CAN-SPAM has few private remedies...

... or at least that's what Western District of Washington seems to imply: Gordon v. Virtumundo, Inc..

The court held that even if a private entity can qualify as an "internet access service" (something the court calls "ambiguous), that entity needs to provide some evidence as to actual harm to "bandwidth, hardware, Internet connectivity, network integrity, overhead costs, fees, staffing, or equipment costs" or other "financial hardships" beyond mere inconvenience.

Hat tip spam notes.

Internet jurisidiction...

... in EBay cases, a primer.

Most people believe the law is pretty clear on Internet jurisdiction. That is simply not the case. The variety of Internet related disputes expands far faster than legislators could ever react. Judges are often left, therefore, applying bricks and motor jurisdictional principles to Internet disputes.

Words can be indecent...

.... so says a New York court in a case involving only the transcripts of ab internet chat.

Read the opinion here.

Myth of the superhacker?

Paul Ohmwrites that too much law and policy is based on a fictious person that doesn't exist.

For example, law enforcement officials talk about the spread of zombie “botnets” to support broader computer crime laws. Privacy advocates fret about super-hackers who can steal millions of identities with a few keystrokes. Digital rights management opponents argue that DRM is inherently flawed, because some hacker will always find an exploit. (The DRM debate is unusual, because the power-user trope appears on both sides: DRM proponents argue that because they can never win the arms race against powerful users, they need laws like the DMCA.)

These stories could usefully contribute to these debates if they were cited for what they were: interesting anecdotes that open a window into the empirical realities of online conflict.

UW-Madison's retaliatory hacking...

... justified under the Fourth Amendment, or so says the 9th Circuit.

Who's doing the spamming?

You might be surprised, So who sent you that spam? HP or Oracle? | The Register

When it comes to bot-infested PCs that spew spam, most of us assume the owners are newbie users too naive or careless to follow basic security measures. Think again. There's a good chance that the penis enlargement email that just landed in your inbox is from a network maintained by Oracle, Hewlett-Packard or some other Fortune 1000 company.

DMCA protects service providers...

... from third party intellectual property claims: Perfect 10 v. CCBill


Hat tip: joegratz.net » 9th Cir. Decides Perfect 10 v. CCBill

User-generated advertising, "uncharted legal waters"

Everyone likes, YouTube (well, not Viacom), but is user generated content really a good advertising strategy? Consumer-Created Ads Cause Grief for Companies

Money quotes:

"The idea of doing that is fraught with all sorts of risks that aren't worth the business benefit," said Douglas Wood, a New York-based attorney who is a co-chairman for the advertising, technology and media law group at Reed Smith. "If clients listen, they won't do it."
....
"You need to step back and say: What negative impact could this have on my brand?"

Washington joins Streamlined Sales Tax

Wash. Governor Signs Internet Tax Bill - Forbes.com

Washington will join 21 other states that have passed legislation to become members of the Streamlined Sales Tax Project.

...

The state Department of Revenue predicts that by joining the program,
Washington will initially see an additional $35 million to $40 million
in sales taxes from out-of-state companies that sell products to
Washington residents.

Spiders and terms of use

While the plaintiff in this case seems a little over the edge, the Wayback Machine v. Shell case presents some interesting legal questions: to what extent can a spider be bound to the terms of use of a website.

I think that it's fairly safe to say that most think terms of use are probably enforceable. However, it is possible that a spider can be an agent?

Hat tip Eric Goldman.

COPA-CABANA.

Judge puts one more nail into the Child Online Protection Act, Law.com - Internet Porn Law Ruled Unconstitutional.

National Security Letters

In an unusual anonymous letter to the editor, "My National Security Letter Gag Order," the president of a small internet service provider said:

I found it particularly difficult to be silent about my concerns while Congress was debating the reauthorization of the Patriot Act in 2005 and early 2006. If I hadn't been under a gag order, I would have contacted members of Congress to discuss my experiences and to advocate changes in the law.

CAN-SPAM and vicarious liability

An advertiser can be vicariously liable for another party's CAN-SPAM violations