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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   [...]

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  [...]

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  [...]

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  [...]

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   [...]

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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  [...]

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   [...]

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  [...]

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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  [...]

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  [...]

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  [...]

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   [...]

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  [...]

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  [...]

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  [...]

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  [...]

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.   [...]

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  [...]

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  [...]

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  [...]

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  [...]

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  [...]

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  [...]

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.   [...]

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  [...]