Cnet Judge tosses online privacy case By Paul Festa Staff Writer, CNET News.com http://news.com.com/2100-1023-5234971.html The dismissal of lawsuits brought against Northwest Airlines has online privacy advocates renewing calls for federal privacy legislation. In a decision dated June 6, U.S. District Court Judge Paul Magnuson ruled that seven consolidated class action lawsuits against Northwest had no merit--in part because the privacy policy posted on the airline's Web site was unenforceable unless plaintiffs claimed to have read it. The plaintiffs had contended that the airline, in giving passenger information to the government in the wake of the Sept. 11, 2001, terrorist attacks, violated laws and its own privacy policy. http://news.com.com/Privacy+advocates+protest+Northwest+dismissal/2100-1023_3-5234971.html?tag=nefd.top ( United Kingdom: Court of Appeal Decision Restricts Meaning of "Personal Data" Under the U.K. Data Protection Act 11 June 2004 Article by Jonathan Nugent The UK Court of Appeal issued judgment in December 2003 in the case of Durant v. Financial Services Authority. The judgment provides important guidance on the meaning of "personal data" under the UK Data Protection Act 1998 ("DPA"), which implements the EU Data Protection Directive 96/46/EC, and provides guidance on responding to requests for access to information and documents under the subject access provisions of the DPA. http://www.mondaq.com/article.asp?articleid=26615 ( Australia: Potential Further Restrictions on Monitoring of Employee Email And Internet Use By Anthony Longland, Alicia Taranto and Anna Oldmeadow An exposure draft concerning the regulation of surveillance of employees at work has recently been released for public comment by the New South Wales Attorney-General. http://www.mondaq.com/article.asp?articleid=27179 Commissioners Findings PIPED Act Case Summary #259 A bank required two specific pieces of identification as well as additional information in order to issue a bank card http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040127_e.asp Commissioner’s Findings PIPED Act Case Summary #260 An individual objects to her name and address being sold to third parties http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040204_e.asp Commissioner’s Findings PIPED Act Case Summary #261 A promotional technique that is not good privacy practice http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040211_e.asp Commissioner’s Findings PIPED Act Case Summary #262 Airline agrees to amend privacy policy http://www.privcom.gc.ca/cf-dc/2004/cf-dc_040227_e.asp United States: Second Circuit Affirms Bar To Datamining Domain Name Registrar 15 July 2004 Article by Jocelyn W. Brittin To the joy of countless consumers tired of spam, telemarketing and other unsolicited mass-marketing techniques, the Second Circuit Court of Appeals recently affirmed the decision enjoining the harvesting of domain name registrations from the public domain name databases of Register.com for marketing purposes. (Register.com v. Verio Inc., Docket No. 00-9596, 2nd Circuit, 2004) Register. com is a domain name registrar, appointed by the Internet Corporation for Assigned Names and Numbers. The injunction prevents Verio, Inc. from using its software "robot" to datamine Register.com’s WHOIS database to collect contact information relating to registrations of domain names which Verio then uses for marketing its Web development services. One aspect of the case particularly significant to Internet users and e-commerce businesses is the decision regarding when "term of use" of a Web site becomes contractually binding upon visitors to the site. http://www.mondaq.com/article.asp?articleid=27213 United States: Using Stolen Password To Access Web Site Does Not Breach Digital Millennium Copyright Act 13 July 2004 Article by Daniel K. Hampton Jr Originally published July 6, 2004 A recent case from the United States District Court for the Southern District of New York has ruled for the first time on a significant issue pertaining to the scope of the Digital Millennium Copyright Act (DMCA) - whether unauthorized use of a valid password to access a secure Web site violates the DMCA. In I.M.S. Inquiry Management Systems Ltd. v. Berkshire Information Systems, Inc., the court decided that the DMCA does not prohibit such unauthorized access. http://www.mondaq.com/article.asp?articleid=27209 The Star-Ledger Altria scolded and fined $2.75 million The federal judge overseeing the government's racketeering case against the tobacco industry scolded Altria Group and its Philip Morris USA unit for destroying potential evidence and fined them $2.75 million. http://www.nj.com/business/ledger/index.ssf?/base/business-7/109048280718580.xml Investors Business Daily Altria slapped with $2.75 million fine By William Spain Last Updated: 7/21/2004 6:34:51 PM CHICAGO (CBS.MW) -- The federal judge overseeing the government's $280 billion racketeering case against Big Tobacco slapped Philip Morris USA with a $2.75 million fine Wednesday for losing documents relevant to the case. http://www.investors.com/breakingnews.asp?journalid=22276974&brk=1 Akron Beacon Journal Appeals court says pleadings are public records Associated Press DAYTON, Ohio - An appeals court has ordered a judge to retrieve records he removed from a case he had sealed, saying court pleadings are public records unless they fall under one of the exemptions of Ohio's public records law. http://www.ohio.com/mld/beaconjournal/news/state/9215740.htm?1c Dayton Daily News State appeals court orders judge to open records that he sealed Decision says pleadings are in public domain By Rob Modic Dayton Daily News DAYTON | A state appeals court declared Wednesday that court pleadings are public records and ordered a Common Pleas judge to retrieve records he had illegally removed from a case he had sealed. http://www.daytondailynews.com/localnews/content/localnews/daily/0722sealed.html? EMC Blending Content, Storage By Clint Boulton July 22, 2004 Delivering on its promise to blend content management with storage management after its purchase of Documentum last year, EMC (Quote, Chart) issued new software Thursday to help companies shuttle data across their computer systems. www.internetnews.com/storage/article.php/3384571 Computerworld Protecting the data jewels Bob Violino, Computerworld, 22/07/2004 15:17:26 In the casino industry, one of the most valuable assets is the dossier that casinos keep on their affluent customers, the high rollers. But last year, casino operator Harrah's Entertainment filed a lawsuit charging that a former employee had copied the records of up to 450 wealthy customers before leaving the company to work at competitor Thunder Valley Casino. The complaint said the employee was seen printing the list -- which included names, contact information and credit and account histories -- from Harrah's database. It also alleged that he tried to lure those players to Thunder Valley. The employee denies the charge of stealing Harrah's trade secrets, and the case is still pending, but many similar cases have been filed in the past 20 years, legal experts say. http://www.computerworld.com.au/nindex.php/id;1183202911;fp;16;fpid;0 -- Peter A. Kurilecz CRM, CA Richmond, Va [log in to unmask]