Supreme Court Paves Way for Internet Sales Tax Collection

(June 21, 2018) Ecommerce merchants may need to pay sales tax for applicable products sent into states in which they have no presence after the U. S. Supreme Court reversed its long-standing precedent that linked tax payments to a merchant’s physical presence.

In the past, the general rule was that, if an online retailer did not have a physical presence in the state, it did not need to collect a sales tax but rather left it to the buyer to pay ...

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Does Internet Discrimination Occur If a User Doesn’t Click “I Agree”?

(June 7, 2018) On the internet, does discrimination happen when a user encounters discriminatory language in the terms of service and does not click to agree to the terms, or does it happen only after the user agrees to the discriminatory policies and is injured by the website’s policy?

The Ninth Circuit, when confronted with the question, in effect, answered, “Ask the California Supreme Court.” The federal appellate court certified the issue to the California Supreme Court for resolution, noting, ...

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Trump Cannot Block His Critics from Accessing His Twitter Account

(May 23, 2018) Because Donald Trump presents his account as a “Presidential account” and uses it to take actions that can  be made only by a President, his Twitter account is a public forum and he cannot block persons who criticize him and his policies from viewing the account, a federal judge found.

However, the judge declined to grant an injunction requiring the President to unblock the accounts because, she reasoned, “no government official is above the law and because ...

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Cloud Usage Up to 97 Percent But Data Theft Still An Issue

(May 16, 2018) The use of cloud services is nearly ubiquitous with 97 percent of worldwide IT professionals surveyed using some type of cloud functions in their organization, a new survey issued by McAfee reports.

“Heading directly for the cloud is still the strategy for the majority of organizations worldwide,” the report finds.

However, one-in-four of the professionals surveyed have experienced data theft from the public cloud both for Software-as-a-Service and Infrastructure-as-a-Service, and one-in-five surveyed have experienced an advanced attack against their ...

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Balough Serves on National Internet of Things Institute Panel

(May 14, 2018) For the second time in its three-year history, the National Institute of the Internet of Things (IoT) welcomed Richard C. Balough as a panelist.

The annual two-day institute in Washington, D.C. is sponsored by the American Bar Association’s Section of Science & Technology Law.

Mr. Balough participated in a panel discussion of evolving business and legal issues in artificial intelligence, big data, and the IoT. Also participating on the panel were Lisa R. Lifshiz of Torkin Manes LLP, Theodore ...

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News Media Looks to Balough Law Offices for Opinions

(March 17, 2018) The news media has reached out to Balough Law Offices for comments regarding three recent developments in the law.

Cheryl Dancey Balough was interviewed by the Cook County Record regarding whether embedded content in social media violate copyright law. For our story on the case, click here.

Richard C. Balough was interviewed by two reporters for Bloomberg News. The first interview concerned the potential legal issues from the Uber self-driving car fatality. He also was interviewed regarding ...

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Website’s Procedures Sufficient for DMCA Safe Harbor Protection

(March 16. 2018) A website that allows anyone to post videos and images, includes in its terms of use a prohibition against posting copyrighted material, and upon notice promptly takes down infringing materials is protected from copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”).

Ventura Content, Ltd., which creates and distributes pornographic movies, found 33 clips of its materials on Motherless, Inc.’s website. Ventura did not send a take-down notice to Motherless but instead filed a copyright infringement action. ...

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Cybercriminal Malware Targets High Value Cryptocurrency

(March 15, 2018) Cybercriminals are following the money and it is leading them to cryptocurrency.

In the March 2018 McAfee Labs Threats Report, the company found “one of the biggest developments in cybercrime is an increasing emphasis on cryptocurrency hijacking, which coincided with the increased market interest in digital currencies.”

The criminal interest in cryptocurrency coincided with the spiking value of Bitcoin, which “prompted many actors to extend their activities into the hijacking of Bitcoin and Monero wallets,” the report found. ...

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Embedded Links Are Copyright Infringement, Court Finds

(February 20, 2018) The widespread practice of embedding links to images and videos on other sites is copyright infringement, according to a New York U.S. district court.

The court rejected the Ninth and Seventh Circuit’s use of the “server test,” which states there is no copyright infringement as long as the original image remains on the original server.

“The plain language of the Copyright Act, the legislative history undergirding its enactment, and subsequent Supreme Court jurisprudence provide no basis for a ...

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Notre Dame Class Discussion Focuses on Libel Law in the Trump Era

(February 14, 2018) Richard C. Balough discussed libel and privacy law in the Trump era as part of a journalism class at the University of Notre Dame.

Mr. Balough explored President Trump’s statement that “our current libel laws are a sham and a disgrace and do not represent American values or American fairness” in light of the history of the development of libel laws in the United States.

Concerning privacy, Mr. Balough noted that today’s instant messaging, tweeting, and the pervasive ...

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