Technology Law Update

Lawsuits Filed Challenging ICANN Settlement With Verisign

The Coalition for ICANN Transparency (CFIT), filed an action in federal court on November 28 challenging the settlement between the Internet Corporation For Assigned Names and Numbers (ICANN) and Verisign, Inc. 

Verizon Obtains Injunction Against Firm Accused Of Gathering Information On Wireless Customers

According to the Verizon Press Release, Global Information Group (GIG) of Temple Terrace, FL, "made 'thousands of attempts' to gather confidential information without proper authorization and used various fraudulent 'schemes' to do so, including impersonating Verizon Wireless employees and posing as Verizon Wireless customers."

Press Release:  http://news.vzw.com/news/2005/11/pr2005-11-09a.html

Department Of Health And Human Services Announces Electronic Medical Records Initiatives

According to the press release, the department has entered into agreements with the Southern Governors’ Association, to host the Gulf Coast Health Information Task Force, which will bring together local and national resources and coordinate the planning for a digital health information recovery; and the State of Louisiana Department of Health and Hospitals, to develop a prototype of health information sharing and electronic health record (EHR) support that can be replicated throughout the region.

Press Release:  http://www.hhs.gov/news/press/2005pres/20051117.html

SEC Files Emergency Action Against Estonian Traders Alleging Trading On Hacked Financial Information

According to the press release, the bill would have prohibited direct sales by wineries that produce more than 30,000 gallons of wine a year if they have been represented by a Massachusetts wholesaler for the past six months.

U.S. Agrees To Participate In Internet Governance Forum

The signed by U.S. endorses the creations of an "Internet Governance Forum" under the auspices of the United Nations. The statement does not require the U.S. government to relinquish its current control over the operation of the Internet.

Agreement: http://news.zdnet.co.uk/0,39020330,39237279,00.htm

Researchers Release Report Alleging 30 Percent Of DMCA Takedown Notices Are Legally Flawed

The report was prepared by Jennifer M. Urban of the USC Gould School of Law and Laura Quilter of the University of California-Berkeley (Boalt Hall). The researchers released a summary report; the full research paper will appear in the March, 2006 edition of the Santa Clara Computer and High Technology Law Journal.

Press Release: http://lawweb.usc.edu/news/releases/2005/legalFlaws.html

Lawsuit Filed Challenging North Carolina Certification Of Electronic Voting Technology

The suit was filed by the Electronic Frontier Foundation.

Researchers Release Report Alleging 30 Percent Of DMCA Takedown Notices Are Legally Flawed

The report was prepared by Jennifer M. Urban of the USC Gould School of Law and Laura Quilter of the University of California-Berkeley (Boalt Hall).

Dutch Supreme Court Orders Lycos To Reveal Identity Of Anonymous Poster In Defamation Dispute

http://abcnews.go.com/Technology/wireStory?id=1345619

Federal Arbitration Act Does Not Preclude Unconscionability Challenge To Arbitration Provision By California Subscriber To Online Service

The Federal Arbitration Act (FAA) does not preclude a California consumer's class action challenge to an arbitration clause in an online service subscriber agreement based upon alleged unconscionability of the clause under state law. Aral v. Earthlink, Inc., No. B177146, 2005 Cal. App. LEXIS 1847 (Cal. Ct. App. 2d Dist. Nov. 29, 2005).