Wednesday, March 6, 2013

Texas Bill To Allow Service of Process Via Facebook

Texas recently introduced a bill that would allow for service of process via Facebook.  Texas House Bill 1989 if enacted would make the Lone Star State the first in the United States to allow for service of process via social media as an alternative means of service. 

In 2002, a U.S. court approved service of process via email.  In 2008, an Australian court allowed for service of process via social media.  In February of 2012, I told ABC News that I believe service of process via social media will become a reality in the future. 

As I stated on February 25, 2012, the biggest problem with service via social media is authentication.  Even though a digital account may appear to belong to a litigant in a judicial proceeding, account authentication is required to ensure that the account belongs to the right person.

I believe service of process via social or digital means will eventually become more common.  However, absent the proper safeguards to ensure the right "John Doe" is actually served this method has many challenges.  

To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.

Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.

European Commission Fines Microsoft $732 Million Dollars Over Browser Choice

According to the New York Times, the European Commission has flexed its antitrust muscles and fined Microsoft $732 million dollars for failing to live up to a settlement it had previously signed with regulators. The fine was based upon a 2009 agreement that required Microsoft to provide European Windows users a choice of web browsers.

Microsoft has previously admitted that it may have violated its agreement with regulators and apologized for non-compliance.  Microsoft's fine is not the largest that has been levied against a U.S. based technology company.  In 2009, Intel was fined $1.4 billion dollars for allegedly abusing its dominance in the chip market.

European regulators are currently investigating Google regarding its alleged dominant position in the search engine market.  While the FTC has ended its antitrust investigation of Google in January, European regulators have not. 

The bottom line is that it appears that European regulators have American technology companies in their cross hairs.  Therefore, U.S. based companies that create some of the world's most innovative products for use in the digital space should ensure that they adhere to all regulations and laws in the countries they operate in.    

To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.

Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.