FEATURED SEGMENT (TWO) – BRENDA CHRISTENSEN ON CRISIS PR

With over 25 years of high tech corporate communications and public relations experience, Brenda has successfully created and managed global messaging campaigns for such prestigious companies as Secure Computing, Panda Software, Maximizer Software, GoldMine Software, NEC, DTK Computer, Wang Laboratories, Symplex Communications and General Motors Robotics.

As PR Director for Secure Computing, she orchestrated a successful post-acquisition restructuring of global public relations, and initiated several thought leadership campaigns with media placements in CNN, NPR and hundreds of media outlets worldwide.

At leading antivirus provider Panda Software as PR Director, her team successfully launched a leading edge artificial intelligence “zero-day attack” solution, resulting in multiple prestigious product awards, including PC World’s coveted “Best Buy.” Her success at Panda resulted in over 84,000 media outlet placements, including DowJones.com, Financial Times and CNN, reaching millions worldwide in less than one year.

Previously, as V.P., Corporate Marketing and Corporate Officer for Maximizer Software, Brenda successfully took the company public and orchestrated two separate successful public fundings of both $10 million and $15 million, respectively. In addition to providing strategic business counsel as Corporate Officer, her corporate marketing responsibilities at Maximizer included worldwide strategic planning and implementation of investor relations, public relations and external communications.

As Director of Public Relations for GoldMine Software for seven years, she built and directed an internal PR team which garnered more than 100 product and corporate awards, including four consecutive PC Magazine “Editors’ Choice” awards and the software industry’s most acclaimed award – the Software Publisher Association’s “Codie.”

SUSAN G KOMEN FIASCO AS LESSON 

• KOMEN/PLANNED PARENTHOOD FALL OUT

http://videocafe.crooksandliars.com/david/emails-show-handel-behind-komens-planned-par

http://videocafe.crooksandliars.com/karoli/karen-handel-komen-was-trying-move-neutral-

http://motherjones.com/politics/2012/02/komen-board-bias-planned-parenthood

• WHERE KOMEN WENT WRONG

A Primer for Crisis PR

Susan G. Komen Race For The Cure & Planned Parenthood: A Case History In Awful Communications Strategy

Komen’s Four Communications Strategy Mistakes: How To Make A Communications Disaster Even Worse

Three Important PR Lessons From This Week’s Komen, Sierra Club Scandals

After Changing Course On Planned Parenthood, What Susan G. Komen Should Do Now

• THIS CAN HAPPEN IN TECH

Into the Breach: Protecting the Brand When Data Loss Is the New Normal

• BE CAREFUL WITH YOUR WOODY IN SOCIAL MEDIA

Woody Harrelson’s Attempt To Promote New Movie On Reddit Goes Horribly Wrong

SEGMENT ONE – NEWS UPDATE

Online Censorship

(1) Twitter & Google v. Government Censors  (Cyber Report)

(2) India 

(3) This Week in Censorship Online:  Oman, South Korea and China Crack Down on Dissent (EFF)

What is ACTA and Is it Worse Than SOPA

See ACTA Notebook

Privacy – Google and EU Updates

See Cyber Report (here)  and (here)

PLUS

NFL Offsides on Chrysler Halftime Ad and

9th Circ

LISTEN TO PODCAST

Eli Goodman – Search Evangelist (Day 1 Keynote Speaker)

EMr. Goodman leads the business development and research team for comScore’s Product Specialty division, where he plays an integral role in educating the industry on how to best merge marketing functions across platforms, including traditional portals, online video, television, search, social media, display advertising, and mobile. He is a 12-year veteran of the technology and market research industry, with experience in search, display advertising, mobile, video, branding, public relations, and marketing.

Prior to joining comScore, Eli worked at Hitwise, where he honed his knowledge of the web analytics industry, specifically focusing on search projects related to retail, travel, financial services and publishing.

Eli began his career at Gartner, Inc. as a member of the business development team for the Research & Consulting division. In this capacity, he worked with technology vendors utilizing Gartner research for market sizing, product development direction and public relations.

Eli earned a BA in Organizational and Behavior Management from Brown University in Providence, RI and currently resides in New York City.

2011 State of Industry Presentation

2012 Presentation: Its a Social World

Internet Commerce Assn’s GC Phil Corwin on CLBR

ICA General Counsel returns to Cyber Law and Business Report today for its special DomainFest edition.

hilip S. Corwin is the founder of Virtualaw LLC, a Washington, DC consulting firm that specializes in assisting clients in the shaping of public policy. With more than three decades of federal legislative experience, his practice is focused on the dynamically evolving law of electronic commerce and intellectual property, as well as financial services and bankruptcy. In addition to his Washington-focused legislative and regulatory work he also represents clients in proceedings of the Internet Corporation for Assigned Names and Numbers (ICANN) in regard to policies governing the Domain Name System.

Prior to entering private practice with the law firm of Butera & Andrews, Mr. Corwin served as Director and Counsel of Operations, Retail Banking, and Risk Management for the American Bankers Association and, before that, as Legislative Counsel to the Independent Bankers Association of America. From 1976 to 1981 he held professional staff positions at the United States Senate.

Mr. Corwin received extensive media training while at the American Bankers Association and served as one of their principal spokespersons to the print and electronic media. He has been a guest on numerous television and radio public affairs and business programs including the Wall Street Journal Report, C-Span’s Washington Journal, and CNN’s Burden of Proof, and continues to interact with the press regularly on behalf of clients. He has testified before Congress as well as at proceedings of Executive Branch Agencies and the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States, and served as an adviser to the National Association of Insurance Commissioners.. He has spoken before legal, banking, technology, digital entertainment and financial services industry audiences, taught sessions at the Practicing Law Institute’s Internet law Institute and Glasser Legalworks’ E-Commerce Law School, and has written numerous articles and opinion pieces regarding technology and financial services related law and public policy issues.

Mr. Corwin is an active member of the American Bar Association. He has served as Chairman of the Business Law Section’s Committee on Legislation; Washington Liaison for the Science and Technology Section; Legislative Reporter for the Business Law Section’s Cyberspace Law Committee; Vice-Chair of the Financial Services Integration Committee of the Torts and Insurance Practice Section (TIPS) and Co-Chair of TIPS’ Investment, Financial Services and Taxation Committee. He is also an active member of ABA’s Government Affairs Practice, Banking Law, Consumer Financial Services, Consumer Bankruptcy, and Commercial Bankruptcy Committees; as well as of the American Bankruptcy Institute.

Mr. Corwin received his B.A. in Government from Cornell University’s College of Arts and Sciences and his JD from Boston College Law School. He is a member of the Bar in the District of Columbia and is admitted to practice before the U.S. Supreme Court.

Verizon Sues Parked.com As Serial Cyber-Squatter

Verizon is seeking $66M in damages from Parked.com and registrar DirectNic for using over 660 domain names with names confusingly similar to Verizon, including typo variations such as 1verizon.net, myverixon.com and myaccountatverizonwireless.com.   Verizon’s case, however, faces certain jurisdictional hurdles as both defendants are based in the Cayman Islands and DirectNic was able to dismiss an earlier Verizon lawsuit on jurisdictional grounds in 2011.

ICANN Draws Fire From US Over gTLD Expansion

The  Internet Corporation for Assigned Names and Numbers  (ICANN) has been sharply criticized over its plans to expand the number of generic top level domains with the Coalition Against Domain Name Abuse warning that  business owners could spend an average of $500,000 on new defensive registrations.  FTC Chairman Jon Leibowitz also has criticized ICANN, hwarning that “the rapid expansion of the number of generic top-level domain could create a “dramatically increased opportunity for consumer fraud,” and make it easier for scam artists to manipulate the system to avoid being detected by law enforcement authorities.

Application fees to set up a new customer gTLD are $185,000 and are expected to double ICANN’s revenue.

See Congressional Research Service backgrounder on ICANN gTLDs.

TOP DOMAIN NAME SALES 2009-2011

The year 2011 produced only 3 million dollar domain sales, with Social.com topping the list at $2.6 million based on DN Journal’s tracking.

MORE INFO: Verizon Says More Than 600 Websites Used in Cybersquatting Scam, paidContent.org (Jan. 30, 2012); FTC letter to ICANN; Custom Domain Suffixes Are Coming: Here’s What You Need to Know,, Time (June 20, 2011); Web-Name Fight Shows Limits to U.S. Power Over Internet Guardian, Bloomberg (Jan 4. 2012).

t may be facing an even worse public relations backlash, as one survey found that 66 percent of users would cancel their account as a result, how to delete a Google account was emerging as a hot search on Google trends and anti-Google graffiti was spotted in New York.

FEATURED GUEST

ERIC WILSON – ENGAGE.DC

In February of 2007, Eric started on Capitol Hill as a Policy Analyst for the House Republican Policy Committee. While working for the Chairman of the HRPC — an elected leadership post — he was introduced to the emerging realm of social media, which House Republicans lead the way in embracing. In 2009, Eric started as the Executive Director of the Congressional Health Care Caucus under the leadership of Rep. Michael C. Burgess, M.D. Eric joined the Engage Team in December of 2009. At Engage, Eric is focused on House races, social media, and political trends. Engage is a full-service interactive agency with a track record of winning the toughest battles in politics and public policy. We have held senior new media roles on presidential campaigns, the Republican National Committee and, dozens of statewide campaigns and policy initiatives.  From the web’s earliest days, we were leaders at harnessing its political potential. Today, digital media is changing the fundamental dynamics of how public policy fights are won. Once relegated to the sidelines, “new” media is now a primary strategic vehicle driving victory or defeat. You need a new kind of partner who recognizes this new reality and can shape the field of battle in your favor. We thrive at the nexus of strategy, media, and technology — and bring this holistic approach to winning elections.

RESOURCES

		Revenge of the Nerds: How Online Activism is Changing the Way DC’s Biggest Policy Battles are Fought and Won
		The SOPA War: A Frantic Call, an Aborted Summit, and Dramatic New Details on How Hollywood Lost
		A Political Coming of Age for the Tech Industry
		The Good And The Bad Of The New OPEN Bill From Wyden And Issa

SEGMENT ONE

(1)  UNITED STATES V. JONES (U.S. SUPREME CT. JAN. 23, 2012)

The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle regis- tered to respondent Jones’s wife. The warrant authorized installa- tion in the District of Columbia and within 10 days, but agents in- stalled the device on the 11th day and in Maryland. The Government then tracked the vehicle’s movements for 28 days. It subsequently secured an indictment of Jones and others on drug trafficking con- spiracy charges. The District Court suppressed the GPS data ob- tained while the vehicle was parked at Jones’s residence, but held the remaining data admissible because Jones had no reasonable expecta- tion of privacy when the vehicle was on public streets. Jones was convicted. The D. C. Circuit reversed, concluding that admission of the evidence obtained by warrantless use of the GPS device violated the Fourth Amendment. Held: The Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment. Pp. 3–12. SOTOMAYOR CONCURRENCE:

More fundamentally, it may be necessary to reconsider the premise that an individual has no reasonable expecta- tion of privacy in information voluntarily disclosed to third parties. E.g., Smith, 442 U. S., at 742; United States v. Miller, 425 U. S. 435, 443 (1976). This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks. People disclose the phone numbers that they dial or text to their cellu- lar providers; the URLs that they visit and the e-mail addresses with which they correspond to their Internet service providers; and the books, groceries, and medi- cations they purchase to online retailers. Perhaps, as JUSTICE ALITO notes, some people may find the “tradeoff” of privacy for convenience “worthwhile,” or come to accept this “diminution of privacy” as “inevitable,” post, at 10, and perhaps not. I for one doubt that people would accept without complaint the warrantless disclosure to the Gov- ernment of a list of every Web site they had visited in the last week, or month, or year. But whatever the societal expectations, they can attain constitutionally protected status only if our Fourth Amendment jurisprudence ceases to treat secrecy as a prerequisite for privacy. I would not assume that all information voluntarily disclosed to some member of the public for a limited purpose is, for that reason alone, disentitled to Fourth Amendment protection. See Smith, 442 U. S., at 749 (Marshall, J., dissenting) (“Privacy is not a discrete commodity, possessed absolutely or not at all. Those who disclose certain facts to a bank or phone company for a limited business purpose need not assume that this information will be released to other persons for other purposes”); see also Katz, 389 U. S., at 351–352 (“[W]hat [a person] seeks to preserve as private, even in an area accessible to the public, may be constitu- tionally protected”).  Resolution of these difficult questions in this case is unnecessary, however, because the Government’s physical intrusion on Jones’ Jeep supplies a narrower basis for decision. I therefore join the majority’s opinion.

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(2) MegaUpload Indictment

Seventy-two page indictment filed on January 5, 2012, along with DOJ Press Release.

MORE INFO ON MegaUpload – watch video

---

RESOURCES

		Sonia Sotomayor’s Heartening Defense of Privacy
		A Supreme Court Justice’s Radical Proposal Regarding The Privacy of Your Google Searches, Facebook Account & Phone Records

		Megaupload Drops Lawsuit Against Universal Music Over Viral Video (Exclusive)
		Megaboned? Long odds against legal success, say law profs Why Feds Smashed Megaupload
		Megaupload Mayhem: Vengeful Hackers Wreak Havoc Across Web
		NEW FEATURE – 2012 HACK EXCHANGE.  MONITOR PROMINENT GROUPS THAT HAVE BEEN HACKED.

WE ARE BACK FOR OUR FIRST EPISODE OF 2012 – A SPECIAL FIRST ANNIVERSARY EDITION.

WALTER O’BRIEN

Walter O’Brien (Scorpion) is the Chief Executive Officer and Founder of Scorpion Computer Services. Walter serves as a member of the Board of Directors for the public renewable energy company American Environmental Inc. He is one of the world’s leading experts in the application of computer science and artificial intelligence to solve industry challenges. He was born in Ireland and at the early age of sixteen ranked number one in national high speed computer problem solving competitions. At the age of eighteen he competed in the World Olympics in Informatics and has ranked as high as sixth fastest programmer in the world. He was a child prodigy with an IQ of 197. He received a Bachelor of Science degree in Computer Science and Artificial Intelligence with honors from Sussex University.

The U.S. Department of Homeland Security certified Walter as being of National Interest to the United States Economy and granted him an Extraordinary Ability EB 1-1 Visa (also granted to Albert Einstein and Winston Churchill). Walter has since become a US citizen. He recently completed a seven-year engagement with the largest mutual fund company in the US – Capital Group Companies (parent of the American Funds). While there Walter successfully developed over 50 new initiatives and managed over 400 systems releases. This work drastically reduced downtime and led to opportunity cost savings in the tens of billions.

Walter has created many software inventions including a globalization engine that aids translation of any natural language from any machine language on any platform. Walter’s latest invention “ScenGen” is a Scenario Generator that can think of all possibilities for any given circumstance defined in it’s modeling language. ScenGen has many applications including that it finally makes it possible to ensure that no functional defects exist in a piece of software or that there is no single point of failure (SPOF) in a network.

Previous employers have been: The Capital Group Companies (World’s largest mutual fund manager and Parent of the American Funds), Fujitsu, Uniscape (Microsoft-Trados), Oracle Corporation, Baltimore Technologies, and Critical Path. Walter has previously served as chairman or member of the advisory board to companies such as Starglobe, BestTeachersandschools.com, Toin Corp, and Keltech.

JAYNE HITCHCOCK

Jayne’s own experience with cyberstalking, which garnered international headlines, led her to become a noted cybercrime and security expert. She speaksabout cybercrime and online security to educational institutions, librarians, corporations, the general public, students and parents, and trains law enforcement personnel throughout the USA. She consults for several organizations, including the Department of Justice Office for Victims of Crime, the National Center for Victims of Crime and many law enforcement agencies. Jayne has also been actively involved in getting online harassment, cyberstalking, online dating, child protection and other laws passed throughout the USA.

A freelance journalist, Jayne is the author of eight books. Her most recent book is Net Crimes and Misdemeanors 2nd Edition: Outmaneuvering Web Spammers, Stalkers, and Con Artists , which details different types of online crimes, scams, spams and more, complete with case histories, experts, and advice on how to protect yourself, your family and your computer online.

ZAPPOS HACKED – 24 MILLIONS ACCOUNTS AT RISK

HUFFPOST TWITTER ACCOUNT HACKED

ISRAELI AND PALESTINIAN HACKERS TRADE ATTACKS IN RISING CYBER GNAG WAR

ILC CYBER REPORT – CYBER SECURITY 2012 THREAT PREDICTIONS

——————————————————————–

THE NET GOES DARK

HOW SOPA WOULD AFFECT YOU – DECLAN MCCULLAGH (DEC 21)

CONFUSED BY SOPA – FIVE MULTIMEDIA EXPLAINERS (DEC 28)

A LEGAL ANALYSIS OF 2. 968, THE PROTECT IP ACT (JULY 7)

FINANCIAL CONDITION OF US MOTION PICTURE INDUSTRY (DEC 9)

Join us today at 10AM PT on WebmasterRadio.fm.

THE ABA CURRENTLY IS HAVING READERS VOTE ON THE TOP BLOGS, PLEASE CHECK OUT THE BLOG100 PAGE AND VOTE FOR THESE THREE.

ERIC GOLDMAN,  TECHNOLOGY AND MARKETING LAW BLOG

KASHMIR HILL, THE NOT SO PRIVATE PARTS

MARK RANDAZZA – LEGAL SATYRICON

Cyber Law and Business Reports airs Wednesdays at 10AM on WebmasterRadio.fm and podcasts are available through iTunes.  The show is hosted by Bennet Kelley, founder of the Internet Law Center which also publishes Cyber Report.

As described by Wikipedia:

Randazza has gained notoriety for his defense of the adult entertainment field and for handling high-profile free speech cases. He represented Anthony Ciolli, one of the administrators of AutoAdmit in the high profile case regarding that website, securing his dismissal from that case. He has represented the defendant in Beck v. Eiland-Hall, a case before the World Intellectual Property Organization (WIPO) filed by political commentator Glenn Beck, concerning a satire website parodying Beck. The WIPO arbitrator ruled against Beck in the case, and in favor of Randazza’s client. Citizen Media Law Project assistant director Sam Bayard said of the WIPO arbitrator’s decision, “It’s good to see that this WIPO arbitrator had no interest in allowing Beck to circumvent the guarantees of the U.S. Constitution.” He went on to congratulate Randazza, “Congratulations to Marc for this big victory and for his innovative brief that not only won the case, but also brought ‘spock ate my balls’ into the legal lexicon.”

It is fitting that Marc appears on the anniversary of the landing at Plymouth Rock and Roger Williams’ birthday as the tension between separation of church and state which Roger Williams brought to Providence after being expelled from Massachusetts and Puritanism is at the heart of some of his work today.

More Info:

Marc’s Website

Marc’s Blog Legal Satyricon

75509017-Defendant’s-Motion-to-Appoint-Receiver-and-Compel-Assignment-of-Intellectual-Property-GRANTED(1)

Being a Rhode Islander, I am keenly aware of the importance of Roger Williams in both founding the state and in shaping what ultimately became the First Amendment.  Below are two Huffington Post columns I wrote addressing the Christian Nation movement in this context.

Sarah Palin’s Christian Nation and the Road to Providence (Huff Post May 3, 2010)

The Christian Nation Movement and the Alabama-ban (Huff Post April 16, 2006)

DAVID SNEAD ON COPA AND STEVE NESMITH ON BEATING GOLIATH

SEGMENT 2: COPA

David Snead Website

CRS Report on Senate Bill

SOPA Updated Draft

Protect IP Bill

Sponsor waters down online blacklisting bill, but STOP still has issues, ARS Technica

Internet Groups Letter of Opposition

MPAA Talking Points on Piracy

SEGMENT 1: HOYA DESTROYA

Steven Nesmith Bio

Philly.com Profile

Sports Illustrated Story on “The Game”

• why did it not act, for example, when from 1992 to 2009 approximately $212 trillion in e-commerce sales were made from the state (based on pro-rata per capita share of national e-commerce sales); or
• why did it attempt to enact its own Amazon law?

Also covered are Facebook’s problems with Effin, Ireland; Righthaven’s new benefactor and remembering Pearl Harbor.

PS Happy Birthday to Larry Bird!

Links

Fail: RIAA Plans to Join Righthaven Copyright Trolls (Torrent Freak)

An Effin Shame (Time Magazine)

President Roosevelt Address to Congress Dec. 8, 1941

In addition, we will be covering the FTC-Facebook privacy settlement, the latest from Capital Hill on SOPA and sales taxes and the infrastructure hack that wasn’t?

Mary’s Bio:

The Division is responsible for regulating national advertising matters, including claims about food, OTC drugs, dietary supplements, alcohol, tobacco, and Internet services. The Division also enforces the Children’s Online Privacy Protection Act, a statute regulating the online collection of personal information from children. Ms. Engle joined the FTC as a staff attorney in 1990, has held a number of management positions in the FTC’s Bureau of Consumer Protection, and has served as an advisor to a Commissioner. Before joining the FTC, Ms. Engle practiced law with a firm in Washington, D.C. She received an A.B. from Harvard University in 1983 and a J.D. from the University of Virginia School of Law in 1986.

Cyber Report post on State of Blogosphere Survey

(1) FACEBOOK

Press Release on Facebook Settlement

(2) SOPA

http://www.g4tv.com/lv3/56282

(3) Online Sales Tax

House Judiciary Committee Hearing

(4) Cyber Report on Utility False Alarm

Bonus:  Happy Birthday Mandy Patinkin

FTC-Facebook Privacy Settlement; New Blogging Guidelines
Air Date: November 30, 2011

Mary Engle who directs the Federal Trade Commissions Division of Advertising Practices and is featured in the FTC videos explaining the endorsement guidelines. We will be talking about the recent Technorati State of the Blogosphere report which showed an alarming gap in compliance with the Endorsement Guidelines.

Podcast: Play in new window | Download (49.7MB)