Business School 2004
Author: 101 Things You Need To Know About Internet Law
(Random House Dec. 2000)
Adjunct Professor of Internet Law at Rutgers Law School and Pace Law School
The Internet Is Mainstream
So You Need to Know Internet Law
· Internet law developed in lockstep with Internet
· Internet now mainstream
Things You Need To Know About Internet Law
· Parents are not liable for their children’s bad acts on the Internet.
· CAN-SPAM Act made SPAM lawful.
· E-credit card users are fully protected.
· Bad privacy agreements are deceptive trade practices.
· Blind people have a legal right to access commercial Internet sites.
· Law strictly limits e-selling to children.
· E-wrongs are actionable in your local court.
· Taxes must be paid on Internet transactions.
Parent Not Liable for Children’s
· Family purpose doctrine
· Awareness of knowledge and opportunity not enough
· Limited legal action
· Technological solutions
CAN-SPAM Act made SPAM Lawful
· Subject line must not be misleading
· Notice must identify e-mail source
· Must have effective and unsubscribe option
· Dealing with ANTI-SPAMERS
· Use proxy / Notice
· Spoof header
E-credit card users protected
· Credit card holder not present rules
· Fair Credit Card Billing Act
· $50 liability for unauthorized use
· 30 day delivery rule
Businesses need to know
· Businesses need to know that Internet privacy laws are important because the Federal Trade Commission and state attorney generals are regularly investigating Internet privacy matters.
· Businesses need to know that it is the connection between their privacy policies and privacy actions is the real Internet legal concern.
· Internet legal privacy difficulties arise when privacy notices say one thing and a business staff does another.
ADA and the Internet
· Disabled people need to know that they have as much a right to independent access to the Internet as to shopping center access.
· The Internet is now deemed a public accommodation.
E-Selling to Children
· Children, child service providers and businesses need to know that e-seller may not contract them more than once.
· Strict laws were passed to prevent e-selling to children under the age of 13.
· No longer point of presence of the the perpetrator
· We all need to know that Internet wrongs are actionable in our local courts.
· People need to know they will find Internet justice in their hometown courts.
Despite the Internet Tax Moratorium,
· Accountants need to know how and where to apply taxes to Internet