tweet digest for week ended 2012-01-22

  • e.g. some providers say account ends & data deleted on death. some state laws say executors have right to access & continue. #abaclc #
  • does probate law, will or power of attorney trump terms of service? #abaclc #
  • so, what happens to your digital property if you don't plan ahead and kick the bucket? terms of service become relevant. #abaclc #
  • create a list of passwords and digital property – store securely & give access to fiduciaries. #abaclc #
  • planning ahead to deal wtih digital property wil save a lot of time and money. #abaclc #
  • next presentation sounds interesting – what happens to you digital estate (passwords, logins, auth devices) when you die? #abaclc #
  • RT @tedclaypoole: Karl's secret weapon: Pre-litigation DMCA subpoena. #abaclc need affidavit in support. #
  • subpoena anonymizer services. #abaclc #
  • other techniques: focus on websites where target doesn't obscure identity. #abaclc #
  • yet more tools: web bugs, dummy websites. #abaclc #
  • other tools: historial whois, reverse IP analysis, dns analysis. #abaclc #
  • tools to find wrongdoers: domaintools.com, arin.net & other registries, google, archive.org. #abaclc #
  • karl kronenberger presenting on anonymous bad actors on the internet and how to get them. #abaclc #
  • RT @l_mermelstein: Hidden sending of location data as product defect- creative legal tactic. #abaclc #
  • claypoole & balough presenting on mobile apps & geotracking. #abaclc #
  • new era where upstream service providers will be regularly targeted. #
  • RT @FlemingMF: Goldman: USA is not immune from regulators using nuclear option: e.g., ICE seizure of domain names. #abaclc #
  • 1 – the year the regulators broke the internet. work up the chain to a wrongdoer's service providers. #abaclc #
  • interesting point given recent decision in ontario two days ago recognizing tort of invasion of privacy & awarding damages. #abclc #
  • 2 – inability of plaintiff privacy lawyers to successfully sue for privacy breaches. failures based on standing, damages. #abaclc #
  • 3 – gtld rollout. goldman thinks it's a bad thing – incur costs and no wins (other than icann or providers). sorry, don't agree. #abaclc #
  • obvious problems – patient-physician relationship s/b based on trust; public policy issues. #abaclc #
  • 4 – medical justice – suppress negative reviews – gave doctors ownership of copyright to negative reviews from their patients . #abaclc #
  • 5 – righthaven fiasco – copyright troll. lost on standing, fair use. bad litigators. hit with costs. #abaclc #
  • top 5 developments per goldman. #abaclc #
  • another trend – ownership of social media accounts – goldman thinks litigation makes zero sense (and he's probably right). #abaclc #
  • increasingly, judges permitting handing over facebook login and password for discovery. disturbing trend. #abaclc #
  • #ftc #doj increasingly focused on silicon valley. #abaclc #
  • RT @jottaviani: #abaclc link 2the In re Rolondo S case mentioned by @ericgoldman http://t.co/GAJvUNzu #
  • RT @FlemingMF: Goldman: "Teenage boys should not be trusted with the Internet." #abaclc #
  • felony identity theft conviction for fraping. #abaclc #
  • RT @tedclaypoole: @ericgoldman pissedconsumer case – court wont allow TM attack to work around section 230 protection. #abaclc #
  • eric goldman starting an overview of developments in 2011. #abaclc #
  • kate andresen now presenting on HITECH Act. #abaclc #
  • may also address right to be forgotten (primarily civil law concept). #abaclc #
  • fines of up to 5% of global revenue. holy smokes. #abaclc #
  • multinationals would be regulated by a single national regulator. #abaclc #
  • possible changes include more consistency – regulation will be the same text throughout eu (not the case with the directive). #abaclc #
  • eu rewriting privacy regulation to replace existing directive. #abaclc #
  • most us ad networks not really doing that much right now – will likely mandate their clients to comply. #abaclc #
  • in france – no transition period. highlights another problem – jurisdictional differences in implementation/enforcement. #abaclc #
  • ico (uk regulator which enforces regulation) website stats show an 80% drop in tracked visits when implementing cookie regulation. #abaclc #
  • chris jeffery now presenting on new eu cookie regulation (which imho is a total nightmare). #abaclc #
  • MT @InformaticsLaw: Sharon Sandeen highlights that old patent laws ignored non-US prior art as embarrassment. How tru! #abaclc #patent #ip #
  • @TechnicalGal i'd be surprised if brought to bear that an order would be issued under fema. but maybe i'm a just cynic. in reply to TechnicalGal #
  • the problem with #sopa makes ancillaries (ISPs, search engines, payment service providers, etc.) the enforcers for ip owners. #abaclc #
  • MT @FlemingMF: Despite 40 years of expanding IP statutory regime, still cnt enforce it. Could the expansion B its own worst enemy? #abaclc #
  • sharon sandeen starting presentation on #sopa #pipa #aia #abaclc #
  • fascinating observation by david satola on linkage of human rights law (pertaining to the internet) and biz law issues. #abaclc #
  • council of europe has suggested that traffic mgmt procedures could constitute a human rights violation. #abaclc #
  • very interesting – suggestion that un would consider #sopa like legislation to violate human rights. #abaclc #
  • henry judy presenting on internet governance & human rights law. #abaclc #
  • RT @CathyGellis: @FlemingMF DOJ and State Department are clearly not on the same page… #ABACLC #MEGAUPLOAD #SOPA #PIPA #WTF #
  • MT @FlemingMF: Internet Governance: US State Dept supports human-rights based system. Others R more concerned abt monitoring usage. #abaclc #
  • all tm owners should keep a close eye on the gtld trademarks clearinghouse process – will be important to protect brand rights #
  • other options for rights protection – e.g. trademark clearinghouse (v. important) and a bunch of other resolution policies #
  • whoa. fees to object to application will be at least $10K. Definitely not like UDRP. #
  • 4 grounds to challenge gtld application: string confusion, legal rights, ltd public interest or community (e.g. .eco, .gay ) #
  • after public consultations, there will be a formal objection period #
  • interesting – http://t.co/7EMFxWur #
  • 4-6 weeks to prepare applications for gtlds. if of interest, you better get started asap! #abaclc #
  • already 25 applicants for new gtlds. $4.6 million. #abaclc #
  • at aba cyberspace law cttee winter meeting. erik pelton going through new gtld process. #abaclc #
  • ontario court of appeal recognizes civil action for invasion of privacy. calls it "intrusion upon seclusion". http://t.co/uNqe7uVr #
  • went to wikipedia to see sopa lockout page. looked normal – could still access. turned on scripts, voila. #lockoutfail #
  • an 8 year old's perspective on software development. http://t.co/qgalvArb #

tweet digest for week ended 2012-01-22

  • e.g. some providers say account ends & data deleted on death. some state laws say executors have right to access & continue. #abaclc #
  • does probate law, will or power of attorney trump terms of service? #abaclc #
  • so, what happens to your digital property if you don't plan ahead and kick the bucket? terms of service become relevant. #abaclc #
  • create a list of passwords and digital property – store securely & give access to fiduciaries. #abaclc #
  • planning ahead to deal wtih digital property wil save a lot of time and money. #abaclc #
  • next presentation sounds interesting – what happens to you digital estate (passwords, logins, auth devices) when you die? #abaclc #
  • RT @tedclaypoole: Karl's secret weapon: Pre-litigation DMCA subpoena. #abaclc need affidavit in support. #
  • subpoena anonymizer services. #abaclc #
  • other techniques: focus on websites where target doesn't obscure identity. #abaclc #
  • yet more tools: web bugs, dummy websites. #abaclc #
  • other tools: historial whois, reverse IP analysis, dns analysis. #abaclc #
  • tools to find wrongdoers: domaintools.com, arin.net & other registries, google, archive.org. #abaclc #
  • karl kronenberger presenting on anonymous bad actors on the internet and how to get them. #abaclc #
  • RT @l_mermelstein: Hidden sending of location data as product defect- creative legal tactic. #abaclc #
  • claypoole & balough presenting on mobile apps & geotracking. #abaclc #
  • new era where upstream service providers will be regularly targeted. #
  • RT @FlemingMF: Goldman: USA is not immune from regulators using nuclear option: e.g., ICE seizure of domain names. #abaclc #
  • 1 – the year the regulators broke the internet. work up the chain to a wrongdoer's service providers. #abaclc #
  • interesting point given recent decision in ontario two days ago recognizing tort of invasion of privacy & awarding damages. #abclc #
  • 2 – inability of plaintiff privacy lawyers to successfully sue for privacy breaches. failures based on standing, damages. #abaclc #
  • 3 – gtld rollout. goldman thinks it's a bad thing – incur costs and no wins (other than icann or providers). sorry, don't agree. #abaclc #
  • obvious problems – patient-physician relationship s/b based on trust; public policy issues. #abaclc #
  • 4 – medical justice – suppress negative reviews – gave doctors ownership of copyright to negative reviews from their patients . #abaclc #
  • 5 – righthaven fiasco – copyright troll. lost on standing, fair use. bad litigators. hit with costs. #abaclc #
  • top 5 developments per goldman. #abaclc #
  • another trend – ownership of social media accounts – goldman thinks litigation makes zero sense (and he's probably right). #abaclc #
  • increasingly, judges permitting handing over facebook login and password for discovery. disturbing trend. #abaclc #
  • #ftc #doj increasingly focused on silicon valley. #abaclc #
  • RT @jottaviani: #abaclc link 2the In re Rolondo S case mentioned by @ericgoldman http://t.co/GAJvUNzu #
  • RT @FlemingMF: Goldman: "Teenage boys should not be trusted with the Internet." #abaclc #
  • felony identity theft conviction for fraping. #abaclc #
  • RT @tedclaypoole: @ericgoldman pissedconsumer case – court wont allow TM attack to work around section 230 protection. #abaclc #
  • eric goldman starting an overview of developments in 2011. #abaclc #
  • kate andresen now presenting on HITECH Act. #abaclc #
  • may also address right to be forgotten (primarily civil law concept). #abaclc #
  • fines of up to 5% of global revenue. holy smokes. #abaclc #
  • multinationals would be regulated by a single national regulator. #abaclc #
  • possible changes include more consistency – regulation will be the same text throughout eu (not the case with the directive). #abaclc #
  • eu rewriting privacy regulation to replace existing directive. #abaclc #
  • most us ad networks not really doing that much right now – will likely mandate their clients to comply. #abaclc #
  • in france – no transition period. highlights another problem – jurisdictional differences in implementation/enforcement. #abaclc #
  • ico (uk regulator which enforces regulation) website stats show an 80% drop in tracked visits when implementing cookie regulation. #abaclc #
  • chris jeffery now presenting on new eu cookie regulation (which imho is a total nightmare). #abaclc #
  • MT @InformaticsLaw: Sharon Sandeen highlights that old patent laws ignored non-US prior art as embarrassment. How tru! #abaclc #patent #ip #
  • @TechnicalGal i'd be surprised if brought to bear that an order would be issued under fema. but maybe i'm a just cynic. in reply to TechnicalGal #
  • the problem with #sopa makes ancillaries (ISPs, search engines, payment service providers, etc.) the enforcers for ip owners. #abaclc #
  • MT @FlemingMF: Despite 40 years of expanding IP statutory regime, still cnt enforce it. Could the expansion B its own worst enemy? #abaclc #
  • sharon sandeen starting presentation on #sopa #pipa #aia #abaclc #
  • fascinating observation by david satola on linkage of human rights law (pertaining to the internet) and biz law issues. #abaclc #
  • council of europe has suggested that traffic mgmt procedures could constitute a human rights violation. #abaclc #
  • very interesting – suggestion that un would consider #sopa like legislation to violate human rights. #abaclc #
  • henry judy presenting on internet governance & human rights law. #abaclc #
  • RT @CathyGellis: @FlemingMF DOJ and State Department are clearly not on the same page… #ABACLC #MEGAUPLOAD #SOPA #PIPA #WTF #
  • MT @FlemingMF: Internet Governance: US State Dept supports human-rights based system. Others R more concerned abt monitoring usage. #abaclc #
  • all tm owners should keep a close eye on the gtld trademarks clearinghouse process – will be important to protect brand rights #
  • other options for rights protection – e.g. trademark clearinghouse (v. important) and a bunch of other resolution policies #
  • whoa. fees to object to application will be at least $10K. Definitely not like UDRP. #
  • 4 grounds to challenge gtld application: string confusion, legal rights, ltd public interest or community (e.g. .eco, .gay ) #
  • after public consultations, there will be a formal objection period #
  • interesting – http://t.co/7EMFxWur #
  • 4-6 weeks to prepare applications for gtlds. if of interest, you better get started asap! #abaclc #
  • already 25 applicants for new gtlds. $4.6 million. #abaclc #
  • at aba cyberspace law cttee winter meeting. erik pelton going through new gtld process. #abaclc #
  • ontario court of appeal recognizes civil action for invasion of privacy. calls it "intrusion upon seclusion". http://t.co/uNqe7uVr #
  • went to wikipedia to see sopa lockout page. looked normal – could still access. turned on scripts, voila. #lockoutfail #
  • an 8 year old's perspective on software development. http://t.co/qgalvArb #