Can Law Firms Spam?

The CAN-SPAM Act of 2003 presents a compliance problem for law firms that issue periodic newsletters to clients or prospective clients. While the Act does not expressly include such newsletters, nor define commercial advertisement in a manner that suggests newsletters will be included, the advisory opinions from state ethics boards suggest that newsletters are advertisements. Arguments can be made that newsletters to current clients are not advertisements. However, given the low cost of compliance with the Act, firms should treat these newsletters as commercial advertisements and adhere to the provisions of the Act

The Future of Wireless Spam

Though US cellular networks currently lack the capacity for widespread distribution of unsolicited wireless advertising (wireless spam), these advertisements are already well known in Japan and Europe, where they have proven to be a significant burden on cellular users. This iBrief examines the recently ratified legislation in Japan and Asia that have attempted to stop the glut of wireless advertisements, as a foreshadowing of the problems and questions that will soon have to be addressed in the United States

Marketing, Consumers and Technology: Perspectives for Enhancing Ethical Transactions

The advance of technology has influenced marketing in a number of ways that have ethical implications. Growth in use of the Internet and e-commerce has placed electronic cookies, spyware, spam, RFIDs, and data mining at the forefront of the ethical debate. Some marketers have minimized the significance of these trends. This overview paper examines these issues and introduces the two articles that follow. It is hoped that these entries will further the important marketing and technology ethical debate

The ACMA’s international engagement - regulating in a globalised communications and media environment

The ACMA’s overriding purpose is to make communications and media work in the public interest, and its international engagement is central to achieving this. The role of international engagement in both protecting and promoting Australia’s communications and media interests is reflected in the legislation the ACMA administers - particularly for spectrum management, telecommunications and radiocommunications standards-setting, unsolicited communications and cybersecurity, and online content. These areas of the ACMA’s work span jurisdictional boundaries, often making it necessary to engage with international bodies and overseas regulators to develop effective responses to the challenges they raise. The ACMA and its predecessors have been engaging with overseas organisations and in international fora for many years. However, the continued global integration of communications and media markets and services, and the disruptive impacts of digital technologies is driving the need for greater collaboration and cooperation between countries. The ACMA is one of many communications and media regulators around the world looking to maximise the social and economic benefits of digital technologies through developing best-practice responses to these challenges. International engagement is an important way the ACMA advances policies and programs that will help to reduce harms and promote outcomes in the interests of Australian business and the community. For example, the ACMA’s international engagement aims to prevent cybersecurity threats and unsolicited communications at the source country through entering bilateral and multilateral arrangements to support a safer networked environment. And, along with other international regulators, the ACMA is looking to ensure that sufficient spectrum is available to cater for the expected growth in mobile broadband services through regional and global harmonisation to foster innovation and productivity within the Australian communications sector. Through engaging with overseas regulators and other international bodies, the ACMA can learn from their experiences and enhance its own regulatory practice. In so doing, the ACMA ensures its decisions and approaches reflect world’s best practice, and as an organisation it is well positioned to respond to the pressures and demands of the evolving environment in which it operates

Plan Now for Managing Electronic Data and Avoid Tomorrow’s Legal Risks

[Excerpt] In a world where the use of electronic data is rapidly increasing, companies must find ways to manage data now so that they effectively control compliance risks. The proliferation of electronic data is both astonishing and overwhelming. Given the storage power of average computers today, even the most modest mom-and-pop business may have electronic storage capacity equivalent to 2,000 four-drawer file cabinets. The task of managing electronic data is further compounded by the fact that the data is no longer just tangible pieces of paper, but rather are bytes of information that are constantly being edited, changed, and updated from different people and sources. Proper archiving, retention, monitoring, filtering, and encryption of electronic data are no longer optional: they are imperative

The Benefits and Costs of Online Privacy Legislation

Many people are concerned that information about their private life is more readily available and more easily captured on the Internet as compared to offline technologies. Specific concerns include unwanted email, credit card fraud, identity theft, and harassment. This paper analyzes key issues surrounding the protection of online privacy. It makes three important contributions: First, it provides the most comprehensive assessment to date of the estimated benefits and costs of regulating online privacy. Second, it provides the most comprehensive evaluation of legislation and legislative proposals in the U.S. aimed at protecting online privacy. Finally, it offers some policy prescriptions for the regulation of online privacy and suggests areas for future research. After analyzing the current debate on online privacy and assessing the potential costs and benefits of proposed regulations, our specific recommendations concerning the government's involvement in protecting online privacy include the following: The government should fund research that evaluates the effectiveness of existing privacy legislation before considering new regulations. The government should not generally regulate matters of privacy differently based on whether an issue arises online or offline. The government should not require a Web site to provide notification of its privacy policy because the vast majority of commercial U.S.-based Web sites already do so. The government should distinguish between how it regulates the use and dissemination of highly sensitive information, such as certain health records or Social Security numbers, versus more general information, such as consumer name and purchasing habits. The government should not require companies to provide consumers broad access to the personal information that is collected online for marketing purposes because the benefits do not appear to be significant and the costs could be quite high. The government should make it easier for the public to obtain information on online privacy and the tools available for consumers to protect their own privacy. The message of this paper is not that online privacy should be unregulated, but rather that policy makers should think through their options carefully, weighing the likely costs and benefits of each proposal.

Stop the Abuse of Gmail!

Gmail, a highly anticipated webmail application made by Google, has been criticized by privacy advocates for breaching wiretapping laws, even before its release from beta testing. Gmail\u27s large storage space and automated processes developed to scan the content of incoming messages and create advertisements based on the scanned terms have enraged privacy groups on an international level. This iBrief will compare Gmail\u27s practices with its peers and conclude that its practices and procedures are consistent with the standards of the webmail industry. The iBrief will then propose additional measures Gmail could institute to further protect webmail users\u27 and alleviate the concerns of privacy advocates