tag:blogger.com,1999:blog-77611172024-03-07T02:29:22.485-05:00Join the Cyberspace Law Committee at the ABA 2004 Annual Meeting<img alt="Cyberspace" align="center" src="http://home.comcast.net/~michael-mcguire/cyberlogo79x72.gif" width="75" /><br>
This is the live Blog for the Cyberspace Law Committee of the ABA. We'll publish live during our upcoming annual meeting in Atlanta, GA, August 6-10, 2004.Unknownnoreply@blogger.comBlogger54125tag:blogger.com,1999:blog-7761117.post-1094183330986517852004-09-02T22:48:00.000-05:002004-09-02T22:52:16.756-05:00Fry, Ritter, and Boss Receive Award<div style="float: right; margin-left: 10px; margin-bottom: 10px;"> <a href="http://www.flickr.com/photo.gne?id=328643" title="photo sharing"><img src="http://www.flickr.com/photos/328643_m.jpg" alt="" style="border: 2px solid rgb(0, 0, 0);" /></a>
<br /><span style="margin-top: 0px;font-size:0;"> <a href="http://www.flickr.com/photo.gne?id=328643">Award Recipients</a>
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<br /> </span></div>Each year, the Committee selects one or more recipients of a Cyberspace Law Excellence Award. This year's winners were Pat Fry, Jeff Ritter, Amy Boss were present to receive the award. Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092109336453608902004-08-09T22:42:00.000-05:002006-01-31T10:30:04.970-05:00Land is the only thing in the world that amounts to anything.<a href='http://photos1.blogger.com/img/213/1258/640/Atlanta%20At%20Night.jpg'><img border='0' style='border:1px solid #000000; margin:2px' src='http://photos1.blogger.com/img/213/1258/320/Atlanta%20At%20Night.jpg'></a><br />Thank you Atlanta for wonderful hospitality and a warm welcome to us all. We bid you goodnight. <a href='http://www.hello.com/' target='ext'><img src='http://photos1.blogger.com/pbh.gif' alt='Posted by Hello' border='0' style='border:0px;padding:0px;background:transparent;' align='absmiddle'></a>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092057530771324732004-08-09T21:54:00.000-05:002004-08-23T20:39:48.643-05:00Oh The Places We've Been<p>The free tracking program we're using to track visitors, page loads, repeat visitors, etc. to the Blog has shown a surprising array of activity. We've received visits to the Blog from the following locations:</p><p>United States
<br />Australia
<br />Canada
<br />Denmark
<br />Germany
<br />Israel
<br />Italy
<br />Japan
<br />Netherlands
<br />Norway
<br />Portugal
<br />Singapore
<br />Sweden
<br /></p><p>The power of the Internet to reach new audiences never ceases to amaze us.
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<br />We've opened up the tracking site so that everyone can view the stats:</p><ul><li><a href="http://my.statcounter.com/project/standard/stats.php?project_id=347811&guest=1">View Hits</a></li></ul>Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092085797302227822004-08-09T15:46:00.000-05:002004-08-09T22:55:32.790-05:00Final Wrap for Committee LeadershipMonday afternoon, Vince and Candace called to order the last official meeting for the Committee at the 2004 Annual Meeting. Vince reminded of us some of the recent changes to the committee leadership structure, including:
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<br /><li>The Internet Jurisdiction subcommittee and the Subcommittee on Global E-Commerce are merging into a single group, to be named at a later date. Michael Geist and John Gregory will co-lead the group (and will certainly propose that an upcoming Winter Working Meeting be held somewhere in Canada -- will the Minneapolis contingent be able to bear with the competition?).
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<br /><li>John Lunseth is taking over the Programs chair from Hank Judy, and John has already begun to schedule out the Spring and Summer sessions for next year! Don't hesitate to get your ideas before John if you wish to be on the podium in the coming year.
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<br /><li>Mike McGuire is passing on some of his current portfolio -- the seat on the ABA Publications Board -- to Eric Goldman. Mike will continue to hold the publications chair for the Committee, and has been tasked to expand the Committee's use of technology to communicate and work with its members (including the continuing expansion of this very blog!).
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<br />We were joined during our meeting by the Chair of the ABA's Diversity Committee, Jackie Parker. Jackie and Vince reminded all of us of the ABA's -- and the Committee's -- standing goals to expand and maintain the diversity of our membership, leadership and those who present and create product for our committee. Jackie reminded us of many of the tools available to our groups. For example, the ABA and the Diversity Committee stand ready to provide references for potential speakers or authors with specific interests and areas of practice to join a panel. The ABA has programs to assist potential new members of our Committee with travel expenses, such as an outstanding program in conjunction with the Young Lawyers Division. If you would like to discuss any of these programs or ideas, be sure to contact Jackie: jacqueline-parker [at] bankone [dot] com.</li>
<br /><p><span></span>And with that, we had planes to catch, and bills to pay. The sessions were officially closed.</p>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092084406843683232004-08-09T15:42:00.000-05:002004-08-09T15:49:55.113-05:00So long, and thanks for all the fish!The ABA Cyberspace committee meetings have come to an end in Atlanta. My personal, heartfelt thanks to those of you who participated in-person, and thru the blog (we THINK we've had on the order of 500 readers over the past week). My special thanks to blog-commanders Michael Fleming and Michael McGuire, and to outgoing program-commander Hank Judy.
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<br />We've made a great deal of progress in Atlanta. Come join us at our winter working meeting at Stanford, January 28-29, 2005 (where we'll no doubt run another blog, and a wiki, too).
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<br />VinceVince Polleyhttp://www.blogger.com/profile/11939466711834283196noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092083998627569912004-08-09T15:29:00.000-05:002004-08-09T15:39:58.626-05:00Ephemeral Nature of BlogsDon't Forget -- These Blogs are meant for Real Time discourse, but are not well designed as long term archival tools.
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<br />Thus, remember the <a href="http://lawplace.metadot.com/metadot/index.pl">Law Hub</a> -- the Cyberspace Committee's unofficial official home. Many of the materials you see discussed here are already posted there, and more to follow. If you would like to become a member, contact Vince Polley at vpolley <@> slb.com.Unknownnoreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092151199479989382004-08-09T10:16:00.000-05:002004-08-10T10:19:59.480-05:00New Sci Fi Book Plays out Cyberspace Law Issues (item moved) In the interest of space management, we've moved McGuire's fun (but long...) post on the brave new world of fictional electronic contracting (fiction about electronic contracts???) down to <a href="http://2004clcc.blogspot.com/2004/08/new-sci-fi-book-plays-out-cyberspace.html">here</a>.
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<br />Unknownnoreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092063090467903342004-08-09T09:51:00.000-05:002004-08-09T09:53:39.263-05:00Epstein Demo of New Web Site<a href='http://photos1.blogger.com/img/213/1258/640/100_1635.jpg'><img border='0' style='border:1px solid #000000; margin:2px' src='http://photos1.blogger.com/img/213/1258/320/100_1635.jpg'></a><br />Jason Epstein demonstrates the new Model Corporate Website tool before the CAIT meeting on Monday morning. <a href='http://www.hello.com/' target='ext'><img src='http://photos1.blogger.com/pbh.gif' alt='Posted by Hello' border='0' style='border:0px;padding:0px;background:transparent;' align='absmiddle'></a>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092062714063070202004-08-09T09:20:00.000-05:002004-08-09T10:13:38.493-05:00CAIT <strong><span style="color:#000099;">Vendor Liability for Security Flaws</span></strong>
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<br />Don Cohn started the meeting with a description of a suggestion for a new project to create a standard set of reps and warrants that companies could demand from software vendors relating to the lack of security flaws in the vendor's products [<a href="http://www.blogger.com/app/" key="'19062" 20href="">Watch 6mb Quicktime Movie of Don</a>]. If you're interested in this as a potential project, please contact Don.
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<br /><span style="color:#000099;"><strong>Assessing the Security Risks of Third Party Vendors</strong>
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<br />Continuing the general subject, <a href="">Michael Fleming</a> then described an existing project that focused on how to conduct due diligence or assessments of third party vendors. GLBA and other laws now require that some companies only use vendors who have demonstrated they are capable of maintaining appropriate safeguards for data.
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<br />Mike demonstrated a sample self-assessment checklist to start the project. It will soon be loaded to the <a href="http://lawplace.metadot.com">LawHub</a>. Given the draft nature of the document, it will not be publicly available until later.
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<br />The interesting twist on this project is that Fleming plans to use a Wiki for group members to comment on and to develop the text for the security document. He showed a live Wiki he has created for the project. This will be a fun way to try out one of the latest collaborative authoring tools. Group members will be able to edit the document, show their edits to others, and the group can "vote" the changes up and down. This will be a fun experiment. <span style="font-family:arial;font-size:78%;">[LINK TO BE POSTED LATER]</span>
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<br />The Wiki is being hosted by <a href="http://www.editme.com">editme</a>.
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<br /><span style="color:#000099;"><strong>Demonstration of the Model Web Site</strong> </span>
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<br />Jason Epstein then demonstrated the current version of the Model Website. It will eventually be packaged as a book and CD combination for publication and sale by the ABA. The Model Web site is intended for use by lawyers and businesses to help them understand the legal challenges involved in operating a Web site to sell goods or services. It contains sample Web pages with annotations and pop-up text to identify issues and suggest ways of resolving them.
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<br />The group was in general agreement that this was one of the most innovative projects we've had in a long time. It's interactive, it breaks our traditinal publication models, and it presents material in a whole new way.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1092056051266294312004-08-09T07:29:00.000-05:002004-08-09T08:02:04.936-05:00ABA Model Trading Partner ProtocolThe group met this morning to enjoy Chocolate (yes, Jamie came through on the advertised promise) and work towards pushing the project across the finish line. The Model Electronic Commerce Trading Partner Covenants (2004) are nearly finished.
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<br />The group today included a few new members, and it also demonstrated a unique phenomenon that many of us enjoy about the Cyberspace Law Committee--the group included private practitioners, law professors, government regulators, representatives of standards-setting bodies, and in house lawyers. Together, they continued to grapple with the challenges of how to create contracts that will actually facilitate commerce and that won't stretch the current legal frameworks too much. Quintessential work of the Cyberspace Law Committee.
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<br />The draft of the 2004 Update is available <a href="http://lawplace.metadot.com/metadot/index.pl?id=2210">here</a>.
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<br />And, because we have the capabilities, but we haven't done it yet, we took <a href="http://home.comcast.net/~michael-mcguire/PICT0009.MOV">a short Quicktime movie</a> at the Working Group meeting. For history's sake. It's safe for viewing at work or in public places.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091999405635528732004-08-08T15:44:00.000-05:002004-08-09T08:20:24.650-05:00Working Group on Electronic Contracting Practices<strong>The Lottery Case
<br /></strong>The Working Group opened its meeting with a discussion of unilateral modifications of contract terms. The first item for discussion was a Michigan case involving the interpretation of a contract for a subscription to a lottery. <u>Paulsen v. Bureau of State Lottery</u>, 421 N.W.2d 678 (Mich.App. 1988). The plaintiff purchased the ability to play the same lottery number for 52 drawings. The contract clearly stated it's terms were subject to the rules and directives of the Bureau of State Lottery. After the contract was signed, the Bureau decided to hold drawings twice a week, rather than once per week. Thus, reducing the period of weeks, but not the number of drawings, in which the Plaintiff would participating in the lottery with their pre-chosen lottery number. The plaintiff relocated before the change in terms occurred and did not receive the mailed notice of the change from the Bureau. Later, the Plaintiff's regular lottery number was selected in a $3.6 million lottery. The Plaintiff notified the Bureau her number was selected. The Bureau responded that her pre-purchased 52 drawings had all been used a few short weeks prior. The Plaintiff sued and lost. The court held the change in the lottery schedule was not an impermissible modification of the contract and that making the contract subject to the rules, regulations, and directives of the Bureau was not unconsciounable.
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<br /><strong>Effective Email Notices
<br /></strong>The group also discussed a recent case in Massachusetts in which the court held that email was not an effective way to provide a binding notice to company employees. See <em><a href="http://www.steptoe.com/index.cfm?fuseaction=DspNewsDetails&id=3314&site_id=182">It's Official--You Don't Have to Read Your Boss's Emails</a></em> (Steptoe & Johnson’s Ecommerce Law Week, 3 July 2004).
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<br /><strong>Elaine's Article
<br /></strong><a href="http://www.skadden.com/index.cfm?contentID=45&bioID=194">Elaine Ziff </a>and Hawa Allan of <a href="http://www.skadden.com/">Skadden Arps</a> distributed a recent paper they concluded for the Working Group on <em><a href="http://lawplace.metadot.com/public/Opt-Out%20Mechanisms%20to%20Obtain%20Customer%20Assent%20to%20Modifications%20of%20.pdf">Using Opt-In or Opt-Out Mechanisms to Obtain Customer Assent to Modifications of Standard Form Electronic Arguments</a></em>. The article contains numerous examples of real situations where these principles were at work.
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<br /><strong>John's Article
<br /></strong>During the meeting, John Tomaszewski commandeered my computer and dug up an old article he wrote many years ago on a similar topic. John P. Tomaszewski, <a href="http://journal.law.ufl.edu/~techlaw/3-2/tomaszewski.html">The Enforceability of Adhesive Arbitration Clauses in International Software Licenses</a>, 3.1 J. Tech. L. & Pol'y 4 <http:>(1997).
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<br /><strong>Novation?
<br /></strong>The Group also mentioned that we may want to look closely at the applicability of the legal doctrine of novation. In other words, when terms change on a Web site, are you modifying a prior agreement or are you entering into a new agreement?
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<br /><strong>Next Steps</strong>
<br />The group will probably begin working on a detailed draft of a PowerPoint presentation for use at the January meeting. We will likely create the presentation draft using the LawHub' collaboration tools. Look for an announcement to the group via the listserve.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091994739016562652004-08-08T14:32:00.000-05:002004-08-09T10:21:52.406-05:00Adware, Spyware Presentation<p>When you get two opposing lawyers from real, pending cases, you almost always have an interesting time. The Adware presentation today was no exception. <a href="http://www.gdclaw.com/insidegdc/whoswho/bio/?contactId=792238a728af8c04">Terrence Ross</a> of Gibson, Dunn, and Crutcher and <a href="http://www.kronishlieb.com/attorney.cfm?attorney_id=134">Celia Goldwag Barenholtz</a> of Kronish Lieb Weiner & Hellman sparred with one another and recapped the debates of many of the cases involved Gator and When U. The audience was treated to a very good debate on the issues.</p><p>The other presenters, Jeffrey K. Rohrs, the President of <a href="http://www.optiem.com/">Optiem</a>, Neil Smith of the <a href="http://www.howardrice.com">Howard Rice</a> firm also provided excellent background. The additional PowerPoint materials from the presentation will soon be avaialble on the LawHub.</p><p><a href="http://www.ealaw.com/index.php?link=page=attorneysAttorneyID=86">John Ottaviani</a> of Edwards and Angell and <a href="http://eric_goldman.tripod.com/">Eric Goldman </a>moderated.</p><p></p><p>The advance presentation materials are available <a href="http://www.abanet.org/buslaw/mo/premium-cl/programs/ann04/38/38.pdf">here</a>. <span style="font-family:arial;font-size:78%;">[ABA Web Site ID Required] <span > </span></span></p>Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091993418552048542004-08-08T13:28:00.001-05:002004-08-08T14:55:06.516-05:00WG on Transferrability of Electronic Financial AssetsAt the Working Group on Electronic Financial Assets' meeting co-chair Linda Rusch gave a presentation on current industry activity with respect to electronic bills of lading and warehouse receipts. Apparently, they are in use in fivc settings, often based on private agreements and special regulatory provisions, rather than relying on the provisions of the UETA and revised Article 7. These settings include the cotton warehousing industry (eCotten), the Bolero system, eCOPS (the New York Board of Trade, for warehousing of coffee and cocoa), transmission of information from shippers to carriers, and an XML program developed for petroleum products. Linda prepared a handout titled <em>Examples of Electronic Document of Title Systems</em>. You can view the document by visiting the <a href="http://lawplace.metadot.com/metadot/index.pl?iid=2096&isa=Category">LawHub page for the Subcommittee on Electronic Financial Services</a> <span style="font-family:arial;font-size:78%;">[Members Only] </span>
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<br />However, the current (and long-standing) problem to be solved is how attorneys can reliably assess whether a computer system meets the "control" test in UCC Article 9, UETA, and E-Sign. Today's discussion focused on how attorneys need to interact with technologists to meet this need, whether to generate a legal opinion, or to perform due diligence, or to examine a witness in a bankruptcy case.
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<br />This question has a real world application to the question of how to rate securities backed by transferable records. Apparently, chattel paper issuers are starting to take advantage of Revised Article 9's rules on electronic chattel paper and securitizing the chattel paper. They need the resulting securities rated and but the question is how to do it. Worse, the law firms for the issuers are not at all sure how to give legal opinions on the systems.
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<br />It was the most entertaining meeting of the working group in years.
<br />Vince Polleyhttp://www.blogger.com/profile/11939466711834283196noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091910759390170142004-08-08T12:02:00.000-05:002004-08-08T13:05:14.486-05:00RFIDRadio Frequency Identification (RFID)
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<br /><a href="http://www.kl.com/professionals/professionals_bio.asp?pid=000000726003">Ben Hayes</a>, of Kirkpatrick & Lockhart, gave an excellent, quick presentation on how RFID technologies are developing and some of the privacy challenges that have been raised. His presentation will be available here soon.
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<br /><img alt="RFID" src="http://home.comcast.net/~michael-mcguire/rfid.JPG" width="350"/>
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<br />He even brought with him samples of the RFID hardware. [The picture shows about 50 small RFID chips in a vial] We were all amazed at how small and cheap the devices are getting. If you have questions, contact Ben at bhayes <@> kl.com.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091976757153316542004-08-08T11:47:00.000-05:002004-08-08T12:34:40.666-05:00CAN SPAMElizabeth Bowles began the presentation with a history of the Spam problem. Being with an ISP, she has a great deal of detail about how much Spam is flowing through the networks, the costs, and burdens it imposes.
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<br />Michael Fleming then gave an overview of the Can Spam Act itself to lay the foundation for the ethical discussions by William Denny and Henry Judy. Hank then gave real life examples of how his firm has developed policies and procedures, and new tools, to comply with the Can Spam Act. The PowerPoint slides contain good Web site screen shot examples.
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<br /><img alt="Elizabeth and Mike" src="http://home.comcast.net/~michael-mcguire/elizabethmike.jpg" width="150" />
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<br /><img alt="Denny" src="http://home.comcast.net/~michael-mcguire/denny.jpg" width="150" />
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<br /><img alt="Hank" src="http://home.comcast.net/~michael-mcguire/hankjudy.jpg" width="150" />
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<br /><p>Program materials are <a href="http://www.abanet.org/buslaw/mo/premium-cl/programs/ann04/28/28.pdf">here</a> <span style="font-family:lucida grande;font-size:78%;">[ABA ID REQUIRED]</span>. The PowerPoint slides are available on the <a href="http://lawplace.metadot.com/metadot/index.pl?id=3185">Law Hub</a> which we invite you to visit, or you can download them directly <a href="http://lawplace.metadot.com/public/Spam%20Presentation_REVISED.ppt">here</a>.</p>
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091979622884172092004-08-08T10:34:00.000-05:002004-08-10T10:13:44.036-05:00A Smattering of Blogs on Law and Technology<strong><span style="font-family:arial;font-size:130%;color:#ffff33;">UPDATED</span></strong> If you're following our blog, we thought you might like to explore some of the blogs out there that relate to law and technology and other interesting things.
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<br /><span style="color:#ff0000;"><strong>Boing Boing</strong></span>
<br /><a href="http://www.boingboing.net">www.boingboing.net</a>
<br />A Directory of Wonderful Things
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<br /><strong><span style="color:#ff0000;">Bloglines</span></strong>
<br /><a href="http://www.blawglines.com">http://www.blawglines.com</a>
<br />Site for searching, subscribing and sharing news feeds
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<br /><strong><span style="color:#ff0000;">Blawgchannel</span></strong>
<br /><a href="http://www.blawgchannel.com">http://www.blawgchannel.com</a>
<br />Great way to find legal blogs (blawgs)
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<br /><strong><span style="color:#ff0000;">LessigBlog</span> </strong>[currently being guest hosted by Tim Wu]
<br /><a href="http://cyberlaw.stanford.edu/lessig/blog">http://cyberlaw.stanford.edu/lessig/blog</a>
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<br /><strong><span style="color:#ff0000;">PDF for Lawyers</span></strong>
<br /><a href="http://www.pdfforlawyers.com/">http://www.pdfforlawyers.com/</a>
<br />How to use PDFs in the practice of law
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<br /><strong><span style="color:#ff0000;">Legal Blogs with XML Feeds</span></strong>
<br /><a href="http://radio.weblogs.com/0104634/stories/2003/02/15/legalSourcesWithXmlFeeds.html">http://radio.weblogs.com/0104634/stories/
<br />2003/02/15/legalSourcesWithXmlFeeds.html</a>
<br />A rather complete list of law-related blogs that provide XML feeds for syndication
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<br /><strong><span style="color:#ff0000;">Portals and KM</span></strong>
<br /><a href="http://billives.typepad.com/portals_and_km/">http://billives.typepad.com/portals_and_km/</a>
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<br /><strong><span style="color:#ff0000;">The Importance Of</span></strong>
<br /><a href="http://www.corante.com/importance"><span style="color:#000000;">http://www.corante.com/importance</span></a>
<br /><span style="color:#000000;">Innovation, Creativity, Law</span>
<br /><strong><span style="color:#ff0000;"></span></strong>
<br /><strong><span style="color:#ff0000;">Tech Law Advisor</span></strong>
<br /><span style="color:#000000;"><a href="http://techlawadvisor.com">http://techlawadvisor.com</a></span>
<br /><strong><span style="color:#ff0000;"></span></strong>
<br /><strong><span style="color:#ff0000;">Payments News</span></strong>
<br /><a href="http://www.paymentsnews.com">http://www.paymentsnews.com</a>
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<br /><strong><span style="color:#ff0000;">InternetPolicy.net</span></strong>
<br /><a href="http://gipi.typepad.com/internetpolicy/">http://gipi.typepad.com/internetpolicy/</a>
<br />Weblog of the Global Internet Policy Initiative (GIPI)
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<br /><strong><span style="color:#ff0000;">Privacy.org</span></strong>
<br /><a href="http://www.privacy.org">http://www.privacy.org</a>
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<br /><strong><span style="color:#ff0000;">Technology Review</span></strong>
<br /><a href="http://www.technologyreview.com/blog/index.asp">http://www.technologyreview.com/blog/index.asp</a>
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<br /><strong><span style="color:#ff0000;">CopyFight</span> </strong>
<br /><a href="http://www.corante.com/copyfight">www.corante.com/copyfight</a>
<br />IP and Internet issues
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<br /><strong><span style="color:#ff0000;">Excited Utterances</span> </strong>
<br /><a href="http://excitedutterances.blogspot.com/">http://excitedutterances.blogspot.com/</a>
<br />Law firm knowledge management
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<br /><strong><span style="color:#ff0000;">Greplaw</span> </strong>
<br /><a href="http://grep.law.harvard.edu/">http://grep.law.harvard.edu/</a>
<br />Internet law developments
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<br /><strong><span style="color:#ff0000;">LawMeme</span> </strong>
<br /><a href="http://research.yale.edu/lawmeme">http://research.yale.edu/lawmeme</a>
<br />Technology issues
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<br /><strong><span style="color:#ff0000;">TechLaw Advisor</span> </strong>
<br /><a href="http://techlawadvisor.blogspot.com/">http://techlawadvisor.blogspot.com/</a>
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<br /><span style="color:#ff0000;"><strong>Ernie the Attorney</strong></span>
<br /><a href="http://www.ernietheattorney.net/">http://www.ernietheattorney.net/</a>
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<br /><strong><span style="color:#ff0000;">Bag and Baggage</span> </strong>
<br /><a href="http://bgbg.blogspot.com/">http://bgbg.blogspot.com/</a>
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<br /><strong><span style="color:#ff0000;">Cyberspaces: Words-Not-Deeds</span> </strong>
<br /><a href="http://www.cyberspaces.org/webzine">http://www.cyberspaces.org/webzine</a>
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<br />Use the comment feature below to suggest additional blogs to add to the list.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091977633381291582004-08-08T09:55:00.000-05:002004-08-08T10:20:50.543-05:00There's Always CoffeeContinuing a new Cyberspace Law Committee tradition, I locate the best coffee shops in the towns where we have meetings, and I force a few people to come with me. Last nigth after Pura Vida, I forced Jackie Scheib, Mike Gordon, and Ben Beard to join me in a late night cup of excellent java at San Francisco Coffee Roasters. True artisanal coffee roasters with a barista capable of creating art with the pour.
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<br /><img width="300" alt="A Great Pour" src="http://home.comcast.net/~michael-mcguire/sanfrancoffee.jpg">
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<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091973351976597382004-08-08T08:48:00.000-05:002004-08-08T08:55:51.976-05:00CLC Forum -- The VoIP Revolution and Key Effects on Legal PracticeHave you ever used your computer to make a phone call? No? Have you ever used it to send instant-messages? Well, IM technologies (which typically also include a voice option) are exactly those used in providing Voice-over-Internet-Protocol (VoIP) service. This morning's panel of Federal and State regulators, ISPs and telcos, generally seems in agreement that low barriers to entry, an intense competitive environment, and the certainty of rapid technological change all should support a hands-off stance for the regulators. Still, some State PSCs have begun general regulatory efforts, and there is nearly universal agreement that VoIP services should help fund "universal service" policies.
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<br />Even in a hands-off context (for as long as that lasts), here are some of the issues: conflicts among/between various PSC who DO begin to regulate; how to provide 911 or other emergency services?; should law enforcement interception of VoIP voice-traffic be facilitated by ISPs and other VoIP providers, and how can smaller providers bear the associated costs?
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<br />The Cyberspace committee's VoIP initiatives (currently jointly housed under the subcommittees on Connectivity and Internet Law) certainly will continue and evolve. If you'd like to learn more, first login to the Committee's <a href="http://lawplace.metadot.com">LawHub</a> (free registration required, but available only to Committee members) and then click <a href="http://lawplace.metadot.com/metadot/index.pl?iid=2789&isa=Category">here.</a> Or, contact any of the following (the co-chairs of the two cyberspace parent committees): <a href="mailto:richard.keck@troutmansanders.com">Richard Keck,</a> <a href="mailto:dsatola@worldbank.org">David Satola</a>, <a href="mailto:judyhl@kl.com">Hank Judy</a>, or <a href="mailto:tlaudise@tpwlaw.com">Tom Laudise</a>.
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<br />Vince Polleyhttp://www.blogger.com/profile/11939466711834283196noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091971864739990662004-08-08T08:32:00.000-05:002004-08-08T08:58:29.960-05:00IP Subcommittee MeetingThe IP Subcommittee, chaired by <a href="http://eric_goldman.tripod.com/">Eric Goldman</a> and <a href="http://www.ealaw.com/index.php?link=page=attorneys%7CAttorneyID=86">John Ottaviani</a> had an early morning meeting. Quite lively despite the hour. Turning first to the subcommittee's open source project, Ottaviani announced the subcommittee has completed a review of over 50 open source licenses. Discussions on what to do with this vast body of knowledge focused on organizing the data for use in other projects, providing a resource for lawyers doing M&A due diligence; and providing a survey of open source license types for companies thinking of using an open source licensing structure.
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<br />The subcommittee's e-mail newletter, <a href="http://www.buslaw.org/cgi-bin/controlpanel.cgi?committee=CL320010&info=Newsletter">CIPerati</a>, is now on its fourth issue. Edited by <a href="mailto:jeisenberg@manatt.com">Jonathan M. Eisenberg</a> and <a href="mailto:crutenberg@manatt.com">Craig S. Rutenberg</a> of <a href="http://www.manatt.com/" target="_blank">Manatt, Phelps & Phillips</a>
<br />each newsletter has featured 3-4 really great practical articles. The link above can be used to view the back issues or subscribe if you are not currently getting the newsletter.
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<br />New articles are always needed for CIPerati and anyone interested in submitting should contact Eric, John, Jonathan or Craig. CIPerati is a great way to republish one of those articles written for a firm website or newsletter.
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<br />The meeting also included a great discussion on the subject of clients' problems with search engines (read Google) and the funny games they play. Words like "Google bombing" and "bridge pages" were tossed around with utter abandon. Apparently, a number of the participants have had a lot of client activity in this area and the subcommittee will be looking at potential projects. Volunteers are always welcome.
<br />Warren Aginhttp://www.blogger.com/profile/11060032270112581453noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091969450949559712004-08-08T07:50:00.000-05:002004-08-08T08:10:42.566-05:00Long Live Pura VidaThe group had a very fun evening last night at <a href="http://www.puravidatapas.com">Pura Vida</a> for the Annual Cyberspace Law Committee Dinner. Congratulations to Ms. Scheib (we're in Georgia afterall) on her efforts to set up the dinner.
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<br /><img width="100" src="http://www.rc.com/images/Bios/Photos/SCHEIBphoto.jpg" />
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<br />The food was great. My only criticism was that the wine, beer, and sangria was flowing a bit too freely.
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<br />Thanks as well to Hank Judy, a partner at the law firm of <a href="http://www.kl.com">Kirkpatrick and Lockhart</a> that graciously donated funds to help keep the costs of the dinner as low as possible for the Committee. Thanks Hank, and thanks K&L.
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<br /><img width="100" src="http://www.kl.com/files/tbl_s40AttorneyBio/PhotoUpload248/11120/Judy_Henry.jpg">
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<br />We'll have pictures later, as soon as we find a one hour photo developing place that's open on Sundays in downtown Atlanta.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091908615545130792004-08-07T14:53:00.000-05:002004-08-07T15:34:23.476-05:00Getting Paid in the 21st CenturyAs a lawyer who doesn't understand the laws of gift cards, gift certificates, money transmitter laws, and other seemingly arcane and esoteric areas of the law, this program was great. I came away with the following general conclusions:
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<br /><ol><li>I'm never going to operate anything that might walk, talk, or quack like a money transmitter operation.</li><li>If a client ever does anything like that, I'm not going to be their lawyer; I'd screw it up.</li><li>Gift cards may be riskier than I thought.</li><li>States don't seem to understand these issues very well, but they sure seem to be passing a lot of laws on the topics.</li><li>More laws are coming. They will probably be worse, and cause even more confusion.</li><li>If you're in the business of moving a lot of cash (like the US Govt), you can save a lot of money by switching to stored value cards.</li></ol><p>Here are the <a href="http://www.abanet.org/buslaw/mo/premium-cl/programs/ann04/20/20.pdf">program materials</a>. <span style="font-family:lucida grande;font-size:78%;">[ABA ID REQUIRED]</span></p>
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091893163054910542004-08-07T10:20:00.000-05:002004-08-07T10:39:23.056-05:00Consumer Protection working group projectsAfter several years co-chairing the working group, Jean Braucher and Mark Budnitz have handed over the reins to <a href="http://www.unc.edu/%7Eclif/">Don Clifford</a> from the Univ. of North Carolina. When you see Jean and Mark, be sure to thanks them for their pioneering work. Come meet and welcome Don at the January 2005 winter working meeting in Palo Alto.
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<br />The extant consumer online shopping educational resource, <a href="http://www.safeshopping.org">SafeShopping</a>, was developed by the working group in 1999/2000, and is widely used by consumers (especially around holiday shopping periods). It's time to take another look at the site to make sure that it remains a relevant, accurate resource. If you're interested in participating (or if you spot errors there or have ideas for additions), please contact Don or <a href="mailto:lawmeb@langate.gsu.edu">Mark</a>. Also, we're considering asking other organizations (like Consumers Reports, the consumer-protection divisions in State Attorneys Generals offices, etc.) to link to SafeShopping.org (as has been done by BBBonline).
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<br />Adware/spyware, SPAM, computer viruses and firewalls -- consumers are afflicted by these, but without in-house support from sophisticated corporate/lawfirm IT organizations. Much like SafeShopping.org, the working group is assessing a new project to develop consumer education tools, information, and other resources that will demystify these areas and help consumers protect themselves. Mark and Don are beginning to outline the scope of this project -- please email them with suggestions (e.g., should the project also deal with identity-theft?).
<br /><a href="http://www.safeshopping.org"></a>Vince Polleyhttp://www.blogger.com/profile/11939466711834283196noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091890212830017362004-08-07T09:47:00.000-05:002004-08-07T09:50:12.830-05:00Join the Law HubThe Cyberspace Law Committee has an informal pilot Web space that it uses to exchange information, host discussions, etc. If you aren't already a member, check it out. <a href="http://lawplace.metadot.com">http://lawplace.metadot.com</a> . If you would like to become a member, contact Vince Polley at vpolley <@> slb.com.
<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091889584664807392004-08-07T09:37:00.000-05:002005-11-20T16:54:05.956-05:00Vince's New Gig<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://photos1.blogger.com/blogger/8160/67/1600/Vincent%20Polley%20BC%20Jay%20Jax%208k04.jpg"><img style="margin: 0pt 10px 10px 0pt; float: left; cursor: pointer;" src="http://photos1.blogger.com/blogger/8160/67/320/Vincent%20Polley%20BC%20Jay%20Jax%208k04.jpg" alt="" border="0" /></a><br />After his pending retirement from Schlumberger, Vince will get fully behind his new business venture. He'll be heading up a new Knowledge Management company called <a href="http://www.knowconnect.com/">KnowConnect</a>.Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.comtag:blogger.com,1999:blog-7761117.post-1091888797348907302004-08-07T09:15:00.000-05:002004-08-07T09:46:30.426-05:00Cybersecurity and Privacy Subcommittee<strong><span style="color:#000099;">Information Security Guidebook for Directors</span></strong>
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<br />Marc discussed one possible project that was discussed at the Winter Working Meeting to create a guidebook of sorts for corporate directors that identifies information security risks and gives them tools to help manage those risks.
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<br />If you're interested, contact Marc (see contact information below). You can also track developments on the <a href="http://lawplace.metadot.com/metadot/index.pl?iid=2097&isa=Category">Law Hub page dedicated to this Subcommittee</a>.
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<br /><strong><span style="color:#000099;">Cybersecurity Summitt</span></strong>
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<br />Before the meeting, <a href="http://www.itpolicysolutions.com/">Marc Pearl</a>, Co-Chair of the Subcommittee distributed a a working draft template proposal for the Cyber Security and Privacy Summit that our Cyberspace Committee Task Force has been discussing. Hank Judy, our co-chair, Ray Gustini, and Marc have been working on developing this proposal that would bring together some of the critical sector entities for a one-day invitation-only program to discuss in small facilitated groups new conceptual approaches to the business and policy issues surrounding information-sharing, data collection/distribution, the balancing of security and privacy rights, etc.
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<br />They hope to hold the event in early 2005 and therefore need to begin to put the pieces together as soon as possible. A sub-group of the Task Force will meet during the ABA Meeting in Atlanta on Saturday, August 7th in the Atlanta Hilton's Grand Ballroom A - 2nd Floor - immediately following the "Getting Paid in the 21st Century" program - at approximately 4:30pm to begin planning for the Summit.
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<br />Please let Marc know if you have comments on the "template-in-progress." In particular, think about procedural issues (such as possible co-hosts, location, timing, etc), as well as the possible sector experts to invite to participate in the Summit.
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<br />If you would like a copy of the proposal, contact Marc at mpearl <@> itpolicysolutions.com . You can also view <a href="http://lawplace.metadot.com/metadot/index.pl?iid=3171&isa=Category">information about the Summitt on the Law Hub</a>. Or, you can track him down at the meeting and talk to him here. He looks like this:
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<br /><img height="100" alt="Marc Pearl" src="http://www.itpolicysolutions.com/images/marcpic.jpg" width="80" />
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<br />Michael McGuirehttp://www.blogger.com/profile/01991626559916383478noreply@blogger.com