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RAIN 0602 Weekly Update: Legal (9)



Internetnews 5/17/02
Can "Deep Linking" Lead to Deep Trouble?
by Brian Morrisey
When Robert and Weldon Johnson received the letter, they thought it must be from some friends pulling a prank. After all, it's not everyday they receive stern letters from law firms. But after checking the stationery and the e-mail address, the twin brothers behind the small LetsRun.com Web site realized the letter was real: Runner's World, the 800-pound gorilla of running news, was threatening them with a lawsuit.
Their mistake: Linking directly to a runnersworld.com interview with 800-meter Olympic champion Peter Snell. Instead of linking to the home page, LetsRun.com sent readers directly to the "printer-friendly" version of the article, deep inside the site. They say they did this because runnersworld.com would not archive stories properly, leaving links susceptible to inaccuracy.
http://www.internetnews.com/bus-news/article/0,,3_1138351,00.html


The Guardian 5/27/02
It's good to shred
Enron taught Americans a valuable lesson - if you're wise,
you shred. Now everyone's doing it
http://www.guardian.co.uk/enron/story/0,11337,722914,00.html


The Age 5/28/02
Computer records queried in Bufalo
liquidation hearing
By David Elias
May 28 2002
A solicitor denied yesterday that a letter advising a client to get
independent legal advice from another solicitor had not existed
until seven months after it was supposed to have been written
and posted.
Mark Darrer, a partner with the Surrey Hills firm Darrer Muir
Fleiter told the Supreme Court he had discovered that four
documents were missing from his computer records, and to
maintain the integrity of his file he had them retyped into the
system.
http://www.theage.com.au/articles/2002/05/27/1022243311718.html



InfoSecurity Opinion 5/29/02
A Real Form of “CyberLiability” Emerges
by John Patzakis
When Arthur Andersen partner David Duncan met with his colleagues in
their Houston office last fall, just before the onset of their now infamous
computer file delete-fest, they did not couch their planned mission as a
purposeful endeavor to destroy evidence relevant to an impending Securities
and Exchange Commission (SEC) investigation. Instead, according to
reports, Duncan termed the endeavor as merely an effort to ensure that the
Houston office was in compliance with Arthur Andersen’s stated electronic
records retention and management policies.

Records retention and management policies (RRMPs) are all the rage
amongst corporate counsel these days, and it largely falls upon IT
administrators to help formulate, implement and enforce these policies.
However, as the Arthur Andersen/Enron debacle and many other recent
cases demonstrate, RRMPs are hardly the panaceas and silver bullets that
some corporate counsel appear to think they are. In addition to the possible
death penalty currently facing Arthur Andersen, courts and juries in the
United States have recently imposed severe penalties in the form of
litigation sanctions and adverse judgments as a result of spoliation of
computer evidence and the improper execution of RRMPs.
http://www.infosecnews.com/opinion/2002/05/29_04.htm


Insurance Newsnet 5/29/02
E-mail can prompt employment claims
http://www.insurancenewsnet.com/article.asp?newsid=CpoH0We:amtiXmJy5nJG2&src=""


AP 5/29/02
State fines pharmacy $90 million for Internet prescriptions
By Jessica Brice
ASSOCIATED PRESS
SACRAMENTO – The state is demanding nearly $90 million from a Los Angeles pharmacy and two pharmacists for allegedly filling more than 3,500 illegal Internet prescriptions, state officials announced Tuesday.
http://www.uniontrib.com/news/state/20020528-1446-ca-illegalprescriptions.html


News Media Update 5/29/02
Personal e-mail messages not subject to open records laws
l A Florida appeals court ruled that two Clearwater city employees can determine whether their own e-mail messages are personal or private and are not required to release those messages to a Florida newspaper.
A Florida appeals court May 10 allowed the city of Clearwater to withhold e-mail messages sent between two employees, determining that the messages were personal and exempt from the state's open records law.
http://www.rcfp.org/news/2002/0520timesp.html


EcommerceTimes 5/31/02
FTC, Courts Nail Cyberscammer
by Christopher Saunders
A federal court and the Federal Trade Commission have closed the door on
an online scam designed to snag lost Web surfers and subject them to popup
ads.
The scam, run by one John Zuccarini, revolved around registering Internet
domain names that were misspelled versions of popular, legitimate domain
names. For instance, Zuccarini registered 15 variations of
CartoonNetwork.com, and 41 variations of pop star Britney Spears's name.
The ploy involved more than 5,500 Web addresses altogether.
http://www.newsfactor.com/perl/printer/18007/
http://www.ecommercetimes.com/perl/story/18007.html


New York Times 6/01/02
Rights Group Says Circus Spied on It
By THE NEW YORK TIMES
ORFOLK, Va., May 31 — The nation's largest animal rights group
has accused the leadership of the Ringling Brothers and Barnum &
Bailey Circus of using a former government intelligence official to help
steal documents, tap phones and plant informers in an effort to stifle
criticism of the circus, according to a lawsuit filed in Virginia on
Thursday.
http://www.nytimes.com/2002/06/01/national/01CIRC.html


Peter A. Kurilecz CRM, CA
pakurilecz@aol.com
Richmond, Va