Friday, April 08, 2005

BiPartisan Tyrant Act of 2002 - FEC seeks comments

Federal Election Commission Released Proposed Rules Regulating Internet Use In Campaign Financing

The Federal Election Commission released for public comment proposed rules regulating paid political advertising on the Internet.

The Commission proposed the rules in response to the federal District Court opinion in Shays v. Federal Election Commission, in which the court held that the Commission had no authority under federal campaign finance law to deliberately exclude the Internet from the scope of its campaign finance rules. According to news reports, a draft of the proposed rules presented to the Commission would have regulated political weblogs, but the Commission scaled back the rules in response to public outcry.

The proposed rules are available here.

The above information comes from
Brown Raysman Millstein Felder & Steiner LLP. They periodically send out a newsletter on 'technology and Internet law recent developments.'

From the same source, also on bloggers:

Regardless Of Status of Bloggers As Journalists, Trade Secret Owner Is Entitled To Discovery Directed At Source Of Online Disclosures

Apple Computer is entitled to discovery directed at an e-mail service provider for a Web site that published confidential information regarding its product introduction plans. Apple Computer, Inc. v. Doe 1, No. 1-04-CV-032178 (Cal. Super. Ct. Santa Clara Cty March 11, 2005). The court found that the computer company had made out a prima facie case that the published nformation was protected under state civil and criminal trade secret protection law, and that it took "adequate steps by way of internal investigation" before seeking
discovery from external sources. The court concluded that California trade secret law applied to the disclosures, regardless of whether the anonymous parties that disclosed the information were journalists, bloggers or anyone else."

The opinion is available at

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