Tech Law Journal Privacy Policy
January 1, 2003

David Carney is the author and publisher of the Tech Law Journal Daily E-Mail Alert (TLJ Alert) and the TLJ web site. The TLJ web site has been published since March of 1998. The TLJ Alert has been published since August of 2000. Previously, there were two separate privacy policies, one for the TLJ Alert, and one for the TLJ web site. This policy combines the two into one. (Privacy policies formerly in effect are reproduced at the bottom of this page.)

E-Mail Monitoring. Beginning on, or soon after, February 1, 2003, TLJ will commence monitoring of the use of the TLJ Alert and web site. This will be done with code inserted in the HTML source code of the TLJ Alert and web site; this code will cause entries to be made in web site access logs; these logs will be analyzed by log analysis software. This procedure is sometimes called "web bugs". This will be done for the purpose of identifying, tracking, and documenting infringement, and enforcing my rights of authorship and proprietary rights. Any persons or entities who object to this practice, and who have already purchased subscriptions, may cancel their subscriptions, and receive a prorated refund (based on the portion of the subscription term that is remaining), if a cancellation request is received by January 31, 2003.

For more details, see, Memorandum regarding "E-Mail Monitoring", dated January 1, 2003.

Disclosure of Information. TLJ has always had a basic rule that it does not sell, rent, or transfer its subscription list to the TLJ Alert to third parties.  In late 2001, this was modified to add three minor exceptions. First, David Carney may form a single shareholder corporation, and transfer all of assets, including the subscription list, to that corporation. Second, the fact that someone is a subscriber may be disclosed to someone else at that place of work for the purpose of resolving a delivery problem. Third, the fact that someone is a subscriber may be disclosed to someone else at that place of work else in connection with subscription requests, payments, billings, forms, and other subscription related matters. These three exceptions remain, and along with two new exceptions.

The new fourth exception is that information, including personally identifying and entity identifying information, may be disclosed to third parties in an effort to protect the rights of authorship, and proprietary rights, including rights arising under the Copyright Act, of David Carney. This may include, but is not limited to, any of the following:
1. filing a complaint and other pleadings in the U.S. District Court for the District of Columbia in a suit alleging copyright infringement and other claims;
2. filing a petition with the Copyright Office for revocation of a registration of a copyright, in the case of a registration of a work that constitutes or contains a work of authorship that was authored by David Carney; and
3. filing a complaint with an ethics panel of a state bar association, an Inspector General or professional conduct office of a federal agency, or a Dean or academic integrity panel of a law school or university.

The fifth exception is that lists of known infringers, and persons known to make false claims of authorship, may be shared with other electronic publishers. This is not being done now. Nor are their plans to do this. This, however, may be done at some time in the future. The purpose of this practice would be to limit loses due to infringement and other misuse of electronic products.

For more details, see, Memorandum regarding "Disclosure of Information to Third Parties", dated January 1, 2003.

Web Site Access Logs. The TLJ web site has long maintained web site access logs. This includes data such as the user's domain, date, time, and file served. These access logs have long be used to measure and analyze traffic to the TLJ web site.

In addition, beginning on or soon after February 1, 2003, access logs of the TLJ web site, and other web domains managed by David Carney will be used as part of a system for identifying, tracking and documenting infringement. See, E-Mail Monitoring, above. Information collected in this process may be disclosed to third parties. See, Disclosure of Information, above.

Links to Other Web Sites. Both the TLJ Alert and web site contain many links to other web sites. Tech Law Journal is not responsible for the privacy practices or the content of such web sites.

There Are No TLJ Cookies. Previous versions of privacy policies of the TLJ web site stated that the TLJ web site generates cookies. TLJ believes that web site management software used in 1998 and 1999 automatically created cookies, but that software used since then has not generated cookies. Whatever the case, TLJ has never made any use of any cookies. Neither the TLJ Alert nor the TLJ web site create or make use of cookies.

There Are No Advertiser Cookies. Previous versions of privacy policies of the TLJ web site stated that TLJ uses an outside ad company to display ads on the web site, and that this advertising involves the use of cookies. However, neither the TLJ web site nor Alert have carried ads since 2001. Hence, no advertiser generated cookies are involved in the use of the TLJ web site or TLJ Alert. TLJ's sole revenue source is the sale of subscriptions to the TLJ Alert.

Tech Law Journal Collects and Publishes News, Documents, and Analysis. Both the TLJ Alert and TLJ web site are journalistic publications. TLJ is in the business of publishing information. Much of it is personally identifiable information.

TLJ collects and publishes in the TLJ Alert and TLJ web site information about individuals, including Senators, Representatives, judges, Administration officials, lobbyists, lawyers, and others who are involved in the legislative, regulatory, or judicial process, and whose activities or operations affect the Internet, computer, information, and/or communications sectors. This information includes, but is not limited to: names; biographical information; work addresses, phone numbers and e-mail addresses; voting records; statements; and copies of statements, speeches, testimony, legal briefs, legal opinions, reports, and bills.

As a part of the news and records gathering process, Tech Law Journal receives press releases, speeches, statements, comments, legal pleadings, and other materials and information via e-mail, fax, paper, and voice communications. Unless the sender requests a restriction on the use of such material, the content of such communications may be published in the TLJ Alert and TLJ web site.