Transferring Your Digital Estate at Death

At the beginning of 2014, I call on software makers and Internet service providers to: provide to end users a simple and flexible way to import and export data from their service account (extreme data portability), and provide a simple process for a duly authorized survivor to authenticate and gain access to a decedent’s account […]

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Clickthrough Agreements are Contracts, Browsewraps are not

On 27 September 2012, the U.S. District Court for the District of Nevada issued its opinion that an arbitration clause within the terms of use (TOU) of the Zappos.com website was unenforceable given that users were neither provided with notice of the agreement nor were obligated to affirmatively assent to the agreement.  In re Zappos.com, […]

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Unencrypted Email Messages Still Acceptable for Attorney-Client Privileged Communications

It is good to be reminded that some things stay the same. In 1999, the American Bar Association issued Formal Opinion 99-413 and concluded that cell phones and unencrypted email messages are acceptable for attorney-client communications that include privileged information or advice. The opinion reasoned that a reasonable expectation of privacy attaches because interception of […]

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Restrictions on Robo Calling

Ever wonder why we don’t get many automated phone calls?  Look no further than 47 USC § 227 titled Restrictions on Use of Telephone Equipment. A few relevant portions of the statute are shown here. Title 47 – TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 – WIRE OR RADIO COMMUNICATION SUBCHAPTER II – COMMON CARRIERS (b) […]

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