Technology Law Update

Citizen Not Entitled To Access To Municipal Web Site As A Public Forum

Citizen proponents of a municipal ballot initiative are not entitled to unfettered access to the municipality's Web site to express their views on the merits of the initiative. Vargas v. City of Salinas, No. H027693, 2005 Cal. App. LEXIS 1984 (Cal. Ct. App., 6th Dist. Dec. 29, 2005).

New Jersey Court Rules Employer Has Duty To To Investigate Employee Child Porn Access At Work

An employer that is on notice of an employee's use of a workplace computer to access Web sites that may contain child pornography has a duty to investigate and take "prompt and effective action" to cease such activity that may harm innocent third parties. Doe v. XYC Corp., No. A-2909-04T2 (N.J. Super. Ct. App. Div. Dec. 27, 2005).

Copyright Precedents Guide Damages Calculation Under DMCA

In determining an award of statutory damages within the range provided in the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA), a court may look to precedents awarding damages under the Copyright Act. Sony Computer Entertainment America, Inc. v. Filipiak, No. C-04-2318 (N.D. Cal. Dec. 27, 2005).

Bill To Close Analog Hole Introduced In House

The "Digital Transition Content Security Act of 2005," H.R. 4569, "to require certain analog conversion devices to preserve digital content security measures," is sponsored by Rep. F. James Sensenbrenner (R. WI) and co-sponsored by Rep. John Conyers (D. MI). Rep. Sensenbrenner is chairman of the House Committee on the Judiciary.

Two Bills To Implement The Streamlined State Sales Tax Introduced In Senate

The Streamlined State Sales Tax would permit state governments to tax online and mail order sales. Senator Enzi has introduced S.2152, "Sales Tax Fairness and Simplification Act"; Senator Dorgan introduced S.2153, the "Streamlined Sales Tax Simplification Act."

CDA Immunity Extends to Distributors

Section 230 of the Communications Decency Act, which immunizes a provider or user of an interactive computer service from liability as a "publisher or speaker" of information provided by a third party, also precludes holding a provider or user liable as a distributor of third-party content. Austin v. CrystalTech Web Hosting, No. 1 CA-CV 04-0823, 2005 Ariz. App. LEXIS 168 (Ariz. Ct. App., Div. 1, Dec. 22, 2005).

Pennsylvania Enacts Data Security Breach Notification Law

The Pennsylvania legislature passed the Breach of Personal Information Notification Act, SB 712, on December 15; the bill was signed into law on December 22. (Pa. Act No. 94).

First Amendment Bars Injunction Against Alleged Defamatory Blog Posts

The First Amendment precludes the issuance of a preliminary injunction against the posting of allegedly defamatory statements by a former employee on her Web site and related weblog. Bynog v. SL Green Realty Corp., No. 05-0305, 2005 U.S. Dist. LEXIS 34617 (S.D.N.Y. Dec. 22, 2005).

California Violent Videogames Law Stuck Down By Federal Court

A federal judge in California has preliminarily enjoined the enforcement of a California law that would require violent video games to be labeled and would prohibit the rental or sale of those games to minors. Video Software Dealers Assn. v. Schwarzenegger, No. 05-4188 (N.D. Cal. Dec. 21, 2005).

Jews For Jesus Sues Google Alleging Blogger Infringes Trademark

The complaint concerns the the Weblog titled "Jews For Jesus" on Google's Blogger Weblog service, which is hosted at .