How Should International Purposeful Availment Grow with the Internet?

Courts have used internet activity to find personal jurisdiction in the United States.  Many of these cases have relied on either the Zippo test from Zippo Manufacturing Co. v. Zippo Dot Com, Inc or the Calder test from Calder v. Jones.  The Zippo test applies a sliding scale where a court looks at the interactivity versus passivity of a website to find purposeful availment and is considered to be the main standard in internet jurisdiction Continue Reading →

Sea Change: the Legal Implications of Climate Change for Island States

Earlier this month, the intergovernmental 44th Pacific Islands Forum convened in the Marshall Islands to discuss the affairs of 16 sovereign states in the Pacific Ocean. Members of the Forum include Australia, the Federated States of Micronesia, Fiji and Samoa. Discussions at the Pacific Islands Forum covered a wide variety of economic, political and strategic topics, but the major focal point of the Forum concerned climate change. The topic of climate change is one that Continue Reading →

English Premier League Loses Match in European Court

This week, the European Court of Justice (ECJ) handed down a hotly anticipated ruling in Football Association Premier League v. Murphy, et al. The case pitted the English Premier League (EPL), the highest tier of club soccer competition in England, against, among others, Karen Murphy, a Portsmouth-area pub owner. Why would a billion-dollar sports juggernaut be bothered to take a small-time Portsmouth publican to court? As it turns out, a simple piece of satellite technology Continue Reading →

A Global Convention on Cybercrime?

Cybercrime has been much in the news lately, from phishing, to botnets, ATM hacking, stock price manipulation and hacking cars, to mention but a few of the many forms online crime can take. Though it is difficult to quantify just how much cybercrime is going on, one FBI source put the annual losses to businesses in the United States alone at $67 billion in 2005. In all likelihood, this figure has grown since. Mirroring the international openness Continue Reading →

U.S. Senate Subcommittee Examines American Companies’ Compliance With Censorship Abroad

Ever since Google’s recent announcement that it would no longer comply with China’s requirements for censored search results, U.S. companies doing business in China have come under increased scrutiny from human rights groups and American lawmakers, the New York Times reports. This scrutiny is directed at the companies’ compliance with internet censorship demands from the Chinese and other governments. Among the companies targeted for criticism are Google, Amazon, McAfee, Yahoo, eBay, Microsoft, Apple and Verizon. Continue Reading →

French Security Bill To Authorize Internet Filtering

On February 16, 2010, the Assemblée Nationale, the lower house of the French legislature, approved the draft  Loi d’Orientation et de Programmation pour la Sécurité Intérieure (Law on the Orientation and Programming for Internal Security, or “LOPPSI”[1]). After the DADVSI law of 2007, which criminalized Digital Rights Management (DRM) circumvention, and the controversial HADOPI law of 2009, which sought to enact a “three strikes” disconnection policy against online copyright infringers, the latest bill has been Continue Reading →

Could the WTO bring down the Great Firewall of China?

Google’s recent announcement that it is no longer willing to censor content on its China-based search engine, google.cn, has once again highlighted the difficulties U.S.-based online service providers face in the Chinese market. The reason given by Google for the move was a “highly sophisticated and targeted attack on [its] corporate infrastructure originating from China,” which was apparently aimed at accessing the gmail accounts of Chinese human rights activists. Though this has little to do Continue Reading →

STLR Link Roundup – January 15, 2010

Here’s the latest on the STLR radar: Twitter is a source of evidence for a murder charge, reports the New York Daily News.  But could those tweets be copyrighted?  Law.com’s Law Technology News weighs in. The Electronic Frontier Foundation provides a good, link-heavy analysis of the unanswered questions surrounding Google’s decision to stop censoring their Chinese services. For some reason, Psystar keeps fighting Apple, posts Gizmodo. Custom and Border Protection’s laptop searches may have gone Continue Reading →

STLR Link Roundup – January 8, 2010

Here’s the latest on the STLR radar: Chief U.S. District Judge Vaughn Walker in San Francisco decided to allow showing the trial challenging California’s Proposition 8 on YouTube, reports the San Francisco Chronicle.  The Wall Street Journal Law Blog questions whether that’s a good thing. Patent Librarian notes that Wikipedia citations in patent applications are up 59%, but Patently-O puts that increase in perspective. A report commissioned by the French government recommends taxing Google on Continue Reading →

STLR Link Roundup – December 4, 2009

The latest on the STLR radar: Patent Docs reviews Senator Patrick Leahy’s proposals for patent reform. Third Circuit gives “Spam filter ate my filing notice” excuse a second chance, from the Technology & Marketing Blog. EFF sues to find out how the government spies on us using social networks; Indiana University students makes a Freedom of Information request to find out much the big telcos charge the government to spy on their networks, says Wired. Continue Reading →