Thank you for visiting the Euclid Managers, LLC Weblog. For the past 6 years, our blog has been primarily dedicated to providing professional liability insurance coverage news and analysis for the internet, tech and media industries. We hope you enjoy reading our blog entries and we welcome your story ideas. Our blog is updated with new entries about twice a month so please bookmark our site or just use our RSS feed. Need sample claims? Visit the Claim Examples section of our Blog.
Thank you for visiting the Euclid Managers, LLC Weblog.
For the past 6 years, our blog has been primarily dedicated to providing professional liability insurance coverage news and analysis for the internet, tech and media industries. We hope you enjoy reading our blog entries and we welcome your story ideas. Our blog is updated with new entries about twice a month so please bookmark our site or just use our RSS feed.
Need sample claims? Visit the Claim Examples section of our Blog.
Network World recently published an article outlining several areas of exposure for Information Technology professionals and essentially any company using technology to run its business. The article highlights the importance of licensing software and points out the IT professional could have personal liability as the individual who makes the illegal copy is technically the infringer. Also, the article mentions a case we previously discussed involving whether or not employee text messages are private. In this case, the Supreme Court did decide that the employee does not have an expectation of privacy for text messages, even personal ones, sent via the pager issued by the employer.
Purchasing General Liability and Professional Liability Together: The Dangers of Putting All Your Eggs in One Basket.
Do you agree with the adage, “Don’t put all your eggs in one basket?” The traditional response is yes; however, a recent trend in the insurance industry is causing some to throw that adage out the door.
The trend is to advise the Insured that it is advantageous to purchase General Liability and Professional Liability insurance with the same carrier. But this is not always true.
We previously reported on a trademark infringement lawsuit involving The Naked Cowboy and Mars Inc. That case was settled under undisclosed terms. More recently, The Naked Cowboy sent a cease and desist letter to the “Naked Cowgirl” demanding she stop infringing on his trademark or pay a franchise fee. Apparently The Naked Cowboy does already have one licensed Naked Cowgirl franchisee but this particular cowgirl reportedly doesn’t see the need as she’s “been naked for years.”
The FTC’s deadline for businesses to develop an Identity Theft Prevention Program was once again extended. Now, companies have until the end of the year to develop a program. The purpose of the extension is to allow Congress time for further exploration into what types of business should be subject to The Red Flag Rules (The Rule). Currently, The Rule applies to financial institutions and creditors with covered accounts. The FTC has specific definitions for financial institutions, creditors and covered accounts as described below.
The Electronic Frontier Foundation (EFF) is reporting on its recent experiment regarding anonymous web browsing. In its test, the EFF tracked the types of browser information a website typically accesses when a user visits a site. This information, known as a browser fingerprint, includes details like type of browser, time zone, screen resolution, whether or not cookies are accepted, browser plug-ins and system fonts. The EFF compared the browser fingerprints it gathered against a set of configurations for nearly a million other users. Results revealed that over 80 percent of the browser fingerprints it gathered were identifiable. Further, over 90 percent of the browser fingerprints were identifiable if the browser had Adobe Flash or Java plug-in installed. Surprisingly, some of the steps a user may take to protect his or her privacy such as using a flash blocking browser plug-in actually proved to make the browser fingerprint more unique and therefore easier to track.
On April 22, a new bill, known as the Cyber Privacy Act, was introduced in the House. Its contents are pretty brief and its purpose seems to be to utilize a DMCA type take-down approach for private data on public websites. So, under the Act, individuals who are not pleased with their private info being made public online, can contact the website owner to request the info be removed from the site. If the owner does not comply, it could be considered an unfair or deceptive act or practice in accordance with FTC regulation. The bill defines personal information as “any information about an individual that includes, at a minimum, the individuals name together with either a telephone number of such individual or an address of such individual.”
We’ve previously touched on the privacy exposures of cloud computing but a recent announcement by Digital Due Process (a coalition of privacy advocates including Google, AT&T, eBay, Aol, Microsoft and more) over the need to update the Electronic Communications Privacy Act (ECPA) highlights a key privacy issue for computing in the cloud. Simply, information stored locally is covered under the Fourth Amendment warrant protection but that same document stored in the cloud may not have the same warrant protection. One of the goals of the Digital Due Process is to achieve greater clarity for the ECPA so that information can enjoy a uniform level of protection regardless of technology or platform.