Articles

TECHNOLOGY AND THE LAW

Mansfield, Tanick & Cohen, P.A.
1700 U. S. Bank Plaza South
Minneapolis, MN 55402
Tel: 612.339.4295
FAX: 612.339.3161

Computers, e-mail, faxes and satellite TV and other forms of technology have given rise to new legal issues in the 21st Century as well as new state and federal legislation. As an adjunct to its e-commerce, cyber-squatting and intellectual property practice, Mansfield Tanick & Cohen has recently handled a number of matters at the intersection of law and technology:

DirecTV

Mansfield Tanick & Cohen has represented over thirty defendants in federal lawsuits brought by California-based DirecTV alleging violations of the Electronic Communications Privacy Act by individuals and companies who had purchased certain "smartcard" programming devices. These smartcard-related components have many uses, but because DirecTV uses smartcard technology for the access cards in its receivers, they can also be used to decode DirecTV's satellite signals. Smartcard technology is quickly becoming the cost-effective method of choice for limiting access to computer networks, storing customer-specific information for use in security systems, cellular phones, electronic tickets, vending machines, healthcare information, the banking industry, and in countless other applications where traditional methods of security have become outmoded due to theft, accidental loss of an access device, or prohibitive cost. As part of a crackdown on hacking, certain distributors of smartcard-related devices were sued by DirecTV and it was subsequently granted access to these companies' customer lists. DirecTV then filed lawsuits against these customers, the great majority of whom did nothing more than innocently purchase devices that have myriad other legitimate uses.

Internet Music Pirating Litigation

In early September 2003, members of the Recording Industry Association of America (RIAA) launched a highly publicized legal assault by filing hundreds of lawsuits across the country against individuals who allegedly downloaded copyrighted music from the Internet. These cases, brought by companies like Sony, UMG Recordings, Elektra Entertainment, Capitol Records and Warner Brothers, allege violation of federal copyright laws including the Digital Millennium Copyright Act. Mansfield Tanick & Cohen is part of a network of lawyers and law firms available to represent defendants in this matter. See www.riaalawsuit.com or www.riaahelp.com. For more information on this issue contact the firm at 612.339.4295.

"Spam", Junk Faxes, and Telemarketing

Our Firm has also been involved in advising and defending a number of direct marketing and computer companies against new legislation and litigation targeting so-called "spam" e-mails. Specifically, the firm was involved in litigation in the Eastern District of Virginia brought by America Online, Inc. against a number of alleged spammers under the Computer Fraud and Abuse Act, the Virginia Computer Crimes Act and various common law claims.

In addition, as well as representing plaintiffs in class actions against telemarketers, the Firm also provides advice to companies with regard to compliance with state and federal "Do-Not-Call" legislation such as the Telephone Consumer Protection Act, 47 U.S.C. § 227 and Minn. Stat. § 325E.311-.316 and successfully litigated a case involving the Minnesota junk-fax law as well.

If you have questions about spamming, do-not-call lists, or for more information on any of these issues, contact the firm at 612.339.4295.