Nov 17, 2012

Netflix CEO: Amazon is loosing up to $1 billion a year

Netflix CEO Reed Hastings estimates that Amazon is spending up to $1 billion a year on content for Amazon Prime http://t.co/hru9u71Z

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Nov 12, 2012

Dondi Named as one of USBE&IT Magazine's Most Distinguished HBCU Alumni

The US Black Engineer & Information Technology (USBE&IT) magazine's 2012 Historically Black Colleges and Universities edition recognized Dondi West as a "Most Distinguished HBCU Alumni." Dondi is a proud graduate of Alabama Agricultural and Mechanical University, where he received a B.S. in Mathematics with honors.  The full issue is available online at: http://tinyurl.com/9skwnxp


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Oct 22, 2011

Affiliate Marketing


Affiliate marketing is a marketing practice in which a business rewards one or more affiliates for each visitor or customer brought about by the affiliate's own marketing efforts. Examples include rewards sites, where users are rewarded with cash or gifts, for the completion of an offer, and the referral of others to the site. The industry has four core players: the merchant (also known as 'retailer' or 'brand'), the network, the publisher (also known as 'the affiliate'), and the customer. The market has grown in complexity to warrant a secondary tier of players, including affiliate management agencies, super-affiliates and specialized third party vendors.
Affiliate marketing overlaps with other Internet marketing methods to some degree, because affiliates often use regular advertising methods. Those methods include organic search engine optimization, paid search engine marketing, e-mail marketing, and in some sense display advertising. On the other hand, affiliates sometimes use less orthodox techniques, such as publishing reviews of products or services offered by a partner.
Affiliate marketing—using one website to drive traffic to another—is a form of online marketing, which is frequently overlooked by advertisers. While search engines, e-mail, and website syndication capture much of the attention of online retailers, affiliate marketing carries a much lower profile. Still, affiliates continue to play a significant role in e-retailers' marketing strategies.
In 2011, the FTC began more strict enforcement of its guidelines for online blogging, social media and affiliate marketing by suing companies that were violating provisions of the law. Actions against Legacy Learning Systems and Acai Berry sent the message to all affiliate marketers that the FTC is “raising the bar” on disclosure. All affiliate marketers are expected to be in compliance with FTC guidelines.


If you are considering setting up an affiliate marketing program for you Online or E-Commerce business, please don't hesitate to contact an Internet Lawyer to ensure that you are following all of the necessary guidelines.


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Maryland vies to emerge as 'epicenter' of U.S. cyber security efforts

Maryland vies to emerge as 'epicenter' of U.S. cyber security efforts:

Maryland wants to become the "epicenter" of that nation's cyber security efforts and wants to invest millions in companies to get there, the state's top economic chief said Thursday.

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Oct 20, 2011

E-Commerce Lawyer: Update on Online Taxes

Executive Summary

Analysts estimate that national, state and local sales tax losses on e-commerce will grow to $11.4 billion by 2012.  In the middle of the worst economic downturn since the Great Depression, states are pressed to find additional sources of revenue.  With e-commerce sales continuing to rise, and with both purchasers and sellers usually avoiding tax liability for out-of-state internet transactions, states are eager to close the gap.  To do so, states appear to be following one of two distinct paths.  First, states are joining the Streamlined Sales Tax Project (“SSTP”), which is a multi-state effort to standardize the collection of taxes from e-commerce.  Second, states are acting unilaterally and creating tax laws that will bring in tax revenue from e-commerce transactions.  One such example is a statute that was recently enacted in New York that requires out-of-state online retailers to collect New York taxes if the business has New York-based affiliates who collectively generate more than $10,000 worth of business in a given year.  Amazon.com sued the State of New York, arguing that the statute was unconstitutional, but the court disagreed with Amazon, holding that Amazon’s in-state affiliates created the requisite nexus allowing New York to require Amazon to collect sales taxes.  As discussed more fully below, the Amazon.com case gave momentum to the SSTP.
In light of the SSTP’s growing momentum and New York’s recent Amazon.com decision, online retailers should take three actions.  First, online retailers should be attentive to developments concerning the SSTP and where states, like New York and North Carolina, are acting unilaterally to pass legislation.  Second, online retailers should conduct a detailed examination of their business practices and attempt to mitigate areas where a nexus might be unexpectedly asserted.  Third, online retailers should conduct a cost benefit analysis concerning the business value and profitability of affiliate programs in each state.

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Oct 6, 2011

Internet Law Case: Employer did not violate employee’s privacy by accessing personal laptop

Sitton v. Print Direction, Inc., — S.E.2d —, 2011 WL 4469712 (Ga.App. September 28, 2011)

A Georgia court held that an employee using a personal laptop to conduct business for a competitor did not have an invasion of privacy claim when his employer busted him at work using the laptop to send email.
Plaintiff-employee worked for a printing company.

His wife also owned a printing business. On the side, plaintiff would broker printing jobs, sending them to his wife’s company. He would bring his own laptop to work and use that to conduct business for his wife’s company while at work for his employer.

One day, the boss came into plaintiff’s office (apparently when plaintiff was not in the room) and saw that the computer screen on plaintiff’s computer showed a non-work related email account, with messages concerning the brokering of print jobs to the wife’s company. The boss printed out the email messages.

Plaintiff sued, claiming, among other things, common law invasion of privacy and violation of a provision of the Georgia Computer Systems Protection Act. The case went to trial, and plaintiff lost. In fact, he ended up having to pay almost $40,000 to his employer on counterclaims for breach of loyalty. Plaintiff sought review of the trial court’s decision. On appeal, the court affirmed.

The appellate court affirmed the trial court’s finding that the boss’s access to plaintiff’s computer did not constitute common law invasion of privacy based upon an intrusion upon plaintiff’s seclusion or solitude, or into his private affairs. The court held that the boss’s activity was “reasonable in light of the situation” because:

  • He was acting in order to obtain evidence in connection with an investigation of improper employee behavior,
  • The company’s interests were at stake, and
  • He had “every reason” to suspect that plaintiff was conducting a competing business on the side, as in fact he was.
To bolster this holding, the court cited from a Georgia Supreme Court case that said, “[T]here are some shocks, inconveniences and annoyances which members of society in the nature of things must absorb without the right of redress.”

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Aug 6, 2011

Hackers School Next Generation at DEFCON Kids

Hackers school next generation at DEFCON Kids: "
San Francisco (AFP) June 25, 2011 -

DEFCON hackers will share their skills with the next generation at a first-ever children's version of the infamous gathering of software renegades, lock pickers and social engineers. DEFCON Kids will take place in Las Vegas on August 6-7 during the 19th annual DEFCON started by hackers such as 'Dark Tangent' when they were young computer coding or hardware cracking rebels.

'Hackers are getting older and having kids,' said Joe Grand, a DEFCON veteran known as 'Kingpin' who has wowed attendees with event badges made of circuit boards that could be hacked to serve as radios or other gadgets. 'It is interesting to follow the process of other people's backup units; how they are coming along.'

Grand, 35, recalling teen years in which his electronics skills got him benefits such as free telephone calls and trouble like an arrest for 'computer-related stuff' he didn't detail. 'I was scared straight and there was nobody there to guide me straight,' said Grand, who will teach hardware hacking at DEFCON Kids, which is open to children ages eight to 16. 'It feels nice to have an opportunity to be a mentor for kids who might be outcasts at school for having skills that aren't cool; that other kids don't understand.' Grand's two-and-a-half-year-old son has his own work space in dad's lab where he excitedly looks forward to being old enough to solder circuits.

A hacker conference for children is controversial even in the DEFCON community. Prime targets for criticism include lock picking and social engineering, the art of manipulating people into revealing sensitive information. 'Everyone is up in arms that we are going to teach kids to be evil, but that is not the case,' said Chris Hadnagy, who trains companies to guard against slick-talking hackers and runs the website social-engineer.org. 'Think critically, think objectively -- that is what this industry teaches people,' continued Hadnagy, a DEFCON Kids mentor.

 'The Internet is a breeding ground of predators, and not falling for those things is a skill I want my kids to have when someone is trying to manipulate them into something; whether it is peer pressure or a malicious adult.' Hadnagy and others behind DEFCON Kids were adamant that in a world where children are surrounded by technology it is smart to provide guidance and a place where they can safely, and legally, test hacker skills. Hadnagy, whose book Social Engineering: The Art of Human Hacking came out this year, tailored a 'Capture the Flag' game for the event.

 The game will include deciphering clues, picking locks, and reading body language and subtle facial expressions. 'Kids are great at it,' said Hadnagy. 'This gives them a chance to grow into what we are now, the ones who keep companies secure.' Since DEFCON debuted in 1993, many once-nefarious attendees have become computer security good guys bent on defending companies and homes against cyberattacks. Government agents once flushed out in a game called 'Spot the Fed' at the world's largest hacker gathering are now welcomed on panels such as 'Meet the Fed.' National police agencies recruit talent at DEFCON.

DEFCON founder Jeff Moss, whose hacker handle is Dark Tangent, is on a White House homeland defense council and heads security for the agency in charge of Internet addresses. The US National Security Agency is to bring a museum-quality cryptography exhibit this year. 'While DEFCON has a bit of edgy counter-culture to it, there is a need to harness, direct and encourage children,' said Christofer Hoff, a hacker dad and a lock picking tutor at DEFCON Kids. 'It is a natural complement.' Hoff has taught his daughters to pick locks and launched HacKids camps in the United States about a year ago after peers in the security industry wondered how to hook children on science and math skills. 'I got to learn about computers and do fun stuff like trebuchets and marshmallow gun fights,' said his 10-year-old daughter and hackid.org camp attendee Chloe. 'It was really cool to figure out how things work.' Hoff's girls will be volunteer 'goons' helping at DEFCON Kids, where his session was renamed 'The physics of locks.' 'When we talk about teaching kids hacking it is about the creative, sometimes interesting out-of-the-box embracing of science, math, computers...to get their creative juices flowing,' Hoff said. 'If you teach a kid how to light a match, does it mean he will turn into an arsonist?' he asked rhetorically. 'Probably not, but he will learn how not to burn himself.'

Information was online at defconkids.org.

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