opinions, everybody's got one...
Saturday, November 22, 2003
spam in the house
Would the risk of five years in prison stop someone from sending spam? A bill that passed through the US House of Representatives today, and which could see Senate action next week might make that a serious question for senders of unsolicited mail to ponder. Yesterday's House Committee on Energy and Commerce has more details upon what the House version of what the anti-spam legislation will do.
Hopefully, we will leave behind the ill-advised Senate name for their version of the legislation which is S.877, Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or as it is more commonly referred to, CAN-SPAM). The intent might be to "can" spam, as in throw it away, but the word "can" might also be easily interpreted as "enabling" spam.
Will this federal law regulating spam remove from states the power to do so? States with stricter enforcement, and rights for individuals to persue private enforcement actions. Is the problem that there's too much unregulated spam, or just too much spam in general?
JFK in Delaware 40 years ago
I never felt the need to ask why the 12 mile stretch of Interstate 95 that goes through Delaware is known as the John F. Kennedy Memorial Highway. I wasn't aware that he had visited the State to help open the roadway:
Eight days before his assassination, President John F. Kennedy made his seventh and last speaking engagement in the First State. He visited Delaware and Maryland by helicopter on a windy November day to cut the ribbon on the state's new superhighway - I-95. The ceremony was on the median strip at the state line.
Internet payment squabble in Delaware Court
Delaware District Court was the recipient of a complaint filed by AT&T against eBay over Paypal in a patent infringement lawsuit over electronic payments.
The nice thing about Paypal is that it enables the growth of ecommerce by providing a reliable third party to help a commercial transaction take place. We'll be keeping an eye on this case.
Thursday, November 20, 2003
law school spam
The web is transforming law school curriculums in wired and wonderful ways. This last summer, Law Professor David Sorkin taught a class on spam that sounded like a lot of fun. Then again, maybe I say this because, according to the syllabus (pdf), one of the ways of meeting the graded requirements for the class was to build an interactive web site on some aspect of the subject.
I'm tempted to do that without even taking the class. (via cre8asiteforums).
Legal Information Website Gets The Close Eye
We have been notified that the use of pictures of the judiciary on the general information pages concerning the Delaware courts may raise some ethical issues.
As a review of the breadth of the law office site will reveal, we try to provide significant general legal information to the public, and to our clients. As a part of this general information, we have a page which outlines the Delaware Court System, the Delaware Supreme Court, the Chancery Court, the Superior Court, and the Justice of the Peace Courts, among others. On these pages we describe the general jurisdiction and function of the court and provide a link to the court's website. In addition, we have placed pictures of the judges on those courts (although some of them need to be updated due to changes on the bench). The pictures were copied without permission from the official court websites. It is these pictures which have given rise to the questions with which we now struggle.
As an interim measure, I have posted the following Notice on each referenced page, and republish it here:
NOTICE: The information on this site regarding Courts and Judges is for public information purposes only. It is by no means intended to infer or imply that my private law office or this web site is in any way related to, endorsed, approved of, acknowledged, or even known by the judges and courts portrayed herein. Photographs of the Judiciary portrayed on this site were copied from the official Court web sites without the knowledge or consent of the Court or the Judiciary.
I believe that anyone who has taken an actual look at these pages can see that I am just trying to provide general information to the public. For those who are confused, read the notice.
Wednesday, November 19, 2003
Chancellor speaks at seminar
Last night at a seminar jointly sponsored by the Delaware Valley Association of Corporate Counsel of America (DELVACCA), the Delaware State Bar Association (DSBA), MBNA, and Computer Sciences Corporation (CSC), Delaware's Chancellor William B. Chandler III, spoke eloquently regarding the impact (or mostly the lack thereof) of the Sarbanes-Oxley Act of 2002 (SOX) on corporate governance issues. I think that I will venture to summarize the Chancellor's points in saying that there is no one-size SOX that fit all corporations' feet.
In a brief pre-seminar dramatic clash between the MBNA culture and normal world culture, I was forced to leave the lobby to wait on the front stairwell for my co-workers to arrive. It wasn't enough that I had been cleared on the guest list by security and was standing in the plain view of three MBNA reps, in a large otherwise empty lobby a few feet from the front door. The MBNA culture was that I should either proceed to the bar and mingle, or wait outside. I, of course, would rather rough it than knuckle under to big brother (or big sister in this case). Thanks Regina.
In fairness, the MBNA facilities were beautiful and the refreshments and h'ourderves were nicely done.
hunting decoys, but in a whole new way
The News Journal got the scoop on a different kind of decoy for deer hunters. This is really a decoy FOR deer hunters. Let's stay tuned and see how many poachers it nets!