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Right of Identity and Publicity in Cyberspace: What are the limits to individuals' rights over their online presence, ...

With the news media persistently agitating for government action where individuals' expectations of privacy have been traversed, it is appropriate to identify and explore the gap between expectations and legal realities. Whereas public figures like celebrities, politicians and the like have restricted rights to control public information about themselves, ordinary individuals enjoy far greater protections. However, these protections are not absolute, and in the increasingly socially networked technological environment in which people conduct their lives, expectations blur and recede yet people expect the law to act as a backstop, even when information is provided voluntarily. This discussion will explore the laws of publicity, identity and privacy as they relate to the online world in the highly dynamic and fluid present online environment, from the standpoint of existing laws of various states and their application to hackers, data-miners and other private entities, as well as consideration of 4th Amendment implications for governmental or government-sponsored mining and/or use of personal information.

Victor Sapphire
Victor K. Sapphire is an attorney that concentrates his practice in the trade identity field, including trademark, copyright, unfair competition, and trade secret law, Internet law, licensing and prosecution, litigation and transactions.

He regularly counsels clients about branding strategy and enforcement, U.S. and foreign trademark clearance and prosecution matters, copyright issues, right of publicity and identity and Internet privacy concerns. Vic is experienced in the areas of trademark, trade dress, unfair competition and domain name counseling and litigation, including opposition and cancellation proceedings before the Trademark Trial and Appeal Board and domain name infringement actions under the ICANN Uniform Dispute Resolution Policy. He works with clients in a broad range of fields, including media and entertainment, sporting goods, health care, consumer products, foods, specialty retail, Internet, technology, apparel and pharmaceuticals.

Vic Sapphire is an accomplished recording engineer and a member of the Audio Engineering Society and the Hollywood Post Alliance. He is also a member of the Emerging Leaders Section of the Association of Media & Entertainment Counsel. In addition, he sits on the board of directors of Theatre of Hearts, Inc., a non-profit organization dedicated to bringing arts education to underserved youth in Southern California.