Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise?
I will be co-presenting in this online seminar that will help you:
- understand the trademark and copyright problems your client may encounter with branding;
- learn how to protect your client’s branding once established;
- familiarize your practice with patents, including what they protect, timing, and strategies to prevent inadvertent loss of patent rights before filing the application;
- understand trade secrets and the importance of non-disclosure and confidentiality agreements;
- recognize intellectual property issues relating to technology, including open source code and the cloud;
- establish a proactive approach toward intellectual property ownership between cofounders, employees, and vendors; understand business names, domain names, promotional issues, and website content concerns.
The program qualifies for 1.5 hours MCLE credit.
I would like to personally invite you to attend the upcoming Law Ed program titled, “Identifying Intellectual Property Issues in Start-Ups,” which I will be co-presenting via live webcast on Tuesday, May 27th.
Presented by the ISBA Business Advice and Financial Planning Section
Co-Sponsored by the ISBA Intellectual Property Section
July 1, 2013
Enacted by Congress in 1986, the Computer Fraud and Abuse Act (CFAA) builds upon existing computer fraud law (18 U.S.C. § 1030). Initially, the CFAA was intended to limit federal jurisdiction to cases “with a compelling federal interest-i.e., where computers of the federal government or certain financial institutions are involved or where the crime itself is interstate in nature.” Notably, the CFAA criminalized certain computer-related acts such as distribution of malicious software code, propagating denial of service attacks as well as trafficking in passwords and similar items. Recently, the CFAA has gained prominence as a bludgeon used to prosecute a wide-range of activities, some broadly labelled “hacking” and other stretching the boundaries of “unauthorized” computer access.
Two recently introduced bills, one by Representative Zoe Lofgren (D-CA) in the House and one by Senator Ron Wyden (D-OR) in the Senate aim to amend the CFAA in hopes of ameliorating application of the CFAA to claims of breach of terms of service, employment agreements. Additionally, with the nickname “Aaron’s Law,” they also seek to limit what some see as the CFAA’s tendency to allow for overzealous prosecution that they claim characterized Aaron Swartz’s case.
In short the bills would amend the meaning of “exceeds authorized access,” changing it to “access without authorization,” which is defined to mean:
“to obtain information on a protected computer”;
“that the accesser lacks authorization to obtain”; and
“by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information.”
For a well-documented discussion of the application and boundaries of the CFAA, check out the Electronic Frontier Foundations Legal Treatise on civil and criminal cases involving the Computer Fraud and Abuse Act here.
As businesses become ever more dependent on digital assets and systems, a working knowledge of the legal and regulatory framework that defines and protects those assets is paramount.
If you or your executive teams has questions about securing and protecting digital assets, please feel free to contact David M. Adler for a free consultation. LSGA advises a wide range of businesses on creating, protecting and leveraging digital assets as well as computer, data and information security and privacy.
Please tweet, comment on, and forward is article!
David M. Adler | Leavens, Strand, Glover & Adler, LLC
203 North LaSalle Street, Suite 2550
Chicago, Illinois 60601
Direct: (866) 734-2568
Direct Fax: (312) 275-7534
*2012 Illinois Super Lawyer http://bit.ly/gFfpAt
The rapid growth and expansion in the mobile market presents a number of privacy and security issues for mobile software and hardware developers, platform operators, advertisers and marketers who collect, store, use and share consumer information. As awareness of privacy risks grow among consumers, legislators and regulators are increasing scrutiny of mobile privacy and privacy policies in mobile apps.
Businesses operating in the mobile industry are facing a widening array of Regulatory compliance issues. Staying abreast of legal risks and issues can be daunting. How can mobile operators and application developers spot trends and adjust strategies to start competitive? First, keep an eye on FTC activity. Second, monitor new bills coming up in Congress. Third, follow this blog, adlerlaw.wordpress.com.
FTC Privacy Enforcement Actions
Earlier this year, the FTC expanded mobile privacy obligations beyond software to include hardware makers when it announced a settlement with HTC America over charges that HTC failed to use adequate “security by design” in millions of consumer mobile devices. As a result, the company is required to patch vulnerabilities on the devices which include #Smartphones and #Tablets. The settlement, the first action involving a mobile device manufacturer and the new “Privacy By Design” guidelines, sheds some light on the legal risks for mobile device manufacturers and, to some extent, mobile application developers.
Congressional Privacy Laws, Bills & Initiatives
Not surprisingly, federal legislators are taking up the mantle of Consumer Privacy in the area of Mobile Applications. In January 2013, U.S. Rep. Hank Johnson, introduced his mobile privacy bill, The Application Privacy, Protection and Security Act of 2013, or the “APPS Act,”. The bill focuses on transparency, user control and security, mandating that an application 1) provide the user with notice of the terms and conditions governing the collection, use, storage, and sharing of the personal data, and 2) obtain the consent of the user to the terms and conditions. Significantly, the privacy notice is required to include a description of the categories of personal data that
will be collected, the categories of purposes for which the personal data will be used, and the categories of third parties with which the personal data will be shared.
The Bill also requires that application developers have a data retention policy that governs the length for which the personal data will be stored and the terms and conditions applicable to storage, including a description of the rights of the user and the process by which the user may exercise such rights in addition to data security and access procedures and safeguards.
App developers unaware of the data protection requirements may face significant risks and potential harm to their reputation among users of smart devices. If you have concerns about what key data protection and privacy legal requirements apply to mobile applications and the types of processing an app may undertake contact us for a mobile app legal audit. Vague or incomplete descriptions of the ways which a mobile app handles data or a lack of meaningful consent from end users before that processing takes place can lead to significant legal risk. Poor security measures, an apparent trend towards data maximisation and the elasticity of purposes for which personal data are being collected further contribute to the data protection risks found within the current app environment.
Learn more David M. Adler here.
October 19, 2012
On September 25, 2012, the Federal Trade Commission announced a settlement with seven rent-to-own companies that secretly installed software on rented computers, clandestinely collected information, took pictures of consumers in their homes (WTF?!) and tracked these consumers’ locations.
If you haven’t vomited on your computer from the sickening outrage, you can read the FTC press release here.
Software design firm DesignerWare, LLC licensed software to rent-to-own stores ostensibly to help them track and recover rented computers. The software collected the data that enabled rent-to-own stores, including franchisees of Aaron’s, ColorTyme, and Premier Rental Purchase, to track the location of rented computers without consumers’ knowledge
According to the FTC, the software enabled remote computer disabling if it was stolen, or if the renter failed to make payments. It included an add-on purportedly to help stores locate rented computers and collect late payments. Alarmingly, the software also collected data that allowed the rent-to-own operators to secretly track the location of rented computers, and thus the computers’ users.
When activated, the nefarious feature logged key strokes, captured screen shots and took photographs using a computer’s webcam, according to the FTC. It also presented a fake software program registration screen that tricked consumers into providing their personal contact information.
“An agreement to rent a computer doesn’t give a company license to access consumers’ private emails, bank account information, and medical records, or, even worse, webcam photos of people in the privacy of their own homes,” said Jon Leibowitz, Chairman of the FTC. “The FTC orders today will put an end to their cyber spying.”
“There is no justification for spying on customers. These tactics are offensive invasions of personal privacy,” said Illinois Attorney General Lisa Madigan.
September 20, 2012
Computerworld – Germany’s cybersecurity agency on Monday urged users to drop Internet Explorer (IE) and switch to a rival, like Chrome or Firefox, until Microsoft patches a new critical bug in its browser.
Senators call for ‘cybersecurity’ executive order. This summer’s partisan sparring that derailed a federal cybersecurity law has resumed, with Democrats proposing an executive order and Republicans saying it would levy “more mandates.”
“The nation is in dire need of people who are capable of handling the cybersecurity challenges we face,” professor of computing and information sciences Xinming “Simon” Ou said. “We are lagging behind in the number of experts we have versus the threats.
Cybersecurity: Kay Bailey Hutchison condemns Obama’s ‘heavy handed …
Houston Chronicle (blog)
Amid escalating partisan rhetoric over the bipartisan goal of protecting U.S. computer systems from terrorist attacks, Texas Kay Bailey Hutchison criticized President Obama for a “heavy handed, regulatory regime” that would be created.
National Cyber Security Alliance Announces Theme for Data Privacy Day
The Herald | HeraldOnline.com
18, 2012 /PRNewswire-USNewswire/ — The National Cyber Security Alliance (NCSA), a non-profit public-private partnership focused on helping all digital citizens stay safer and more secure online and official coordinator of Data Privacy Day (DPD), today …
Over the past few years, the Obama administration and Congress have taken a variety of legislative runs at creating comprehensive cybersecurity law. See Also: How cybersecurity is like Star Trek’s transporter.
Cyber security biggest challenge for universal credit, says David Freud
Cyber security is the biggest challenge for the government’s universal credit roll-out, welfare reform minister David Freud has told a select committee. Speaking to a select committee, pensions minister Ian Duncan Smith said government had consulted …
NetLib teams with CIS to fight cyber security
Mass High Tech
Neil Weicher wants to win the battle in cyber security. NetLib, a Stamford, Conn.-based provider of encryption software founded by Weicher, has partnered with the Center for Internet Security, a non-profit focused on cyber security readiness.
The Government Communications Headquarters (GCHQ) said those aged 16 or over and not already working in cyber security could apply to test their ability to guard a computer network but only 150 contestants at most would be eventually allowed.
The FBI’s former top attorney for cybersecurity, Steven Chabinsky, who stepped down this month, thinks the FBI is doing a great job battling the problem, but told the Washington Post that the “federal government” has taken a “failed approach”.
September 18, 2012
Representative Markey is no stranger to mobile privacy issues. Last year, Rep. Markey asked the FTC to investigate the practices of the Carrier IQ software company as a possible unfair or deceptive act or practice.
On September 12, 2012, Rep. Markey, co-Chair of the Bi-Partisan Congressional Privacy Caucus, released H.R. 6377, “The Mobile Device Privacy Act.” The legislation would require companies to disclose to consumers the capability to monitor telephone usage, as well as require express consent of the consumer prior to monitoring.
“Just because a mobile device is hand held doesn’t mean it should hand over personal information to third parties without permission,” said Markey in a released statement.