Ryan Blitstein asks this question in a great article at the Mercury News, here is the link.
To summarize, the difficulties include legislators who don’t understand the technology, as well as companies that fight good laws because the proposed law hurts their bottom line. Special interests, as usual, appear to have more sway than implementing good laws to fight spyware or phishing attacks.
To further understand why stronger laws are needed, he’s also written a three-part series on cybercrime. Here are links to Part I, Part II, and Part III. (Hat tip to Bruce Schneier for linking to Part III today.)
These laws are needed, and are needed soon.
The first of the IPLAC High Tech Committee’s lunchtime discussions will be held on November 16, 2007 at John Marshall Law School from 12-1:30. As the chair, I can say that I am really excited to have this come together.
If you can join us, please do! The details on how to register are in the flyer.
Please join the IPLAC High Tech Committee on November 16, 2007 from 12:00-1:30 PM at John Marshall Law School for a presentation by Christopher J. McGeehan entitled “Secondary Trademark Infringement Liability on the Internet: A Comparison of American and International Approaches.” This is the first presentation of our Lunchtime Discussion series. The members of the High Tech Committee will lead a discussion of this topic after the presentation. The registration fee of $15.00 covers the cost of a box lunch and a beverage.