Cyber Report 02314

2/3/2014
Outlook Print Message
Cyber Report: Privacy and Big Data on Early To-Do Lists

From: Bennet (bennet@bennetkelley.com) Sent: Mon 2/03/14 9:21 AM To: internetlawcenter@gmail.com
February 3, 2014 Four Chaplains Day
TOP STORY Changes in Law, Technology Mean its Time for A CheckUp
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Last fall, California Governor Brown signed the Do Not Track disclosure bill and the Privacy Rights for Minors in a Digital World Act, along with a bill amending the state data breach law. If you sell on the web in California, these apply to you. The Privacy Rights for Minors in a Digital World Act does not go into effect until 2015, but the Do Not Track provisions went into effect January 1 and require that websites disclose how they respond to Web browser do not track requests and other parties collect personally identifiable information about a user over time and across different websites. The amendments to the state data breach law change the notification requirements to expand expand the scope of personal information" to include a user name or email address acquired in combination with a password or security question and answer that permits access to an online account. You should check over your privacy and other policies to see if they are up to date. While the Denver Broncos may have won a trip to the Super Bowl on Sunday, they are also one of three NFL teams to win a consent decree with the Federal Trade Commission since their policies were outdated and falsely stated that they were compliant with the EU Safe Harbor. Don't let this happen to you (the FTC, not the Super Bowl part). In addition, with the increasing importance of social media and increase in BYOD work environments, you should ensure that your policies and procedures reflect your current activities. We did a short PowerPoint on what are some things to think about in doing your yearly assessment.
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IN THIS ISSUE
Big Data Steps Into Spotlight White House Appoints Big Data Working Group FTC Lifeguard is Watching Big Data, Report Expected This Year New Jersey Consent Decree BBB Issues Enforcement Warning on Online Behavioral Advertising Principles DMA Releases Value of Data Study
NSA and Big Data Are Top Washington Stories

The NSA scandal is having a major impact on tech businesses, especially those dealing in the cloud. The impact of the NSA scandal was evident in Ciscos latest earning report. Cisco, which had been projected to report 6 percent
FTC Watch 2014 Priorities Enforcement Update Battle Over Cyber Security
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growth in emerging markets, instead reported a 12 percent loss with major drop offs in overseas markets.
Target and Data Security Debate of Disclosure Requirements Implementing Data Breach Plan 2013 Worst Passwords 2014 Threats
Technology industry analyst Rob Enderle claims that the National Security Agency will kill the U.S. technology industry single-handedly as these companies may be just dealing with the difficulty in meeting our numbers through the end of the decade. (Read More) This may continue as the general reaction to the President's speech in which he adopted some of the reforms proposed by his special commission has been tepid. For example, the Computer & Communications Industry Association said, The president's speech
Washington Watch Net Neutrality Tech Lobbying Crowdfunding Regs Waxman Retiring
was empathetic, balanced and thoughtful, but insufficient to meet the real needs of our globally connected world and a free Internet. (Read More)
Sacramento Watch
Privacy Compliance AG Sues Kaiser Cal Privacy Day
Patent Trolls Feeling the Heat State AGs Congress FTC Supreme Court Reputation
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Yelp Litigation Crystal Cox Appeal Courtney Love Wins Unwelcome Internet
In The Courts
BIG DATA Steps into the Spotlight

In 2014 we will create 72 times more data than we had throughout all human history up to 2010.
Amazon Tax Overstock $6MM Hit Self Inflicted Wounds
Ted's Tubes Click Fraud TRUSTe Study Broadband Speed LA a Gig City? Top Domain Auctions Dynamic Dolphins Demise Canada Flexing Muscles on Google, Spam and ICANN Canadian Government Spied on WiFi
White House Big Data Work Group
President Obama has tasked John Podesta, President Clinton's former Chief of Staff, to lead a working group to conduct a 90day review of Big Data which may be a launching point for privacy legislation or regulation.
International
We are undergoing a revolution in the way that information about our purchases, our conversations, our social networks, our movements, and even our physical identities are collected, stored, analyzed and used. The immense volume, diversity and potential value of data will have profound implications for
See Blog for Details
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privacy, the economy, and public policy. The working group will consider all those issues, and specifically how the present and future state of these technologies might motivate changes in our policies across a range of sectors. (Read More)
ABOUT US
FTC Watching Big Data
In a summer 2013 address to the Aspen Institute, FTC Chair Edith Ramirez stated:
Addressing the privacy challenges of big data is first and foremost the responsibility of those collecting and using consumer information. The time has >come for businesses to move their data collection and use practices out of the shadows and into the sunlight . . . With big data, the FTC's job is to get out of the way of innovation while making sure that consumer privacy is respected.
The InternetLawCenter is a law firm dedicated to helping businesses navigate the evolving legal standards for today's digital economy.
Today the firm serves a diverse client base that includes startups and public companies both online and offline across four continents on issues ranging from online marketing, ecommerce, privacy, domain names to cyber harassment, as well as entertainment, general transactional and litigation matters.
The FTC will be releasing a report on data brokers later this year.
BBB/DMA Issue Warning on Compliance with Online Behavioral Advertising Principles The BBB which monitors compliance with the Online Behavioral Advertising Principles, is warning the industry that they need to do a better job in terms of disclosing not just their own behavioral targeting practices but of that of third parties that collect information on the site. (Read More)
The firm was founded by Bennet Kelley, the past cochair of the California Bar Cyberspace Committee and host of Cyber Law and Business Report.
Cyber Report is for information purposes only and is not meant to express any legal opinion or advice nor is it an advertisement for any legal services (not even if read backwards). The occasionally snarky views expressed herein do not necessarily reflect the views of the firm nor any ILC client.
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DMA Releases Value of Data Study
The Data-Driven Marketing Institute (DDMI), an initiative of the Direct Marketing Association (DMA), released a ground-breaking study quantifying the value of the Data-Driven Marketing Economy (DDME).
RECENT CLBRs and PRESENTATIONS
Key findings include:

Online Advertising 2014
The DDME added $156 billion in revenue to the U.S. economy and fueled more than 675,000 jobs in 2012. In California alone, the DDME fueled more than 90,000 jobs and provided more than $21 billion in revenue to the states economy in 2012.
Beverly Hills Bar Association
Presentation on Internet Law at Cal Bar IP Institute
(Read More)
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TARGET DATA BREACH Renewed Debate Over Disclosure Requirements
Target Data Breach Triggers Debate About Disclosure Requirements; SEC Steps Up Emphasis on Cyber Security While Target disclosed the potential consequences of a theoretical data breach in their past filings, they will not be filing an SEC report on the actual ramifications of their massive data breach until March. Senate Commerce Committee Chairman Jay Rockefeller (DWV) was "puzzled" by this decision given that the breach involves 110 million records and believes Target's position is inconsistent with SEC disclosure rules.
UPCOMING SHOWS
This comes at a time when the SEC has said that Cyber Security would be a priority in 2014.
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Target Data Breach Highlights Importance of Cyber Security and Data Breach Planning Targets data breach highlights the danger that data breaches pose to businesses, especially small businesses since a large percentage of small businesses close within six months of an announced data breach. If have not done a recent security review or do not have a data breach plan, you should contact your lawyer and security consultant. Fortysix states have data breach laws, in fact California just updated theirs effective January 1 to expand the class of information covered. THIS WED AT 10AM PACIFIC TOM NORA, THE START UP CEO
If you are subject to the FTC's Red Flags Rules you are required to adopt an identity theft program. In addition, since Bring Your Own Device (BYOD) offices are listed as one of the major vulnerabilities of 2014, you may want to ensure you have a policy that addresses BYOD. Of course, if you prefer taking your chances, you want to try this handy fashion accessory.
When Tom Nora, the StartUp CEO, answered a question on Quora that "almost everything startup leaders say is either a guess, untrue or conjecture, hope or made up on the spot" he created quite a buzz in Silicon Beach. He'll share his insights from working with startups and others that make up the new Silicon Beach culture.
2013WorstPasswords
Top 20 of the most common passwords used: 15: 123456; password; 12345678; qwerty; abc123
610: 123456789; 111111; 1234567; iloveyou; adobe123
PAST SHOWS OF NOTE
1115: 123123; admin; 1234567890; letmein; photoshop

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1620: 1234; monkey; shadow; sunshine; 12345 Using passwords like these are inexcusable and an invitation to hackers and merit the fashion accessory above. If you want to check how secure your password, try a site like passwordmeter.com or howsecureismypassword.net. Is The Clock Ticking on the Essociates Affiliate Marketing Patent
(With Ben Davidson of Davidson Law Group)
2014 Threats
In terms of what to expect for 2014, ZDNets Charles McLellan does a great job summarizing what the major security firms are prediction for 2014 here. Some of the scariest predictions are below. Increased in Ransonware infections (i.e., infections designed to render a computer or its files unusable until the computer user pays the demanded amount of money to the attacker) More crimeware will destroy the operating systems (OSs) of targeted systems as a last step of an attack
A foreign power or organized cybercrime group will have breached a midsized or municipal utility for a long period The Internet of Things becomes the Internet of Vulnerabilities A major datadestruction attack will happen Attackers will increasingly lure executives and
YearEnd Special Edition
(With Ian Ballon Greenberg Traurig and Evan Brown TWIL)
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compromise organizations via professional social networks BYOD Represents the Weakest Link.
Making Los Angeles a Gig City; Giganomics and the State of the Gig Union
(With Steve Reneker City of Los Angeles, David Sandel Sandel & Associates)
FTC WATCH
2014 Priorities, Enforcement Update and the Battle over Cyber Security
When FTC Chair Ramirez tapped Jessica Rich to head the Consumer Protection Bureau, AdWee k noted that her appointment signals that the agency likely will be "aggressive in shaping privacy policy and bringing enforcement actions." Rich told Ad Week that her 2014 priorities include native advertising and mobile privacy and security.
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Recent FTC enforcement actions include (i) a $32.5 million ding to Apple for violating COPPA with its mobile apps; (ii) Operation Failed Resolution tagged several companies for making false weight loss claims; and (iii) a settlement with 12 businesses including 3 NFL teams (including Super Bowl bound Denver) for falsely claiming compliance with the E.U. Safe Harbor framework.
Finally, the legal battle over whether the FTC has the authority to regulate cyber security continues as the judge in the Wydham Hotels case appears near a decision. The judge, however, has asked the parties to brief recent statement before Congress by one of the Commissioners that may have inadvertently helped Wydham''s challenge.
(Read More)
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WASHINGTON WATCH Net Neutrality, Crowd Funding, Tech Lobbying and Farewell to a Tiny Giant
Court of Appeals Invalidates FCC Net Neutrality Regs
The D.C. Circuit Court of Appeals' decision reversing the Federal Communications Commission's Open Internet Order is more about how the rules were adopted than the substance of the rules.
In a nutshell, under President Bush, the FCC decided to classify broadband services as information services that were not subject to common carrier obligations under the Communications Act. The Open Internet Order punted on the question of whether broadband services should be reclassified and instead sought to justify the order based on the FCC's general authority. The DC Circuit rejected this approach.
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Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such.
Net neutrality advocates were disheartened but not surprised by the decision (myself included) and criticized former FCC Chairman Genochowski for not getting it right ("Net Neutrality lost this week not because of the strength of the FCC's arguments, but rather because of the weakness of their stomach"). One analyst expressed concern that:
This decision if it remains unchallenged raises the possibility that large internet service providers could charge certain companies extra for delivering their content to subscribers, and give preference to the content coming from those who are willing pay them a fee, or have cut some other kind of deal. In effect, the democratized nature of the internet would be replaced by a feudal system in which the ability to reach a consumer would be auctioned off to the highest bidder.
For a sampling of other views on this decision, click here.
Tech Industry Washington Spending Up 16 Percent with Google Leading the Pack
An industry that once viewed Washington with great skepticism is now investing beaucoup bucks in getting results. Google, which has been among the top 10 total spenders in Washington the past two years according to OpenSecret.org leads the way with $14.06 million in spending, but Apple and Facebook have major major adjustments increasing spending 71.7 and 61.2 percent respectively.
SEC Issues Crowdfunding Regs

When President Obama signed the JOBS Act into law on April 5, 2012, it included the Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2012 (CROWDFUND Act) which would permit companies to raise up to $1 million in equity via crowd-funding. The Act directed the Securities and Exchange Commission (SEC) to issue implementing regulations within 270 days of passage or December 31, 2012. In October 2013, the SEC released its 585-page proposed regs for a public comment period of 90https://bay176.mail.live.com/mail/PrintMessages.aspx?cpids=914c2552-8cf7-11e3-b69d-00237de3fe1e,m&isSafe=true&FolderID=00000000-0000-0000-0000-000000000001 14/27
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days, with drafting of the final rule to follow thereafter. Some speculate that the final rules will not be in place until late 2014. In July, the SEC lifted the ban on general solicitation of nonpublic offerings so long as all purchasers are accredited investors and the issuing company takes steps to verify this status. An accredited investor includes a natural person who earned income that exceeded $200,000 (or $300,000.
Henry Waxman: The Dean of the SoCal Congressional Delegation to Retire

Congressman Henry Waxman (D-CA) is one of six members of the House of Representatives whose service predates Jimmy Carter. Yesterday he announced he would be retiring after 20 terms in Congress. While he is primarily known for his work on the environment and health care, he was a very good friend to the entertainment community and I found him to be very responsive to the needs of the tech community. The 5 foot-5 inch Waxman was a giant when it came to using the subpoena power of Congress for oversight and this iconic photo of big tobacco swearing under oath en masse that nicotine was not addictive was one of those hearings. Waxman's announcement comes after similar announcements by two other California representatives - George Miller (20 terms) and Buck McKeon (11 terms) raising concerns that California's clout in Washington is on the decline.
SACRAMENTO WATCH
AG, Legislature Move Forward on Privacy and Data Security

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Attorney General Harris Preparing Compliance Guidance Statement for New Privacy Laws Last fall California passed two amendments to its privacy laws one concerning how a website treats Do Not Track Requests and the other providing a "right to be forgotten" to minors. See Browns Signs 1 Data Breach and 2 Privacy Bills Into Law, along with an update expanding the reach of the state's data breach disclosure bill. The laws go into effect on January 1, 2014 except for the "right to be forgotten" legislation which goes into effect in 2015.
Privacy is a priority issue for California Attorney General Kamala Harris, who created a special privacy enforcement unit in 2012. Harris is preparing a compliance guide which is expected to be released shortly. Attorney General Harris Sues Kaiser For Delayed Data Breach California's data breach law requires that disclosure to the consumer be made "in the most expedient time possible". Although the law does not define "most expedient time possible and without unreasonable delay, Californias Office of Privacy Protection recommends that notice be provided within ten (10) business days of an organizations determination that personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Kaiser Health learned in September 2011 that an external hard drive with personal information had been inadvertently released to the public, it retrieved the hard drive in December 2011, inventoried it through February 2012 and provided notice in March 2012. The Attorney General has filed suit alleging that should have begun providing notice on a rolling basis while it was still completing its analysis of the hard drive rather than waiting several months to complete. Kaiser faces a civil penalty of up to $2,500 per record or $51.3 million. (Read More)
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California Senate Seeks to Reverse Apple Credit Card Privacy Decision Last February, in Apple Inc. v. Superior Court, 56 Cal. 4th 128 (2013), the California Supreme Court interpreted the privacy provisions of the Song Beverly Credit Card Act as not applying to online transactions for downloadable products. Last week, the California Senate passed a bill (SB 383) to reverse this holding and provide that an online merchant may only require address, zip code or other personal information in connection with a credit card transaction for a downloadable product to the extent needed for fraud prevention and then it may only hold such information for as long as it is needed for this purpose and may not use it for marketing.
Yelp, Crystal Cox, Love, Revenge and an Unwelcome Internet
Virginia Court Orders Revealing Yelp Reviewers

A Virginia appeals court ordered Yelp to reveal the identity of a reviewer of an Alexandria carpet cleaner where the business presented evidence to cast doubt that the reviewer was ever a customer. Yelp plans to appeal to the Supreme Court. The case came down just as a contractor's claim for $750,000 for a 1star Yelp rating went to trial in Fairfax County, Virgina. (Read More))
Ninth Circuit Cox Ruling, Gives Blogger a Pass on Defamation By Dissing It

In Obsidian Finance Group v Cox, blogger Crystal Cox appealed a defamation verdict against her after accusing the plaintiff of engaging in illegal activity, including corruption, fraud, deceit on the government, money laundering, defamation, harassment, tax crimes, fraud against the
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government, having paid off media and politicians and hiring a hit man to kill the defendant. In what has been hailed as a victory for bloggers, the Ninth Circuit reversed noting that the blogs extreme language and wild accusations immunize it from liability since it dispel[s] any reasonable expectation that the statements assert facts. The Berkman Center, however, does not see this as a victory for bloggers.
Revenge P*** Busts: Hunter Moore/IsAnyoneUp and Kevin Bollaert/YouGotPosted Indicted

(Read More)
Courtney Love Wins Twitter Defamation Case

Courtney Love was sued by her former lawyer over a tweet in which she said she was [bleeping] devestated [sic] that [her laywer] was bought off @FairNewsSpears. Love had tried to make the legal argument that Twitter was in essence defamatory proof since the statements made there were inherently opinion but this was rejected by the judge. The jury was asked to decide the factual issue of whether Love knew the message was false or doubted the truth of it and the jury answered no making Love the girl with the most cake.
Amanda Hesss Important Why Women Arent Welcome on the Internet

Writing for Pacific Standard, Amanda Hess cites research that feminine usernames incurred an average of 100 sexually explicit or threatening messages a day. Masculine names received 3.7. Hess details hers and other prominent womens death threats via the internet and how they rarely are taking seriously. Her stalker has been with threatening her for four years even with a protective order. University of Maryland Law Professor Danielle Citron has argued that the lack of serious attention to cyber harassment is a form of gender discrimination. (Read More)
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IN THE COURTS
Amazon Punt, Overstock Dinged and the Law of SelfInflicted Wounds
SupremeCourtKicksAmazonTaxOvertoCongress The U.S. Supreme Court has denied the petition of Amazon.com and Overstock.com to review the New York high courts decision to uphold its Amazontax statute. The statute, the first of many in the nation, defined an instate retailer for purposes of collecting sales tax to include a retailer who paid over $10,000 to instate affiliates during the previous four quarters. Amazon and Overstock argued that the decision went beyond the brightline test established by the Supreme Court in Quill Corp. v. North Dakota, when it stated that under the Due Process and Commerce Clauses of the Constitution, a state can only require retailers with an instate presence to collect taxes. In denying the petition, the Supreme Court may be deferring to Congress authority to regulate interstate commerce particularly since it is currently considering legislation to address this issue. The Senate passed the Marketplace Fairness Act. The bill passed the Senate 6927 in May, but has received a chilly reception in the House of Representatives where conservative Republican opposition to the bill is growing. This is an issue that may resolve itself without court intervention and the court has historically been reluctant to intervene in an issue prematurely. Should Congress fail to act, there is no doubt it will receive petitions to review other state Amazon laws and it will have the opportunity to intervene then should it do so. (Read More) Overstock Hit With $6.42 Million Fine From California Court Over Boosted Comparison
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Pricing Overstock was hit with a $6.42 million fine for overstating the differences in comparing prices with its competitors in violation of Californias unfair competition and false advertising laws. The suit, which goes back to 2010 was brought by the District Attorneys of six Northern Californian counties and who had to force Overstock to turn over crucial documents. The district attorneys cite one example in which Overstock listed a patio set at $449.99 claiming a savings of over $500 off list price when the item was actually available at $247.00 a markup of 82% rather than a 55% savings. The court chided Overstock for its obstructionist tactics and found that they had
consistently overstated the list price.
(Read More)
Facebook Rant Barred Terminated Employee From Recovering UI Benefits A hospital employee who was terminated as a result of a threatening rant in which she referred to her boss as an effed up spawn of satan that she wishes she could pound . . to unconsciousness was found to be not entitled to Unemployment Insurance since the rant violated company policy against threatening, intimidating, coercing, harassing, [and] using abusive language or behavior. Kleargear.coms Amazing SelfInflicted Wound In 2008, Jen Palmer ordered gifts online from KlearGear only to have the order cancelled when she called customer service. When Palmer posted a negative review online, KlearGer invoked a nondisparagement clause with a penalty of $3,500 from it terms and conditions and reported Palmer to credit reporting agencies when she did not pay the penalty. One minor detail they overlooked the term was not in place when Palmer made this order. Palmer has since sued the site for $75,000, Kleargears overreach has become a lesson in how to ruin your online reputation in the age of social media. As reported by Popehat: From this point forward, due to nothing but its own arrogance, vanity, pettiness and manifest corporate stupidity, KlearGear is synonymous with
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douchebaggery. (Read More)
PATENT TROLLS FEELING THE HEAT: Washington and State AGs On the Attack
Wikipedia defines a patent troll as a person or company "who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacturer products or supply services based upon the patents in question." The posterchild for patent trolldom is an entity known as MPHJ Technology Investments, which has sent thousands of demand letters to small businesses seeking $1,000 per employee for their claimed patent on the process for scanning documents into an email. Addressing the problem of patent trolls has been a priority for the tech community and a number of recent developments are making patent trolls a potentially endangered species.
AGs on the Attack State Attorney Generals in Minnesota, Nebraska, New York and Vermont have gone after patent trolls and, in some cases, even succeeded in getting consent decrees in which they agree not to troll in their state going forward.
Patent Reform Passes the House In Congress, the House passed patent reform legislation that would rein in patent trolls and require that judges award attorneys fees to their victims. The bill is now before the Senate and passage is likely.
The FTC Targets MPHJ

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The FTC launched an investigation into MPHJ. Fearing an action by the FTC, MPHJ took the unusual step of suing the FTC, Commissioners Ramirez, Brill and Ohlhausen as well as Jessica Rich, the Director of the Bureau of Consumer Protection first.
Potential Clarity from the Supreme Court

Finally while these are promising developments for Silicon Valley, patent experts claim that
while the patent reform bill addresses certain bottom feeder practices, there remains the problem of very broad low-quality patents used by patent trolls. The Supreme Court recently announced that it will review Nautilus v. Biosig Instruments to consider the Patent Acts requirement that patent claims must be clear and distinct which would prevent patent trolls from exploiting broad, vague patents.
(Read More)
TED'S TUBES
US BROADBAND'S SLOW RIDE, LA ENTRY INTO GIGABYTE CONTENTION, MILLION DOLLAR DOMAINS AND DAY OF THE DOLPHIN
IAB - Click Fraud Costs Nearly $12B

This year, click fraud is on track to cost marketers $11.6 billion in advertising up 22% from 2013 according to survey findings released earlier this week by Solve Media. To combat click fraud, the IAB has released its final version of best practices which is available here.
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TRUSTe - Consumer Privacy Confidence Declining - and its Not All NSA
=TRUSTe released its latest U.S. Consumer Confidence Index, which shows that a high proportion of U.S. adults aged 18 and older are worried about their privacy online, online trust is declining and the potential impact on business remains high. 74 percent of U.S. internet users are more concerned about privacy than a year ago
US Broadband Users - Paying More for Less

The World Economic Forum ranked the U.S. 35th out of 148 countries worldwide in terms of Broadband Capacity, while a a new study by Speedtest.net ranks the US 31st in download speed. NASDQ reports that the U.S. is falling behind countries like Estonia, Hungary, and Uruguay. PolicyMic finds this pathetic from the country that invented the internet. How bad is it? Well, the New York Times makes a fun comparison to demonstrate just how far behind the U.S. is falling. The Times takes a look at internet speeds in San Antonio, Texas the seventh largest city in the U.S. with a population of 1.4 million and measures it against internet speeds in Riga, Latvia a city with 700,000 people. And what did they find? Rigas average internet speed is at least twoandahalf times that of San Antonios while the cost of Rigas service is about onefourth that of San Antonio. So people in San Antonio pay four times as much for internet at least half as fast. Why is this the case, Susan Crawford, a law professor and author of Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, blames big telecom for this failure since due to consolidation more than 80 percent of Americans have only one choice for broadband. In Seoul, when you move into an apartment, you have a choice of three or four providers selling you symmetric fiber access for $30 per month, and installation happens in one day. Thats unthinkable in the United States.
Instead for American consumers, their only choice will be a local cable monopoly with little incentive to fund nationwide fiber-optic upgrades. (Read More)
HIZZONER 2.0: Mayor Garcetti Is Using Technology to Redefine His Office and the City
Newly elected Los Angeles Mayor Eric Garcetti has stressed that one of his top priorities is to bring city government into the digital age. Garcetti has launched an mobile app for citizens to report pot
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holes and other service needs and a Cyber Command Center to coordinate the computer networks for the city which, with the nations busiest port, largest municipal utility and one of its busiest airport, is a prime target for a terrorist strike..
The Mayors biggest tech initiative, is to make Los Angeles a Gigabit City in what Ars Technica calls one of the most ambitious city-led broadband projects to date. The Mayor and City Council have agreed to move forward on a Request for Proposal to develop a citywide broadband network for residential and business use that would provide free broadband up to 5Mbp and then tiered pricing for higher speeds up to a Gigabit. If implemented, it would make Los Angeles equal to the ultra-broadband deployed in cities such as Chattanooga and Kansas City which are the fastest in the nation. As currently discussed, the cost of the build out would be borne by the vendor. (Read More)
Domain Auctions - Four $1M+ Sales in 2013 With Domain Journals final year end data in, there were four sales in excess of $1 million bringing the total to 12 for the decade. The million dollar domains were: IG.com ($4.7MM) KK.com ($2.4MM) 114.com ($2.1MM) eBet.com ($1.35MM) ScottRichtersDynamicDolphinRegistrarShutDownByICANN Dynamic Dolphin, the rogue registrar owned by Scott Richters CPA Empire (a subsidiary of Media Breakaway) has been stripped of its registrar status as of November 22, 2013 due to its failure to disclose Richters ownership interest and prior felony conviction for grand larceny. All domains registered with the onetime Spam King were transferred to BigRock Solutions Ltd. As reported in Performance Marketing Insider: Dynamic Dolphin had a serious issue in that more than 10 percent of the companys 45,000 plus domains have false WHOIS data, and more than 17 percent of the domains registered
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through the company have been observed being advertised through spam. (Read More)
CANADA FLEXES IT MUSCLES Acts on Privacy, Spam and Net Competition
CanadianPrivacyCommissionerTags GoogleforMedicalBehavioralTargeting
In only her second month on the job, Interim Privacy Commissioner Chantal Bernier took on one of the giants of the Internet Google. Bernier cited Google for sending targeted ads for medical conditions based on consumer searches which violates Canadas Privacy and Online Behavioural Advertising Guidelines which prohibit targeting based on sensitive information. Google has agreed to take corrective action. FTC Consumer Protection Bureau Director Jessica Rich congratulated Bernier. Privacy issues are increasingly global. Working in partnership with other enforcement bodies is critical to protecting privacy rights domestically and around the world. (Read More)
Canadian Spam Regs to Take Effect in July Kind Of

Last month, the Canadian spam law celebrated its third anniversary, but there was little celebration since the regulations implementing the law will not come into effect until July 2014 due to heavy lobbying by Canadian businesses. Even then, the private right of action provision does not kick in until July 2017. (More)
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Snowden - Canada Spied on Visiting Airport WiFi Users

The report indicates that the spying was part of a test and not a ongoing operation. (More)
Canadas Competition Bureau Investigating ICANN and Google for Possible Antitrust Violations
The Canadian Competition Bureau has confirmed that it is investigating whether the manner in which Google operates its search engine and searchadvertising platforms amount to an abuse of a dominant position. It also is investigating the use of exclusive rights in ICANNs expansion of the gTLDs. (Read
More)
CONTACT US
INTERNET LAW CENTER 100 WILSHIRE BLVD, SUITE 940, SANTA MONICA, CA 90401 www.Internet Law Center.net
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2/3/2014

Outlook Print Message

Cyber Report: Privacy and Big Data on Early To-Do Lists

February 3, 2014 Four Chaplains Day

Outlook Print Message

Outlook Print Message

NSA and Big Data Are Top Washington Stories

Outlook Print Message

Privacy Compliance AG Sues Kaiser Cal Privacy Day

Outlook Print Message

BIG DATA Steps into the Spotlight

Amazon Tax Overstock $6MM Hit Self Inflicted Wounds

White House Big Data Work Group

See Blog for Details

Outlook Print Message

FTC Watching Big Data

Outlook Print Message

DMA Releases Value of Data Study

RECENT CLBRs and PRESENTATIONS

Key findings include:

Beverly Hills Bar Association

Presentation on Internet Law at Cal Bar IP Institute

Outlook Print Message

TARGET DATA BREACH Renewed Debate Over Disclosure Requirements

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PAST SHOWS OF NOTE

1115: 123123; admin; 1234567890; letmein; photoshop

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YearEnd Special Edition

(With Ian Ballon Greenberg Traurig and Evan Brown TWIL)

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Court of Appeals Invalidates FCC Net Neutrality Regs

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For a sampling of other views on this decision, click here.

SEC Issues Crowdfunding Regs

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Henry Waxman: The Dean of the SoCal Congressional Delegation to Retire

AG, Legislature Move Forward on Privacy and Data Security

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Yelp, Crystal Cox, Love, Revenge and an Unwelcome Internet

Virginia Court Orders Revealing Yelp Reviewers

Ninth Circuit Cox Ruling, Gives Blogger a Pass on Defamation By Dissing It

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Revenge P*** Busts: Hunter Moore/IsAnyoneUp and Kevin Bollaert/YouGotPosted Indicted

Courtney Love Wins Twitter Defamation Case

Amanda Hesss Important Why Women Arent Welcome on the Internet

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Amazon Punt, Overstock Dinged and the Law of SelfInflicted Wounds

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douchebaggery. (Read More)

The FTC Targets MPHJ

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Potential Clarity from the Supreme Court

IAB - Click Fraud Costs Nearly $12B

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US Broadband Users - Paying More for Less

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CANADA FLEXES IT MUSCLES Acts on Privacy, Spam and Net Competition

Canadian Spam Regs to Take Effect in July Kind Of