The European Union (EU) has classified Internet “cookies” and other systems that monitor online activities of individuals to be within the scope of the EU’s Data Protection Act, to the extent that those systems process personally identifiable information.  This means that cookies capturing information which can be associated with specific people must be managed in a [...]

A fierce battle is underway for control of the booming electronic book market.  Amazon, Apple, and the traditional book publishers are struggling to establish pricing and revenue-sharing structures that advance their competitive interests. The U.S. Department of Justice recently charged Apple and five of the largest book publishers with antitrust law violations, alleging that the group [...]

Today, open source software is widely used, and it is easy to forget that there was a time, not so very long ago, when the open source concept was viewed to be radical and a serious threat to the commercial computer software industry , which was based on a closed, proprietary licensing model. The commercial software industry developed [...]

Efforts to combat terrorism continue to pose difficult challenges for the United States government.  Technological advances make it possible for law enforcement and national security authorities to collect, store, and analyze an enormous and ever-growing set of information about individuals who may pose a threat to the nation. Although those enhanced technological capabilities make it theoretically [...]

The dramatic growth of electronic commerce sometimes makes us feel that continued e-commerce expansion is inevitable.  The e-commerce system today seems to be robust enough for us to consider it virtually invincible. In reality however, electronic commerce is not invincible. It is vulnerable, and one of its key vulnerabilities is the electronic payment processing structure which is at its [...]

Until recently, digital versions of the Harry Potter books were not available.  That all changed a few weeks ago, when author J.K. Rowling began selling the digital editions of her entire catalog through her own web site, http://shop.pottermore.com. The digital book strategy adopted by Rowling illustrates how electronic publishing can empower authors and other creators of original [...]

Governments around the world are moving aggressively in response to the opportunities and challenges presented by the Internet.  They continue to search for ways to control Internet content and use. In general, governments are uncomfortable with the extent to which computing and communications technologies make information readily accessible to the public.  They are always looking for ways [...]

The digital media content landscape is continuously evolving.  Changes in technology create new opportunities and challenges for musicians, artists, and other content creators daily. A promising new opportunity designed to help musicians is now provided by the Coalition for Artists and Stakeholders (CASH). CASH offers a set of digital tools that empower musicians to take control over [...]

Although significant attention is now directed toward the problem of computer crime, cybercrime, resources available to address the threat remain severely limited.  As law enforcement authorities around the world struggle to find the necessary support, both financial and human, to combat the problem effectively, the criminals involved continue to innovate. Cybercriminals are highly creative, and they [...]

In a very interesting presentation at the TED Conference, Rob Reid offers a critique of the statistics which are often used to justify aggressive copyright law measures employed against piracy (“ The Numbers Behind the Copyright Math ”).  Through use of publicly available data, Reid challenges the validity of the argument that theft of copyrighted material results in [...]

They are like rites of passage for the different technology sectors.  Major patent infringement lawsuits provide an indication that a particular set of technologies is maturing and becoming worthy of substantial commercial attention. Only when enough money and economic impact become associated with a cluster of technologies do the parties involved bring out the big competitive weapons [...]

The Internet provides substantial opportunities for individuals and small organizations to have a global presence.  Generally, that enormous reach and exposure is a good thing.  At times however, it can lead to headaches.  On a daily basis, we see examples of individuals and small organizations encountering legal problems as a result of their online content and [...]

Public opinion polls suggest that citizens hold little confidence in, or respect for, the American legislative process, as it operates today.  Unduly influenced by money, and operating in an excessively partisan and often irrational manner, the overall integrity and effectiveness of that process are widely questioned. In response to growing concern about lawmakers who are out [...]

Prosecution of photographer, Park Jung-geun, by the South Korean government illustrates the challenges that social media, such as Twitter, pose for governments around the world. The South Korean government charged Mr. Park for alleged violations of the National Security Law, which prohibits all actions that benefit any enemy of South Korea, particularly North Korea. The National Security [...]

President Obama recently announced his intention to work with Congress to implement new legislation establishing a Consumer Privacy Bill of Rights. Dramatically expanded use of information and communications technologies has highlighted many controversial privacy issues. Clear and concise legislation defining and protecting consumer privacy in the digital age is long overdue. The President’s proposed Consumer Privacy [...]

What are the practical limits of secrecy in the digital age? Some of those limits are starkly illustrated by a recent initiative undertaken by the American Civil Liberties Union. The ACLU submitted a Freedom of Information Act request to the United States Department of State which was designed to test the boundaries of federal government claims [...]

Recently, Google announced noteworthy modifications to its information privacy policies. One of the key changes being implemented is Google’s plan to combine essentially all of the information it collects from individuals through all of its service offerings (the Google search engine, YouTube, Gmail, and the Google+ social network, etc.). The Google decision reflects a now common approach [...]

The war between electronic commerce retailers and their bricks and mortar counterparts consists of many different battles.  One of the most recent battles was initiated by online retailer, Amazon. This and other conflicts illustrate the opportunities and the challenges for commercial competition offered by e-commerce systems. Amazon’s new mobile application, “Price Check,” offers a useful and valuable [...]

In a world full of web sites, blogs, and tweets, Joe Gordon’s experience is a sobering one. Recently convicted by a court in Thailand for violating that nation’s prohibition against defamation of its royal family Mr. Gordon, an American citizen, now faces two and a half years in a Thai prison.  According to the court, Mr. Gordon’s [...]

Commercial companies, governments, and the full range of organizations around the globe rely on external parties to provide information technology (IT) services for them.  Individual employees routinely turn to software and IT systems developed, hosted, and distributed by other organizations, including Westlaw, Dropbox, and Google, available either for a fee or for free.  Many mission critical [...]