Articles by Peter S. Vogel

With all the headlines about Internet cybersecurity breaches, there seem to be few headlines about the consequences for cybercriminals That is because not all cybercriminals are caught, and when they are it often takes months, if not years, before trials. Even when the cybercriminals plead guilty, the sentencing phase often occurs months after the...

This story was originally published on Oct. 4, 2013, and is brought to you today as part of our Best of ECT News series No one expects a free lunch. So when people use a free webmail service, many assume they will be bombarded with advertising. Why? Obviously, because the webmail services make money by commercializing the content of the webmail!...

More than eight years ago, the Authors Guild filed a class action against Google on behalf of thousands of authors, claiming that Google infringed the authors' copyrights. The Authors Guild recently lost its case based on the fair use doctrine that's generally reserved for nonprofit use by academic institutions, libraries and the press. The lar...

A class action asserting that LinkedIn harvests and sells users' email addresses was brought in September 2013. More than a month after the lawsuit was filed, LinkedIn still uses the same approach to collect email addresses and personal information -- that is, it encourages users to "sync your contacts. Stay in touch. Bring your email, contacts, and calendar in one place." ...

No one expects a free lunch. So when people use a free webmail service, many assume they will be bombarded with advertising. Why? Obviously, because the webmail services make money by commercializing the content of the webmail! Actually when you sign up for free webmail, and click "I Accept," or something similar, contractually you are acknowled...

An October 2010 class action lawsuit against Google included allegations that "Google transmitted user search queries to third parties without knowledge or consent in order to enhance advertising revenue and profitability." Following three years of litigation, Google and the plaintiff users this June presented a settlement proposal to the federal court. However, Google is not proposing to change its privacy policies. ...

United States Internet businesses have spent much time and energy avoiding regulation by other countries -- and in particular, the European Union. One way companies protect themselves is to include a provision in their Terms of Service making the U.S. the jurisdiction and controlling law for use of their sites, as well as for Click Agreements Howe...

Millions of people have created avatars that live in Internet virtual worlds. Those virtual worlds include Second Life and Maple Story, as well as video games. Although these virtual worlds and games are used regularly by individuals around the world, few consider the ownership and other legal rights associated with their virtual activities. Th...

Even before social media existed, lawyers would often investigate to learn as much as possible about each potential juror. Their primary goal, of course, was to eliminate potential jurors who may find against their clients With the advent of social media, however, lawyers can now search Facebook, LinkedIn, Twitter and more to learn about prospectiv...

One of my childhood friends, who was also a Facebook friend, died in 2009. Yet I still get messages from Facebook encouraging me to connect with his Facebook page. Has that ever happened to you? Or have you ever sent an email to a colleague, only to learn from other sources that the person is deceased? What happens to their digital content? Who...

After almost two years of litigation, a federal judge has ruled on a dispute between an employer and former employee over control of a LinkedIn account. The case turned on a specific Pennsylvania law about using the likeness of another individual, so the impact may be limited, but since there is so little litigation concerning LinkedIn or other s...

There are more than 6 billion mobile devices in the world, says Wikipedia. As of last July, there were more than 321 million wireless subscriber connections in the U.S. alone, according to CTIA-The Wireless Association. Of course, it is impossible that 101 percent of U.S. residents have wireless connections, so that means many of us have multiple subscriptions...

Periodically we are reminded that the Federal Trade Commission plays a major role in regulatingthe Internet. For instance, the FTC is in charge of protecting privacy on the Internet in the U.S. andcontinually starts new privacy initiatives as the use of the Internet evolves. Unlike the EU, which hasstrict data privacy rules, the FTC has decided th...

Users of the Internet and electronic gear are vulnerable to criminals near and far, but we don't always hear about what happens at court and whether the alleged criminals are convicted or acquitted Here is an update on some those crimes for consideration....

The fact that the Internet has no boundaries of time or geography has changed the way businesses operate forever. One feature of the Internet is that it has allowed creative businesses to avoid, or at least minimize their tax liabilities. In particular, Google's business success means that it has to manage its operations if it wants to minimize it...

Do you really believe your Web-based email is private? Let's start with Terms of Service (ToS) or Privacy Policies, which few people actually read -- maybe even less so for webmail accounts. As a reminder, take a look at previous columns I have written here on ToS provisions and Privacy Policies. I won't belabor those issues again....

Most everyone on the Internet reads Wikipedia, whether they rely on it or not, but few understand how wikis work or who owns the content. Understanding content ownership is important, because so many people freely contribute to wikis. If the owner of the wiki decides to revise or move the content, that could lead to a lawsuit. Similarly, if the ...

If Apple gets its way, Samsung will no longer be able to sell any cell devices that it claims infringe on Apple's patents. This could be devastating, since as of July 2012, Samsung owned 25.6 percent and Apple just 6.3 percent of the mobile market, according to a comScore report. However, the Apple v. Samsung battles will continuefor quite some time, and just because the jury gave a US$1 billion verdict to Apple in California does notmean the end is near.

Privacy in the cloud may be an illusion, given the known cybersecurity risks, not to mention the laws in the U.S. and around the world that permit government agencies relatively easy access to remote data including data stored in the cloud. Of course, businesses have relied on storing data in the cloud for more than 50 years. While many companie...

A recent report in The Wall Street Journal sheds light on a new "Big Brother." Some of the largest automobile insurance companies are now using driving data obtained from GPS and other devices to create preferred pricing for those who submit real-time driving data that demonstrate their good driving habits and low risk. So, if drivers travel at t...