Legal, government & regulation
Articles about legal and regulatory issues related to online marketing and advertising.
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To narrow down your selection of articles, click on the "AND" or "NOT" next to any of the categories below. Say you’re currently browsing entries in category "A", you can then drill down into entries that belong both to category A and another category, or belong to category A but not another category. For instance, you could list entries about demographics in the automotive sector, or entries about email marketing that are not about spam. Numbers in the columns below indicate how many entries the selected operation will narrow your query to. You can combine multiple intersection and exclusion criteria to further limit the number of entries.
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FCC to Enforce FTC's No-Call Registry, Thumb Nose at Judiciary
DM News: FCC Set to Enforce Oct. 1 No-Call Deadline
Since a judge shut down - at least temporarily - the wielding of the Do-Not-Call Registry by the Federal Trade Commission against telemarketers, the Federal Communications Commission has stepped into the enforcement role until the legal matters can be untangled.
Matters were further confused by the suggestion that the FCC will start enforcing the Registry even as the [...]
Posted: Tuesday, September 30th 2003
Retailers Fire Broadside on E-tailers
The major national retail trade association started lobbying Congress to pass H.R. 3184, a bill that "equalize" the tax burden between brick-and-mortar stores and the remote sales organizations, like catalog and web site retailers. Currently, some catalogs web sites enjoy a tax advantage when their customers buy from outside the business's states.
Previously, most pressure to weigh new sales taxes on e-tailers came from the state governments that failed to get a piece of the online action. Now [...]
Posted: Tuesday, September 30th 2003
Privacy Violations Sometimes Mistakes, Sometimes Government Orders
ClickZ: Mistakes Happen
Mark Sakalosky notes that privacy violations aren't just bonehead mistakes a la JetBlue, but also sometimes come in the form of what some might call abusive subpoenas. The recent Recording Industry Association of America (RIAA) volley of legal threats to ISPs and other Internet companies effectively gave the association private ac [...]
Posted: Tuesday, September 30th 2003
Do-Not-Call Registry Will Likely Clear Legal Hurdles
NYT: Group to Honor 'Do Not Call'
You can stop keeping score now. The National Do Not Call Registry was on, off, on, off, on and is now - at least temporarily - off again. But this last step will likely be heard by an appeals court very soon in an expedited process by judges that have indicated a strong preference to keeping the Registry in business.
While this legal business gets taken care of, the Dire [...]
Posted: Monday, September 29th 2003
Do-Not-Call Registry Nixed for Speech Discrimination
NYT: Do-Not-Call Listing Remains Up in Air After Day of Twists
Judge Edward W. NottinghamEven with a sudden bipartisan spasm of legislating by Congress neutralizing the procedural decision of an Oklahoma federal judge, the National Do-Not-Call Registry is on hold once more, this [...]
Posted: Friday, September 26th 2003
Former L90 CFO Charged With Securities Fraud
New York Times: Former Ad Executive Charged With Fraud
The Los Angeles office of the United States attorney and the Securities and Exchange Commission charged Thomas Sebastion, former L90 CFO, with conspiring to commit securities fraud. Sebastian is accused of exchanging unsold ad inventory between tthe L90 subsidiary Webmillion and other web sites. L90 is now know [...]
Posted: Friday, September 26th 2003
E-tailers Consider State and Federal Sales Taxes
Ecommerce Times: Taxation and the Future of Online Commerce
Ecommerce Times published an analysis of how e-tailers are handling sales tax issues and suggesting that an over-arching federal tax might not be a bad thing, since dealing with the many, many smaller jurisdictions has proved to be a huge pain. But that analysis fails to take into account the fact that states are unlikely to see the existence of a federal sales tax as a [...]
Posted: Friday, September 26th 2003
Microsoft to Shut Down, Charge For Chat
IAR: MSN's Chats: Shuts Most, Charges Others
In a move that is sure to please child safety advocates yet raise the ire of sex chataholics around the globe, Microsoft has shut down its chat service in 28 countries and will move to subscription models in other countries.
In Japan, Canada and the United States, Microsoft will now require users to provide personal information as well as a credit card number to use the service. Inte [...]
Posted: Wednesday, September 24th 2003
Do-Not-Call Registry Quashed by Court
Reuters (via Yahoo): U.S. Court Blocks Anti-Telemarketing List
The much anticipated federal Do Not Call Registry was inappropriately created, according to an Oklahoma federal district court, ruling that it may not go into effect, as it had planned to do October 1. The court ruled that the registry's creator, the Federal Trade Commission (FTC), lacked the authority to regu [...]
Posted: Wednesday, September 24th 2003
Streaming Patent Holder Forces Site to Close Briefly
CNET: Patent holder unplugs porn network
In a move that may frighten many mainstream companies that use online streaming, a holding company that owns a sheaf of patents was able to shut down (temporarily) a large porn streaming site for failure to come to a licensing agreement. Acacia Research shut down Go Entertainment's network of porn sites by first getting a court order and then playing rough with the porn publisher's internet servi [...]
Posted: Wednesday, September 24th 2003
This Anti-Spam Measure Is Different
NYT: California moves to ban unsolicited e-mail
DM News: Critics: CA Anti-Spam Bill Puts Unfair Burden on Advertisers
Davis gunningfor spammersBecause several states - like Delaware - have already passed laws b [...]
Posted: Wednesday, September 24th 2003
VeriSign Sticks to Risky Path
Just exactly how many licks does it take before Verisign is down for the count? Within a week, VeriSign's SiteFinder service has...
- Stirred up privacy violation issues by using Overture and Omniture tracking
- Attracted a $100 million [...]
Posted: Tuesday, September 23rd 2003
FCC Chairman Explains Why He's a Media Junkie
NYT: King of All Media
Michael PowellAn interesting interview with Chairman of the Federal Communications Commission Michael Powell appeared in the New York Times. Topics covered inclu [...]
Posted: Monday, September 22nd 2003
Illinois Claims Online Taxing Ability
DM News: Suit: Online Retailers Evaded Taxes
The State of Illinois is suing 62 e-tailers, alleging that they failed to pay sales taxes on goods sold even though they maintain "a physical presence" in the state. In a novel interpretation of such a physical presence, Illinois maintains that chain retailers, such as Barnes & Nobles should have to pay sales taxes on all Internet transactions, even if the physical store - li [...]
Posted: Monday, September 22nd 2003
Agency Heads Nix Real Billings Accounting
MediaPost: Agency Chiefs Nip Media Billings Plan In Bud
Regulators, litigators questionagency holding companyIn the current climate of corporate accountability, heads of large ad agencies are increasingly uncomfortable with the whatever-you-please and sometimes purely [...]
Posted: Monday, September 22nd 2003
ICAAN to VeriSign: Stop Redirecting Traffic
CNET: ICANN Asks VeriSign to Pull Redirect Service
ICAAN, occasionally criticized for moving slowly in its regulation and oversight of domain names, has redeemed itself by asking VeriSign to stop high-jacking incorrectly entered Inter [...]
Posted: Monday, September 22nd 2003
Amazon Sues Email Spoofers
Yahoo: Yahoo! News - Amazon Sues Web Marketers for Faking E-Mail
Amazon is suing 11 online marketers for using its name improperly, tricking unsuspecting consumers into believing they are buying from Amazon.
This continued spoofing does great damage to the email marketing industry sullying the names of legitimate marketers and losing trust among consumers.
[...]
Posted: Thursday, September 18th 2003
U.S. Senator Claims ISPs Dragging Feet on DMCA
Internet News: Boxer Blasts Verizon's DMCA Subpoena Stance
Barbara BoxerDemocratic U.S. Senator Barbara Boxer Claims Verizon and SBC are acting in a hypocritical manner by refusing to act on subpoenas, a result [...]
Posted: Thursday, September 18th 2003
House Votes to Permanently Extend Internet Tax Moratorium
IAR: House Approves Permanent Internet Access Tax Ban
Yesterday, the U.S. House of Representative voted to permanently extend the temporary moratorium on Internet taxation which was due to expire on November 1. President Bush has indicated he will sign the extension.
"Today, Republicans and Democrats have come together to say that no matter how we might choose to fund government services, we all agree that it would be counterproduct [...]
Posted: Thursday, September 18th 2003
ICAAN Agreement Extended Three Years
CNET: ICANN to Continue its Reign Over the Net
The Bush administration has extended the agreement with Internet domain name regulatory body, ICAAN, for three years. In the agreement, seven new deadlines have been established to formalize the process of approving new top-level domains, insure ICAAN's accountability to the public and place a higher emphasis on securing domain name hierarchies.
The agreement ho [...]
Posted: Thursday, September 18th 2003
Senate Kills New Media Rules
Wall Street Journal: Senate Votes to Scrap The New Media Rules(Sub. Req.)
In a rare move, the Senate voted to scrap proposed executive branch rules allowing media companies to expand beyond their already vast empires. The close 55-40 vote ensures the debate will continue.
"We have to ensure that the marketplace of ideas is not dominated by a few conglomerates at the expense of our citize [...]
Posted: Wednesday, September 17th 2003
DMCA Not Just a Bad Law, Also Dumb
Wired: Garage Doors Raise DMCA Questions
The Digital Millennium Copyright Act (DMCA)- passed by Congress in a fit of piracy pique at the same time entertainment lobbies liberally lubricated the legislative process - is increasingly coming to be recognized as a dumb law. The most recent example is the case of the garage door opener companies lawsuit.
One measure included in the pot pourri the DMCA was civil and criminal pen [...]
Posted: Wednesday, September 17th 2003
Do Not Call Registry Details Offer Loopholes, Risks
DM News: Panel: DNC Devil Is in the Details
The National Do Not Call Registry that takes effect in October brings with it several additional regulatory measures meant to limit direct marketing efforts but that may also have the unintended effect of inspiring more and more frequent contact from "relationship marketers."
The registry, seen by many as the precedent for an inevitable email equivalent, makes a distinction b [...]
Posted: Wednesday, September 17th 2003
Two Factions Emerge in Global Internet Forum
CNET: Global fight looms for Net management
As delegates prepare for a United Nations-backed summit on the future of Internet addressing and other standards, a cleave is forming in the between European and Middle Eastern nations that want governments to be the primary decision makers and Asia-Pacific nations that want an international standards body to take responsibility.
[...]
Posted: Wednesday, September 17th 2003
Congress to Vote on Permanent Internet Tax Ban
IAR: House Plans Wednesday Vote on Internet Tax Ban
With six weeks remaining in the current ban on Internet taxes, the House of Representatives plans to vote on a measure making the exemption permanent. The lack of Internet taxes helped Internet service providers (ISPs) avoid the billing hassles that sometimes stymie the highly regulated telephone companies, allowing ISPs to offer a great variety of service plans, in [...]
Posted: Tuesday, September 16th 2003
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