A Curious Subpoena – US Wants Website to Deliver Visitor List

Investors Business Daily:  “Big Brother:  The Justice Department wants an online news site to hand over its visitor list.  Why?  No one’s quite sure yet.  But if this is just a fishing expedition by the government, it’s a troubling precedent.  The unusual request for information, delivered via a grand jury subpoena to Philadelphia-based Indymedia.us, also demanded that the Web site ‘not … disclose the existence of this request,’ unless the Justice Department approves it.”

The Tagged.com Spam Cases: New York & Texas Attorney General Actions Show the Effectiveness of States’ Retained Powers to Regulate Spam

Digital Media Lawyer Blog:  “The enactment of the Federal CAN-SPAM Act preempted many State laws that attempted to prohibit marketers from sending mass commercial emails.  However, CAN-SPAM did leave one key area of enforcement open to the states.  The State may still enforce laws restricting commercial emails to the extent that such laws prohibit ‘falsity or deception.’ 15 U.S.C. § 7707(b)(1).  However, this exception is proving about as narrow as the Grand Canyon.”

“The latest examples of State enforcement of spam are the actions by the New York and Texas Attorneys General against Tagged, Inc., which were both resolved in the past week.  See Attorney General of New York, Internet Bureau, In the matter of: Tagged, Inc., Assurance of Discontinuance (Nov. 6, 2009), Texas v. Tagged, Inc., Travis County District Court, No. D-1-GV-09-002032,”

Law Firm & Ex-Associate Litigate Badmouth Blog Battle in State & Federal Court

Law.com:  “A war of words between Levinson Axelrod and ex-associate Edward Harrington Heyburn is now in litigation.  The New Jersey-based personal injury law firm filed an order to show cause in state court in Middlesex County Superior Court last week, seeking a shutdown order concerning the website in which Heyburn criticizes his former employee . . . But within less than a day Heyburn had removed the action to federal court in Trenton, where the request for a temporary restraining order apparently still remains unresolved.  A claim in the firm’s filing that Heyburn’s site violates the federal Anticybersquatting Consumer Protection Act and the Lanham Act provided the requisite federal question jurisdiction for removal.”

Businesses Tackle Consumer ‘Gripe’ Sites

Law.com:  “Even the best run companies occasionally have dissatisfied customers.  Traditionally, a customer dispute was commenced — and on most occasions concluded — in private, whether through phone calls, letters, or even with the aid of an uninterested, third-party mediator.  In all but the most unusual circumstances (such as class actions or broadcast news’ consumer advocacy segments), publicity for any one consumer’s complaints was limited by the loudness of his voice on the ‘street corner’ and the limited access that a typical citizen had to traditional media.”

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