protect the unauthorized use or lets others use the mark without … [Read more...]
Trademarks 101 (Part 1)
January 27, 2012 By Leave a Comment
What Is A Trademark? A trademark is a “word, name, symbol, device, or combination” of these that an entity uses to identify and distinguish its goods from those of others. A service mark is similarly defined, but is used to distinguish services. The term “mark” includes both trademarks and service marks. Titles, character names, or other distinctive features of movies, television, and radio programs can also serve as marks when used to promote a product or service. Once a mark is … [Read more...]
Trade Names
January 27, 2012 By Leave a Comment
What Is A Trade Name? A trade name is a name that is commonly used by a business that does not use the full legal name of the business. Although it is usually registered with a state government agency and is commonly referred to as a “doing business as” or “DBA,” it is a “shorthand” business name used for commercial purposes. The state government does not give companies a trade name with a prospective right as granted for a trademark. A trade name is protected only if it is … [Read more...]
Trade Secrets
January 27, 2012 By Leave a Comment
What Is A Trade Secret? A trade secret is any information that derives economic value from not being generally known, has been maintained in confidence, and is not known by competitors. A company that owns trade secret may petition a court for a relief against those who have obtained or used its trade secret through improper means. The trade secret owner can also institute an action against those who wrongfully publicly disclose the trade secret in violation of legal obligations such as … [Read more...]
