Law and Public Policy

Articles relating to the law and public policy.

Search engines and judges

May 14, 2004

Jeff Beard has a good article about issues related to judicial use of search engines. The Cnet article which Beard cites has several examples of how Google has appeared in many cases where judges have done outside research on issues and citations of Google in opinions and the courtroom.

This is just one area where the increasing use of search engines will intersect with the law. When I was going through the interview process for my current job someone from my new employer did a google search on my name and visited this site. Similarly when I was on the other side of the table interviewing a candidate recently they had conducted a similar search and also arrived at this site. What many non-system administrator types may not know is that when they do this I get a record of the exact terms they used to search for the information. It does not take a great deal of imagination to reach a hypothetical situation where someone does a search on my name and combines it with a term I deem to be discriminatory leading to my deciding the reason I didn't get a job had to do with some such search.

Ignoring State Charity Laws?

February 25, 2004

About.com has a good article about "countless charities" ignoring state solicitation laws. Quick test for webmasters - do you know what your state's laws say about soliciting charitable donations online? Many charitable organizations fail to follow the rules offline as well as online. I can't count the number of charities with collection jars at various small convenience stores. Only occasionally when I see them do they have the statements that are required by Colorado law. I would hazard a guess that many well-meaning boards of directors and corporate executives for charitable organizations don't know the laws exist.

Privileged Communication?

February 20, 2004

An email list I'm on ends every message (well really only some of them as the list server is not set up properly):

All e-mail sent through XXXXXXXXX's e-mail lists is considered privileged and confidential, and is intended only for the individuals or entities named above.

I wonder how many people believe there is some sort of actual weight to this boiler plate disclaimer. 'lectlaw defines privileged quite well. The definition includes the important fact that "to qualify for privileged status, communications must generally be made in a private setting." Therefore any e-mail sent to a mailing list is not privileged.

Passing Zone

January 28, 2004

While we're on the topic of laws to require people to do what they are supposed to. Colorado House Bill 1076 would make it illegal to ride in the left lane. It would return the passing lane to being a passing lane. Imagine.

Disclosure Requirements for Tax Exempt Orginizations

December 7, 2003

I was a part of a discussion tonight about the disclosure requirements for tax-exempt organizations. There are two publications by the IRS on the matter. They are publication Publication 4221 and Publication 557. The key point is this:

A 501(c)(3) organization must make certain documents available for public inspection and copying upon request and without charge (except a reasonable charge for copying). The organization must disclose its exemption application (Form 1023) along with all supporting documents and a copy of the exemption ruling letter issued by the IRS.

Oops

October 28, 2003

Groklaw has been covering the SCO vs. IBM lawsuit. In the latest rejoinder SCO claims that "The GPL violates the U.S. Constitution, together with copyright, antitrust and export control laws, and IBM's claims based thereon, or related thereto, are barred."

If I'm not mistaken SCO has been distributing Linux for some time now. I guess they are knowingly and willingly a participant in violating the Constitution, export control and antitrust laws. How much more culpable is a company who knowingly violates the laws.

SLAPP Suit Gone Bad

September 10, 2003

Wired: EmarketersAmerica.org a group of anonymous e-mail marketers who had earlier sued anti-spam groups wants to drop the suit. The anti-spam groups, however, are asking a judge to do otherwise. The anti-spam groups see the move as an attempt to avoid paying the legal fees of the group. They have asked the case be decided on its merits.

Telco vs. RIAA

August 1, 2003

SBC today filed suit in an attempt to stop "a flood of recording-industry court orders that seek to track down Internet users who might be illegally copying music."

Meanwhile Senator Norm Coleman, chairman of the Senate's committee on investigations, called for an investigation of RIAA's tactics.

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