business law ch.9 - Internet law, social media, and privacy
Federal Can-Spam Act (2003)
Aimed at limiting online pornography and commercial SPAM
Copyrights in Digital Information
When files are stored on a computer or server and shared with others, there could be copyright infringement.
Digital Millennium Copyright Act
a 1998 US law intended to update copyright law for electronic commerce and electronic content providers. It criminalizes the circumvention of electronic and digital copyright protection systems. (fair use is allowed)
state regulation of spam
requires the sender of email ads to instruct the recipients on how they can opt out of further email ads from the same source
Licensing
the legal process whereby a licensor allows another firm to use its manufacturing process, trademarks, patents, trade secrets, or other proprietary knowledge
reasonable expectation of privacy
the objective standard developed by courts for determining whether a government intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from government examination
domain names
unique names which identify Internet sites and businesses
Spam
unwanted e-mail (usually of a commercial nature sent out in bulk)
File-Sharing Technology (methods)
-methods of file-sharing include peer-to-peer (P2P) networking and the use of distributed networks -cloud computing delivers a single application through a browser to multiple users
The ACPA makes cybersquatting illegal when both of the following are true:
1. The domain name is identical or confusingly similar to the trademark of another. 2. The one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from that trademark.
The Electronic Communications Privacy Act
A law passed by Congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications.
Internet Law
A legal specialty that includes writing the legal terms and policies for websites.
Online Defamation
An online message attacking another person or entity in harsh, often personal, and possibly defamatory, terms
Structure of Domain Names
Every domain name ends with a top-level domain (TLD), which is the part of the name to the right of the period. The TLD often indicates the type of entity that operates the site. For instance, com is an abbreviation for commercial, and edu is short for education. The second-level domain (SLD)—the part of the name to the left of the period—is chosen by the business entity or individual registering the domain name. Competition for SLDs among firms with similar names and products has led to numerous disputes.
The Electronic Communications Privacy Act excludes
Excluded from the ECPA's coverage are any electronic communications through devices that an employer provides for its employee to use "in the ordinary course of its business."
Social Media Legal Issues; administrative agency investigations
Investigations Federal regulators also use social media posts in their investigations into illegal activities. ex:pg 176
Social Media Legal Issues; criminal investigations
Law enforcement uses social media to detect and prosecute criminals. A surprising number of criminals boast about their illegal activities on social media. Ex:pg 176
Social Media Legal Issues; impact on litigation
Litigation Social media posts now are routinely included in discovery in litigation because they can provide damaging information that establishes a person's intent or what she or he knew at a particular time. Like e-mail, posts on social networks can be the smoking gun that leads to liability. Tweets and other social media posts can also be used to reduce damages awards. Ex; pg 176
Social Media Legal Issues; Employers' social media policies
Many large corporations have established specific guidelines for using social media in the workplace. Employees who use social media in a way that violates their employer's stated policies may be disciplined or fired from their jobs. Courts and administrative agencies usually uphold an employer's right to terminate a person based on his or her violation of a social media policy
Company-Wide Social Media Networks
Often referred to as an "intranet," these are online places for employees to discuss company services and products. Intranets allow companies to better protect their trade secrets.
Data Collection and Cookies
Retailers collect detailed information about consumers' behavior and preferences via cookies in order to personalize online services
Social Media Legal Issues; impact on settlement agreements
Social media posts have been used to invalidate settlement agreements that contain confidentiality clauses. Ex:pg. 176
Protection of Social Media Passwords
Some employers and schools will get social media passwords from applicants to see if their accounts include controversial postings. By 2017, about half of U.S. states had enacted legislation to protect individuals from having to disclose their social media passwords.
Internet Companies' Privacy Policies
The FTC has forced many companies, including Google, Facebook, Twitter, and MySpace, to enter a consent decree that gives the FTC broad power to review their privacy and data practices. It can then sue companies that violate the terms of the decree.
distribution system
The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit corporation, oversees the distribution of domain names and operates an online arbitration system. Due to numerous complaints, ICANN recently overhauled the domain name distribution system.
U.S. Safe Web Act of 2006
The act allows the FTC to cooperate and share information with foreign agencies in investigating and prosecuting those involved in spamming, spyware, and various Internet frauds and deceptions.
Cybersquatting
The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.
Hasbro, Inc. v. Internet Entertainment Group, Ltd.
judge said candlyland.com a sexually explicit website could dilute the childrens game "Candy Land"
