For businesses, is there an obligation in the United States to do anything more than simply have a privacy policy?  The answer is not much of an obligation at all. Put another way, is it simply a question of disclosure – so long as a business tells users what it intends to do with their [...]

Unlike traditional newsroom journalists, “citizen journalists” have no formal way to ensure that everyone maintains similar quality standards.  Which does not mean that quality standards are necessarily (or consistently) maintained at traditional newsrooms, but rather that a traditional hierarchical editorial structure imposes at least theoretical guidelines. By definition, citizen journalism’s inherent difference from the traditional [...]

One unintended consequence of the accelerating popularity of HTML5 for mobile app development is an ability to skate past Apple’s App Store restrictions on in-app sales.  So I put this question to Piotr Steininger of Tapangi Consulting: There’s talk out there about being able to use HTML5 to get around Apple’s App Store ban on [...]

Earlier this month, Dropbox spawned a new kerfuffle in internet-land with changes to its Terms of Service (TOS). The outrage was fast and furious.  A nice deal of blog and Tumblr and other commentary zeroed in on changes Dropbox announced to its TOS before the 4th of July holiday, and in particular how this or [...]

You go into a conversation from a lawyer’s perspective, expecting the discussion to be all about “ownership, ownership and ownership”.  You might expect app and other software developers to focus on nothing other than ownership. Many times you’d be wrong.  One problem with ownership: Misidentification of value. As Dan Berger of Social Tables pointed out, [...]

A privacy policy?  Who needs a privacy policy?  Privacy is a mess.  You’re building an online business, and you figure you have to have a privacy policy.  But why?  Is “because everyone else has one” a good enough reason?  Ever wonder what you really need to know about privacy law?  I mean … what you [...]

Podcast #1: December 30, 2010 [Audio clip: view full post to listen] In today’s podcast, we discuss the Federal Trade Commission’s recently issued privacy proposals. My guest is Karen Neuman, a founding partner of St. Ledger-Roty Neuman & Olson LLP, a Washington, DC law firm that focuses on regulation of information technologies and communications law, [...]

What is the legal significance of a website’s privacy policy? That question lingers when reviewing such policies for legal compliance and for consistency with a company’s actual practices.  Problem is, lawsuits involving claims of breaches of privacy policies have failed even in cases of clear and egregious violations by the service provider, where there was [...]

Last week, Facebook joined the social media craze of “checking in,” with its new service called Places. The move indicates an increasingly popular trend, pioneered by services like Four Square. Whether at a famous historical landmark or their local Starbucks, people use location check-ins to let friends know where they are and earn badges for [...]

First, what data?  This comes up in various contexts.  First example: an agency contracts with an ad campaign client for marketing, issue advocacy, corporate branding, what have you.  It used to be that creative was a “work for hire” (or assumed to be) owned by the advertising client.  With some sort of understanding that the [...]