Fall 2020 – On-line

Fall 2019 -Internet Law Bick 660-01 2 17962 TH 3:55-5:50 RS 12/10/20

Fall 2020 - Internet Law Seminar Credits: 2 Thursday 3:55 pm - 5:55 pm

ALL CLASSES WILL BE TAUGHT VIA ZOOM --- UNLESS NOTIFIED  and then at Rutgers School of Law–Newark Center for Law and Justice 123 Washington Street Newark, NJ 07102–3046

First Class --- Thursday August 27

Final Class --- Tuesday November 24 --- Final work product due  VIA E-MAIL  to  jbick@bracheichler.com on the last day of class

Internet Law Seminar summary -- The Internet as a medium for commerce and communications poses novel legal challenges. This course addresses issues that must be considered when transacting business, offering services, or merely using the Internet. It covers electronic commerce, intellectual property protection, state regulations, contracts, privacy, torts, taxation, speech, crime, security regulations, advertising, and jurisdiction.

Internet Law Seminar Course Outline and Schedule

Class Date Topic

I August 27 Introduction to the Internet and Internet Law
II September 3 Internet Technology and Internet Law Models
III September 10 Privacy
IV September 17 Internet application to Jurisdiction, Regulation and more
V September 24 Intellectual Property - Trademarks, Copyrights & Patents
VI October 1 Speech / Censorship
VII October 8 Torts
VIII October 15 Criminal Law
IX October 22 Death and Taxes
X October 29 Elements of electronic commerce
XI November 5 International Law
XII November 12 Regulated activity - Gambling, Spam, and Drugs
XIII November 19 Student Presentations & special topics

XIV November 24 Student Presentations & special topics FINAL WORK PRODUCT DUE

Contact information –Jbick@bracheichler.com--- 973-403-3155 (office)

I August 27 Introduction to the Internet and Internet Law

1. "Why Should the Internet Be Any Different" Pace Law Review (Fall 1998) Please note this and other articles which were written by Jonathan Bick may be found on BickLaw.com at http://www.bicklaw.com/Publications/index.html.
2. Let’s Get Technical (Course Materials 1 may be found on – see Rutgers Canvas ).
3. "Abusive Social Networking Can Yield Intellectual Property Infringement" e-Commerce Law & Strategy October 2010
http://www.bicklaw.com/Publications/Abuse.htm
4. Current Internet Laws (Course Materials 2)
5. Pending Internet Law Snap Shot -- (Course Materials 3)
6. "Failure to Consult Internet May Result in Legal Malpractice" New Jersey Law Journal January 21, 2013; http://www.bicklaw.com/Publications/FailuretoConsultInternet MayResultinLegalMalpractice.htm

Review Text Topics … Chapters 1 - 10 Please note that the numbers which follow refer to chapters in 101 Things You Need To Know About Internet Law by Jonathan Bick (Random House 2000) copies in Library

Please note that the numbers below refer to chapters in 101 Things You Need To Know About Internet Law by Jonathan Bick (Random House 2000) copy on Canvas.

1. A parent is almost never liable for a child's bad acts on the Internet
2. To make Internet contracts enforceable, simply have proof of written signed terms
3. To avoid out-of-state liability when using web ads, avoid out-of-state contacts
4. Web site advertisement publishers are almost never liable for customers' advertisements
5. What can legally be done if a person impersonates another on the Internet
6. Buying and selling medicine on the Internet is legal
7. Spamming is generally not illegal, but one California court ruled spam e-mail to be illegal trespass
8. Sweepstakes and other Internet games of chance are legal
9. An Internet site's activities can result in an out-of-state suit....
10. Internet credit card transactions will be afforded the same standard of protection as all other credit card transactions
Start research logs and outlines

August 27  HIGH IMMEDIATE RELEVANCY HAND OUT – see next page

 Thereafter the high immediate relevancy handouts will be sent via e-mail or posted

August 27  HIGH IMMEDIATE RELEVANCY HAND OUT

'Worst Nightmare': In Wake of Tragedy, Salas Calls for Efforts to Safeguard Online Privacy of Federal Judges

"We may not be able to stop something like this from happening again, but we can make it hard for those who target us to track us down," Judge Salas said.

ByCharles Toutant|August 03, 2020 at 04:59 PM

Screenshot from video of Judge Esther Salas’ statement calling for more precautions to be taken to protect the privacy of federal judges from internet-snooping.

Two weeks after theshooting death of her son by an attorney who came to her door with a gun, U.S. District Judge Esther Salas of the District of New Jersey has called for a “national dialogue” on safeguarding the privacy offederal judges.

In anine-minute videothat was made public Monday, Salas spoke of the killing of her son, Daniel, 20, at the hands ofRoy Den Hollander, an attorney who recently appeared before the judge in a case. Referring to Den Hollander as a “monster,” she said he knew her address and what church she attended and had “a complete dossier on me and my family.” Judges’ addresses and other information are readily available on the internet, andtheir personal information can be purchased for nefarious purposes, Salas said.

“Let’s commence a national dialogue, let’s work collaboratively to find a solution that will safeguard the privacy of federal judges,” Salas said.

In the video, Salas holds back tears as she speaks warmly of her last moments with her son, who had spent the weekend celebrating his 20th birthday with his parents and a group of college friends. Salas recalled how she and her son were in the basement July 19, cleaning up from the festivities, when the doorbell rang and he ran upstairs. Within seconds, Salas said, she heard gunshots and someone screaming “No!”

Salas said that when the gunman opened fire, “Daniel, being Daniel,” protected his father by taking the first bullet to the chest. Her husband, Mark Anderl,was shot three times—in the right chest, left abdomen and right forearm.

“While my husband is still in the hospital recovering from multiple surgeries, we are living every parent’s worst nightmare—making preparations to bury our only child, Daniel,” Salas said. “My family has experienced a pain that no one should ever have to endure. And I am here asking everyone to help me ensure that no one ever has to experience this kind of pain. We may not be able to stop something like this from happening again, but we can make it hard for those who target us to track us down.”

The FBI said Den Hollander was the primary suspect in theJuly 19 shootings of Salas’ son and her husband. Den Hollander was found dead of a self-inflicted gunshot wound the day after the shootings at Salas’ home. The FBI said Den Hollander also shot and killed a California attorney, Marc Angelucci, on July 11. Angelucci was said to be a rival of Den Hollander’s in the men’s rights movement.

Den Hollander, who appeared before Salas representing the plaintiff in a suit challenging the male-only status of the U.S military draft, was a self-described “anti-feminist” whoreferred toSalas in writings as“a lazy and incompetent Latina judge appointed by Obama.”

Among Den Hollander’s cases as a “men’s rights” attorney was asuit he filedagainst nightclubs that imposebottle service feesfor male customers but not females, and against bars that gave cheaper drinks to women on ladies’ night.

The shooting at Salas’ home bears similarities to a 2015 incident whereJulie Kocurek, a state judge in Texas, was shot and injured in the driveway of her Austin home. Kocurek was presiding over a criminal case involving the gunman. After the shooting, the state adopted a series of measures to protect judges, including one that allows them to have their home addresses removed from public records concerning property ownership, voting registration and driver’s licenses.

About half of the state’s judges have opted to have their information removed, said Hector Gomez, court security director for the Texas Office of Court Administration. Some judges in Texas, who are elected to four-year terms, see no need to conceal where they live, Gomez said.

But redaction of judges’ addresses from public agency databases doesn’t stop the dozens of private search engines that provide an individual’s address for a fee, Gomez said. He provides judges a list of 132 of those websites and encourages judges to contact each site to opt out from being listed.

Karen Painter Randall, who heads the data privacy practice at Connell Foley in Roseland, notes that A-4902, introduced in January 2019, would have required companies that collect, maintain or control personally identifiable information to obtain affirmative consent from consumers for its use. But the bill languished in legislative committees in the Senate and Assembly.

“Whilethese privacy laws are a step in the right direction, the judiciary is a unique class requiring special protection and scrutiny. No measure of protection is foolproof especially when trying to limit or restrict expanding sources of personal information about judges on the internet but we owe our judiciary and their families data protection to ensure that they can fulfill their duties autonomously and safely,” Randall said in an email.

Jonathan Bick, who practices internet law at Brach Eichler in Roseland, says that making it harder to find judges’ addresses and personal information online could make judges and their families safer. But doing so is “a non-trivial task” that would cause disruptions. One way to remove judges’ personal data from websites would be to enact a law similar to the Health Insurance Portability and Accountability Act, applying to information about judges, with the authority to take down postings of private information, Bick said. But enforcing that law would be difficult, he said. The health care professionals that are regulated by HIPAA risk losing their professional licenses if they don’t comply, he said, but website operators who post information about judges would face no such risk.

Another way to remove postings of private information about judges would be to adopt an opt-in system for websites, similar to the laws governing the European Union, Bick said. Under that model, individuals’ data could only be posted if they consent, he said. But adopting that kind of system wouldhurt American businesses, he said.

“For every action, there’s a cost,” he said.

In the U.S., a few states, including New Jersey, Massachusetts and California, have enacted aggressive data privacy laws, said Scott Christie of McCarter & English in Newark, who litigates in the areas of information technology and data privacy. The patchwork of varying state laws is hard for companies to comply with, and enforcement of state laws can be problematic, he said. There has been little movement for a federal law on the subject, although the death of Salas’ son could stir interest in Congress, Christie said.

“The real answer is to do this on the federal level so you have a common standard, and you can enforce it and it’s fairly transparent. Unfortunately we haven’t been able to get a federal data privacy law passed,” he said.

Despite the difficulty, “limiting the ability to publicly access personal information online is a laudable cause,” Christie said. He suggests judges who are concerned about online privacy should avoid having a personal presence on sites like Facebook and Instagram. “The goal is not to give people who are searching for you online any kernel of personal information they might use to get more information,” Christie said.

“It’s extraordinarily difficult dealing with these issues because of the ease of getting personal information on people these days,” Christie said. “If [the information they seek] is not online, they can hire a private investigator. If people are motivated enough and are willing to spend the time and energy and money, they are going to find out where you live.”

II September 3Internet Technology and Internet Law Models

1. “Cybersecurity: A Combination of Legal, Business and Technical Measures” October 25, 2019 New Jersey Law Journal http://bicklaw.com/Publications/Cybersecurity.htm

2. "Internet Man in the Middle Attack" Internet Law and Strategy January 29, 2016;http://www.bicklaw.com/Publications/ManintheMiddleAttacks.htm

3. “Judicial Notice and the Internet: The Legal Reasoning and Technical Basis for Taking Judicial Notice of the Fact that Internet Pages Display from the Top-Left-Hand Corner Out” Washburn Law Journal Spring 2013; http://www.bicklaw.com/JudicalNotice_000.htm
4. "Applying Nuisance Law to Internet Bad Acts, New Jersey Law Journal May 2, 2011; http://www.bicklaw.com/NuisanceLaw.htm
5. "Blogs Afforded Unequal Protection" New Jersey Law Journal January 14, 2008; http://www.bicklaw.com/Publications/Blog.htm
6. "The Internet as Governmental Action" New Jersey Law Journal October 3, 2005; http://www.bicklaw.com/Publications/TheInternetasGovernmentAction.htm
7. Internet as Publication; Internet as Telecommunications; and Internet as Broadcasting
8. “Viable E-signature Options” The Copyright & New Media Law Newsletter July 2004; http://www.bicklaw.com/Publications/Viable_e-signature.htm
9. Technology Use May Surmount E-monitoring First Amendment Difficulties" New Jersey Law Journal July 19, 2010http://www.bicklaw.com/Publications/SurmountingE-monitoring1stAmendmentDifficulties.htm
10. "Protection of Underage Internet Users Impacts E-Commerce New Jersey Law Journal January 18, 2010 http://www.bicklaw.com/Publications/Protection.htm

Review Text Topics … Chapters 11 – 20 …

Please note that the numbers which follow refer to chapters in 101 Things You Need To Know About Internet Law by Jonathan Bick (Random House 2000) copies in Library

11. Trademark names and e-linking are subject to legal scrutiny ; 12. Internet banking is legal; 13. Unencrypted Internet communication is not usually protected by attorney-client privilege; 14. Internet business methods can be patented; 15. License don't sell-Internet domain names; 16. Internet privacy rights are scarce; 17. E-commerce data collection is subject to legal limitations ; 18. The Constitution limits a court's ability to make an Internet site owner subject to an out-of-state suit; 19. Internet repossessions are legal; 20. Internet service providers (ISPs) are protected from legal liability for certain actions of their clients

Hand in copy of research log review (optional)

III September 10 Privacy

1. "General Data Protection Regulation Internet Cul-de-sac Compliance Option" New Jersey Law Journal August 8, 2018 http://www.bicklaw.com/Publications/GeneralDataProtectionRegulation.htm;

2.“Internet Legal Ethics and Client Privacy” New Jersey Law Journal,http://www.bicklaw.com/Internetethics.htmJune 12, 2017

3.” "E-Discovery Ethics: Let's Be Reasonable" New Jersey Law Journal May 4, 2016 http://bicklaw.com/E-DiscoveryEthics.htm

4. "ISP Access to E-mail Content: Not Invasion of Privacy" New Jersey Law Journal, November 9, 2011; http://www.bicklaw.com/Publications/ISPAccess.htm
5. “Advances in Internet User Tracking Technology Yield New Privacy Violation Claims" New Jersey Law Journal February 21, 2011 http://www.bicklaw.com/Publications/tracking.htm
6. “Internet Diminishes Privacy Expectations and Torts” E-Commerce Law & Strategy April 2010; http://www.bicklaw.com/Publications/InternetDiminishesPrivacy.htm
7. "Preserving Electronic Meeting Confidentiality" National Law Journal January 16, 2006; http://www.bicklaw.com/Publications/ElectronicMeeting.htm
8. "E-Dissemination of Individual's Image" New Jersey Law Journal July 20 2009; http://www.bicklaw.com/Publications/E-DisofInvimage.htm
9. United State Privacy Act U.S.C. 5 USCS § 552a (2005)
The Privacy Act prohibits nonconsensual disclosure of personal information, but is subject to numerous exemptions. One of these, the routine use exemption, permits nonconsensual disclosure of personal information where the purpose for collection is compatible with its use by the federal agency.
10. The Electronic Communications Privacy Act (CPA) 18 U.S.C. Section 2703
With respect to stored e-mail, see 18 U.S.C. 2703(a), (b) (2000) (authorizing, under the Electronic Communications Privacy Act (ECPA), subpoenas for e-mail that has been sitting on a server for longer than 180 days without being opened and for e-mail that the recipient has accessed and stored on an outside server for any length of time). If the information is stored with a service not available to the general public (e.g., one run by an employer), then the government may obtain the stored information (content or identifying) simply upon a request. See 2703(a)(1)-(3). With respect to Internet Service Provider logs (authorizing access to these records if the government alleges that the records are "relevant and material to an ongoing criminal investigation").
11. “ Internet Monitoring” New York Law Journal July 2, 2002
http://www.bicklaw.com/Publications/Internet_Monitoring.htm
12. Lawful E- Medical Communications by Physicians New Jersey Medicine November 2002 http://www.bicklaw.com/Publications/Medical_e-mail.htm
13. “e-HIPAA” New Jersey Law Journal May 27, 2002
http://www.bicklaw.com/Publications/e-HIPAA.htm
14. Patient e-Data Law New Jersey Law Journal March 25, 2002
http://www.bicklaw.com/Publications/Patient_e-data.htm
15. Children's Online Privacy Protection Act, 15 U.S.C Sections 6501-05 and safe harbor programs such as Better Business Bureaus' Children's Advertising Unit and TRUSTe
16. "Internet communication Privacy Rights" New Jersey Law Journal March 16, 2009; http://www.bicklaw.com/Publications/E-DisofInvimage.htm

Review Text Topics … Chapters 21 – 30

21. Protect domain names by securing trademark rights first
22. An Internet service agreement has some standard elements.
23. Legal notices that are properly placed on a web site will minimize or eliminate legal liability
24. Changes in trademark laws have resulted in changes in domain name dispute outcomes
25. Internet telemedicine patients have fewer rights than traditional patients
26. Applying suitability legal concept to e-stock brokers
27. Current laws do not fully protect the privacy of information in the possession of an Internet service provider
28. Workplace privacy is nearly nonexistent
29. The Internet may soon be deemed a public accommodation for the visually impaired
30. Personal jurisdiction are in flux with respect to the Internet

Hand in copy of the guided research paper outline for review

IV September 17 Internet application to Jurisdiction, Regulation and related matters

1. "Product Liability Law Applies to Internet Products" New Jersey Law Journal December 8, 2017; http://www.bicklaw.com/InternetProductLiability.htm

2. “Application of Bankruptcy Law to Internet Assets” New Jersey Law Journal February 20, 2017 http://www.bicklaw.com/ApplicationofBankruptcyLawtoInternetAssets.htm

3. "Improper Internet Use Exacerbates Malpractice Exposure" New Jersey Law Journal January 20, 2015; http://bicklaw.com/Publications/Malpractice.htm
4. "How Internet Use Can Ameliorate Mass-tort Litigation Difficulties" New Jersey Law Journal December 16, 2013; http://bicklaw.com/Publications/E-masstortlitigation.htm
5. "Cyber Rentals" New Jersey Law Journal April 24, 2006; http://www.bicklaw.com/Publications/CyberRentals.htm
6. Internet Coming into Play - Internet and Real Estate New York Law Journal, August 14, 2000; http://www.bicklaw.com/Publications/Internet_commin_into_play.htm
7. E-Land Transfer New York Law Journal, April 14, 1999 http://www.bicklaw.com/Publications/e-Land_transfer.htm
8. "Internet Job Application Regulations" New Jersey Law Journal March 6, 2006; http://www.bicklaw.com/Publications/InternetJobApplicationRegulations.htm
9. E Self Help New Jersey Law Journal September 30, 2002 http://www.bicklaw.com/Publications/e-self_help.htm
10 . Zippo Mfg. Co. v. Zippo DOT Com, 952 F. Supp. 1119 (1997) The court created a sliding scale of purposeful availment based on the interactivity of the defendant's Internet activities. A complaint alleging trademark dilution, infringement and false designation. A motion to dismiss for lack of personal jurisdiction and improper venue, was made. Court found purposeful availment because Defendant had contracted with numerous individuals and Internet access providers in Pennsylvania and the intended object of the transactions had been the downloading of electronic messages that formed the basis of suit in Pennsylvania.
11. Top HR E-Laws New Jersey Law Journal June 9, 2003 http://www.bicklaw.com/Publications/Top_HR_e-laws.htm
12. E-Cyber Squatting New Jersey Law Journal December 2, 2002 http://www.bicklaw.com/Publications/e-cyber_squatting.htm
13. Cybersell v. Cybersell 130 F. 3d 414 (9th Cir. 1997) Passive Websites and the requirement of "something more"
14. Panavision International v. Toeppen 141 F.3d 1316 (9th Cir. 1998) The effects of on-line activities

Review Text Topics … Chapters 31 – 40 … 31. The Internet can provide legal notice; 32. Consider European comparative advertising legal limitations when preparing Internet advertisements; 33. Commercial Internet web site content is protected by the First Amendment; 34. Internet auctions result in legal contracts; 35. Internet transactions can result in "choice-of-law" difficulties; 36. U.S. legal limitations apply to international Internet services; 37. International law limits use of Internet digital signatures; 38. State laws limit physicians' use of the Internet; 39. European Internet signature legal limitations differ among countries; 40. International laws extend Internet service providers' content liability

Outlines returned with comments (not graded )

V September 24 Intellectual Property - Trademarks, Copyrights and Patents

1. “Using Ethic Rules in Malpractice Proceedings to Protect Confidential Intellectual Property” January 08, 2020 New Jersey Law Journal http://bicklaw.com/Publications/eithics.htm

2. "Five Ways to Make Your Internet Idea Patentable" New Jersey Business June 2019 http://www.bicklaw.com/Internetpatent.htm;

3. “Copyright Law Change Endangers Internet Sites” New Jersey Law Journal December 26, 2016http://www.bicklaw.com/Publications/CopyrightLawChangeEndangersInternetSites.htm

4. "Copyright Law Protects Big Data" Internet Law and Strategy, May 5, 2015 http://www.bicklaw.com/Publications/BigData.htm

5. "Internet Copyright Troll" Internet Law & Strategy Volume 21, Number 2 • November 2014 http://www.bicklaw.com/Publications/InternetCopyrightTrolls.htm

6. "The Maturing Nature of e-Intellectual Property Legal Services" New Jersey Law Journal November 12, 2012;http://www.bicklaw.com/Publications/newservice.htm

7. "Lawful Use of Internet Keywords" New Jersey Law Journal April 10, 2006; http://www.bicklaw.com/Publications/LawfulUseofInternetKeywords.htm
8. "Internet-Based Franchise Encroachment Runs Rampant" New Jersey Law Journal December 20, 2010 http://www.bicklaw.com/e-Franchiseproblems.htm

9. Licensing Domain Name New York Law Journal, August 24, 1999 http://www.bicklaw.com/Publications/License_domain_Name.htm

10. Trademark Law Shapes Internet Pop-up Ads New Jersey Law Journal June 13, 2005 http://www.bicklaw.com/PopUpandTM.htm
11.  Exploration of Trademarks on the Internet New Jersey Law Journal December 8, 2003 http://www.bicklaw.com/Publications/Exploration_trademarks_over_internet.htm
12. Copyrighting e-Content New Jersey Law Journal July 22, 2002 http://www.bicklaw.com/Publications/Copyrighting_e-content.htm
13. “A Terse Guide to the e-Application of the Digital Millennium Copyright Act” Rutgers Computer and Technology Law Journal, June 2001, 27 Rutgers Computer & Tech. L.J. ___; http://www.bicklaw.com/Publications/DMCA_Guide.htm
http://www.bicklaw.com/Publications/ProtectingInternetCommunications.htm
14. METRO-GOLDWYN v. GROKSTER, LTD., 125 S. Ct. 2764; 162 L. Ed. 2d 781; June 27, 2005 -- Software distributors contended that they could not be liable for the users' infringements since the software was capable of substantial non-infringing uses. The U.S. Supreme Court found software was distributed with object of promoting infringement.

Review Text Topics … Chapters 41 – 50 41. Most proposed Internet legislation is not likely to be implemented ;42. Digital certificates do not usually provide significant legal rights ;43. Internet loans are lawful ;44. Internet insurance addresses new risk ;45. Internet wagering is generally illegal ;46. Some Internet content is legally free to use ;47. Internet nondisclosure agreements have unique features ;48. Internet investment advisers require special legal precautions ;49. Taxation of European e-commerce differs among countries ;50. Using Internet materials may increase legal risk
Hand in list of target publications

VI October 1 Speech / Censorship

1. "Cloud Content Is Copyright Protected; But Its Providers Are Not" New Jersey Law Journal July 27, 2015; http://www.bicklaw.com/Publications/CloudContentIsCopyrightProtected.htm

2. Combating Gripe Site Difficulties" New Jersey Law Journal February 25, 2015 http://www.bicklaw.com/Gripesite.htm

3. “Old vs. New: Bloggers Want Same Rights as Mass Media" New Jersey Law Journal August 22, 2013; http://bicklaw.com/oldblogers.htm
4. "Identifying Unnamed Online Speakers Just Got Easier" New Jersey Law Journal May 13, 2013; http://www.bicklaw.com/IDE-speakers.htm
5."Anonymous Versus Fraudulent Internet Speech" New Jersey Law Journal September 12, 2012; http://www.bicklaw.com/speechandfraud.htm
6. "E-Speech Becoming Semi-free Speech" New Jersey Law Journal April 21, 2008; http://www.bicklaw.com/E-speechsemi-free.htm
7. "Surfing at the Library Could Get Less Restrictive" New Jersey Law Journal January 30, 2006; http://www.bicklaw.com/Publications/PublicLibraryInternet.htm
8. American Libraries Ass'n v. Pataki, 969 F. Supp. 160 (S.D.N.Y. June 20, 1997).
Plaintiffs filed an action challenging N.Y. Penal Law § 235.21(3), which was an attempt to keep people from transmitting material harmful to minors via the Internet. The basis of seeking relief was that the Act burdened free speech contrary to U.S. Const. amend. I and also burdened interstate commerce in violation of the Commerce Clause.
9. “Political Spam” New Jersey Law Journal February 7, 2005 http://www.bicklaw.com/Publications/PoliticalSpam.htm
10. In Dow Jones & Co. v. Gutnick, Australia High Court [2002] H.C.A. 56 The Australian High Court held that Australian courts have jurisdiction over a claim of defamation based on material that was placed on the Internet outside of Australian borders. http://www.securitymana gement.com library/Dow_Gutnick0403.pdf#search='Dow%20Jones%20&%20 Co.%20v.%20Gutnick' (last visited 8/1/05)
11. “E-Broadcast” New Jersey Law Journal July 22, 2003 http://www.bicklaw.com/Publications/e-broadcast.htm
12. Reno v. ACLU, 521 U.S. 844 (U.S., 1997) The Supreme Court has rejected attempts to extend the broadcast regime to the Internet.
13. "Protecting Bloggers from Liability" New Jersey Law Journal September 26, 2011; http://www.bicklaw.com/Publications/ProtectingBloggers.htm
14. “Federal Trade Commission Regulates Blogging" New Jersey Law Journal November 30, 2009; http://www.bicklaw.com/Publications/bloggers-ftc.htm; http://www.bicklaw.com/Publications/ProtectingBloggers.htm

15. e-Publications New Jersey Law Journal, November 20, 2000 http://www.bicklaw.com/Publications/e-Pubications.htm

Review Text Topics … Chapters 51 – 60 … 51. E-business is particularly susceptible to nine legal perils; 52. International program license agreements are important for e-commerce outside of the U.S; 53. The responsibility for content control by Internet service providers varies in Europe; 54. Some countries legally protect personal data stored on the Internet; 55. Worldwide Internet e-data legal protection varies; 56. Internet signatures can be legally acceptable; 57. Internet patents are subject to legal testing; 58. Internet proxies are lawful; 59. Internet intellectual property transfers must apply state law.... ; 60. Internet message encryption laws diverge

VII October 8 Torts

1. "Need to Repair Your Online Reputation? There Are Laws for That" New Jersey Law Journal November 30, 2018 http://www.bicklaw.com/Publications/ReputationRepair.htm;

2. "Using Communication Decency Act and Promissory Estoppel to Combat Internet Defamation" New Jersey Law Journal April 7, 2016; http://www.bicklaw.com/CDA.htm

3. "Improper Internet Use Exacerbates Malpractice Exposure" New Jersey Law Journal January 20, 2014; http://www.bicklaw.com/Publications/Malpractice.htm
4.“Technology Can Cap Internet Facilitators’ Liability" e-Commerce Law & Strategy February , 2012; http://www.bicklaw.com/Publications/Techcancap.htm
5. “Curbing Internet Defamation" New Jersey Law Journal January 19, 2009; http://www.bicklaw.com/Publications/NovelE-speechtatics.htm

6. Protecting Internet Communications New Jersey Law Journal January 17, 2005 http://bicklaw.com/Publications/ProtectingInternetCommunications.htm
7. “Client Internet Services Expose Firms to New Liability” New Jersey Law Journal September 20, 2004 http://www.bicklaw.com/Publications/Client_internet_to_Liability.htm
8. “e-Trespass” New York Law Journal, August 21, 2000 http://www.bicklaw.com/Publications/e-trespass.htm
9. eBay, Inc. v. Bidder's Edge, Inc., 100 F. Supp. 2d 1058 (N.D. Cal. 2000).
An internet-based trading site, brought suit against an internet-based aggregation site, seeking to prevent use of an automated querying program. Nine causes of action: trespass, false advertising, federal and state trademark dilution, computer fraud and abuse, unfair competition, misappropriation, interference with prospective economic advantage and unjust enrichment.
10. Pop-up Advertisement Litigation Strategies New Jersey Law Journal July 19, 2004 http://www.bicklaw.com/Publications/Pop-op.htm
11. Spam Class Actions New Jersey Law Journal May 5, 2003 http://www.bicklaw.com/Publications/spam_class_action.htm
12. Stop Bad e-Publicity New Jersey Law Journal January 28, 2002 http://www.bicklaw.com/Publications/Stop_Bad_e-publicity.htm

Review Text Topics … Chapters 61 – 70 61. Internet chemical purchases are subject to recipients' jurisdictional rules 62. International e-privacy laws are primarily voluntary 63. International e-copyright laws are in flux 64. Clicking "I agree" has different meanings around the world ... 65. Global e-buyers beware 66. International e-broadcasting legal rules are country specific.. 67. Special legal liability is associated with e-promotions 68. Typical domain name cease-and-desist letter and an appropriate reply 69. Reply to domain name cease-and-desist letter 70. FCC has begun to regulate the Internet

Feedback given on guided research paper draft

VIII October 15 Criminal Law

1. “Internet Content Changes White-Collar Criminal Litigation Tactics” New Jersey Law Journal August 8, 2016http://www.bicklaw.com/Publications/InternetContentChangesWhite-CollarCriminalLitigationTactics_000.htm

2. "Courts Allow Broader Search Warrants for Internet Crimes, New Jersey Law Journal August 10, 2015; http://www.bicklaw.com/SearchWarrants.htm

3."Internet Copyright Infringement: An Emerging White-Collar Crime Internet" August 7, 2014 http://www.bicklaw.com/Publications/InternetCopyrightInfringement.htm
4. “Some States Criminalize Internet Identity Theft" New Jersey Law Journal November 18, 2013; http://bicklaw.com/SomeStatesCriminalizeInternetIdentityTheft.htm
5. "Internet Crime and the Elderly" New Jersey Law Journal August 1, 2011 http://www.bicklaw.com/Publications/e-Elderlaw.htm
6. “A Hole in the CAN-SPAM Act” New Jersey Law Journal May 10, 2004 http://www.bicklaw.com/Publications/hole_in_CAN-SPAM.htm
7. “Circumventing the CAN-SPAM Act” New Jersey Law Journal March 5, 2004 http://www.bicklaw.com/Publications/Circumventing_CAM-SPAM-Act.htm
8. “e-Respondeat Superior” New Jersey Law Journal August 26, 2002 http://www.bicklaw.com/Publications/e-respondeat_superior.htm
9. People v. Avila, 770 P.2d 1330 (Col. App 1988) - court holds that data stored on a computer disk satisfies "written instrument" requirement of forgery statute
10. “Avoiding e-Security Violations” NJLJ July 2, 2001 http://www.bicklaw.com/Publications/e-securities.htm

Review Text Topics … Chapters 71 – 80
71. Selling wine via the Internet is lawful
72. E-commerce infrastructure builder contracts require special elements
73. Forty-three state laws recognize digital signatures
74. The Federal Trade Commission has begun to regulate the Internet
75. The Internet is a litigation tool
76. The Internet is an evidentiary source
77. Internet legal evidence results in new legal difficulties
78. Promotion agency agreements for Internet services are advisable
79. e-mail is legally discoverable
80. Internet crimes and violations are emerging
Schedule feedback meetings

IX October 22 Death and Taxes

1. “Internet Wills: A Path to Enforceability” March 06, 2020 New Jersey Law Journal http://bicklaw.com/Publications/InternetWills.htm

2. Estate Planning in the Age of Cryptocurrency" New Jersey Law Journal April 23, 2018;http://www.bicklaw.com/Publications/EstatePlanningintheAgeofCryptocurrency.htm

3. All Digital Assets are Not Legally Equivalent" New Jersey Law Journal October 2, 2017http://www.bicklaw.com/Internetassets.htm;

4. “Who Inherits Your E-mail?" New Jersey Law Journal June 5, 2006; http://www.bicklaw.com/Publications/InheritE-mail.htm
5.  Inheriting Deceased's E-mail New Jersey Law Journal March 7, 2005 http://www.bicklaw.com/Publications/InheritingDeceasedsE-mail.htm
6. Implementing e-Commerce Tax Policy, Harvard Journal of Law and Technology Volume 13, Number 3 Summer 2000 13 Harv. J. Law & Tec. ___. Spring 2000. http://www.bicklaw.com/Publications/e-commerce_tax_policy.htm
7. "Internet Access Service Not Subject to Sales Tax", NYLJ, June 19, 1997 page 5 (Course Materials 4)
8. Internet Tax Freedom Act. Act Oct. 21, 1998, P.L. 105-277, Div C, Title XI, 112 Stat. 2681-719; Nov. 28, 2001, P.L. 107-75, § 2, 115 Stat. 703; Dec. 3, 2004, P.L. 108-435, §§ 2-6A, 118 Stat. 2615 (effective 11/1/2003, as provided by § 8 of such Act)

Review Text Topics … Chapters 81 – 90
81. Reducing e-law risks is possible
82. Dot.com liability insurance contracts address legal risk
83. Copying, printing, and redistributing e-data are generally lawful
84. How can I protect my name on the Internet? Register it with many variations
85. Additional legal activity may be required to protect certain e-names
86. What can be done if someone links to a web site without permission?
87. Using the Internet to find Internet law is easy but may be inaccurate
88. Legally assigning Internet content usually requires a customized contract
89. Internet hijacking is unlawful without consent
90. Unauthorized framing is usually unlawful

X October 29 Elements of electronic commerce

1. "Contract and Tort Law (Not Property) Are Required for Blockchain Property Transactions" New Jersey Law Journal June 07, 2018http://www.bicklaw.com/Contractandtortlawforblockchainproperty.htm

2, Are 'Smart Contracts' Smart Enough? -- Certain legal functions can be automated, particularly with the use of block chainshttp://www.bicklaw.com/Publications/AreSmartContractsSmartEnough.htm

3. "Internet Transactions Unlikely Public Finance Source" New Jersey Law Journal October 29, 2015; http://www.bicklaw.com/Publications/UnlikelyPublicFinanceSource.htm

4. "Internet Director and Shareholder Meetings Be Held via Internet?" New Jersey Law Journal April 8, 2015 http://www.bicklaw.com/Publications/InternetDirSHmeetings.htm

5. "Treatment of Internet Licenses in Bankruptcy" New Jersey Law Journal February 10, 2015; http://www.bicklaw.com/TreatmentofInternet LicensesinBankruptcy.htm
6. "Existing Law Promotes Internet Advertising" New Jersey Law Journal April 1, 2013; http://www.bicklaw.com/ExistingLawPromotese-Adv.htm
7. "Enforceable Browse Wrap Contracts" New Jersey Law Journal September 14, 2009; http://www.bicklaw.com/Publications/browseWrap.htm
8. AMERICANS WITH DISABILITIES ACT AND THE INTERNET Copyright (c) 2000 Albany Law Journal of Science & Albany Law Journal of Science & Technology 2000; 10 Alb. L.J. Sci. & Tech. 205 http://www.bicklaw.com/Publications/ADA.htm
9. “Protection of Underage Internet Users Impacts E-Commerce” New Jersey Law Journal January 18, 2010; http://www.bicklaw.com/Publications/Protection.htm
10. "Due Diligence for 'Dot-Com' Deals", Due Diligence New York Law Journal, May 18, 1999 http://www.bicklaw.com/Publications/Due_diligence.htm
11. "Coping With COPPA New Jersey Law Journal December 29, 2003 http://www.bicklaw.com/Publications/Coping_with_COPPA.htm
12. How e-Commerce Laws Can Increase the Digital Divide NATOA Journal of Municipal Telecommunication Policy December 2000. http://www.bicklaw.com/Publications/Digital_divide.htm
13. e-Dissemination The Internet Newsletter October 2001 volume 6, Number 7 American Lawyer Media -- Securities Law Avoiding the Violations Risked by Companies That Use the Web to Disseminate Information http://www.bicklaw.com/Publications/e-dissemination.htm
14. Funding e-Firms The Daily Deal October 23, 2001 Copyright 2001 The Deal L.L.C. http://www.bicklaw.com/Publications/funding%20e-firms.htm
15. Unauthorized Practice of Law Comm. v. Parsons Tech., Inc., 179 F.3d 956, 1999 U.S. App. LEXIS 14234 (5th Cir. Tex. 1999) -- Plaintiff moved to enjoin defendant corporation from selling and distributing software programs entitled "Quicken Family Lawyer." The district court granted the motion. The court vacated the injunction and judgment. The state legislature, subsequent to the filing of defendant's appeal, had enacted an amendment to Tex. Govt. Code Ann. § 81.101 (1998). The amendment, H.R. 1507, 76th Leg., Reg. Sess. (Tex. 1999), stated that the practice of law did not include the sale or distribution of computer software if the products stated clearly and conspicuously that the products were not a substitute for the advice of an attorney.
16 “Internet Merchant Service Agreements” September 2001 E-Commerce Supplement American Law Media http://www.bicklaw.com/Publications/Merchant_Service_Agreements.htm
17. "Internet Ticket Sales "New Jersey Law Journal November 14, 2005; http://www.bicklaw.com/Publications/E-tickets.htm
18. “Applying Technology to the Business of Health Care” New Jersey Law Journal April 30, 2012http://www.bicklaw.com/Publications/E-BusinessofHealthcare.htm

Review Text Topics … Chapters 91 –100
91. Image (IMG) links normally increase legal liability
92. Offering securities through the Internet has legal limitations
93. E-notices help protect copyrights
94. Internet publicity releases help to limit legal liability
95. E-content writer's contract may be a work-for-hire agreement
96. Internet employment services agreements usually protects one party
97. Securities brokers' obligations apply to clients' Internet trading
98. Web Trust seal providers are liable to the public
99. Obscenity and indecency e-content regulation on the Internet is in flux
100. Some public access to the Internet is legally limited

XI November 5 International Law

1. "International Internet Law Suffers Growing Pains" New Jersey Law Journal January 6, 2015; http://bicklaw.com/Publications/E-growningpains.htm
2. "Integrating Trans-Atlantic Internet Medical Law" New Jersey Law Journal February 4, 2013; http://www.bicklaw.com/Publications/IntegratingTrans-AtlanticInternetMedicalLaw.htm
3. Protecting Domestic E-Commerce" May 31, 2010 New Jersey Law Journal http://www.bicklaw.com/Publications/e-import.htm
4. "Overseas Courts Limit American Internet Speech" New Jersey Law Journal July 3, 2006; http://www.bicklaw.com/Publications/OverseasCourtsLimitAmericanE-Speech.htm
5. Course Materials 4 - Overseas Attorney View of E-Speech Restrictions -- response to "Overseas Courts Limit American Internet Speech" New Jersey Law Journal July 3, 2006;
6. Export Controls
The international transfer of information from one nation to raises the issue of prohibiting such information to certain countries to achieve national goals. Most frequently, the objective of export regulation is to protect national military security. Export controls are most readily defensible when there is a clear relationship between the high technology product and military applications. Because Internet technology can often be used for military purposes, said transfer raises national security issues.
Export Administration Act of 1979 - broadest application. The Act is administered through the Export Administration Regulations (EAR) by the Bureau of Export Administration (BXA) within the Commerce Department. These regulations govern the vast majority of dual-use high technology equipment.
7. Import Controls
8. Europe / Asia / America
9. "The Internet and Immigration" New Jersey Law Journal June 27, 2011; http://www.bicklaw.com/Publications/e-Immigration.htm
Review Text Topics … Chapters 101 ----- 101.Taxes apply to Internet transactions
Schedule second feedback meetings

XII November 12Regulated activity - Gambling, Spam, and Drugs

1. "Internet Changes Medication Sales Regulations" Internet Law and Strategy Journal Volume 32, Number 5 February 2015 http://www.bicklaw.com/Publications/InternetChangesMedicationSalesRegulations.htm

2. "Selling Municipal Securities via the Internet" New Jersey Law Journal November 11, 2013; http://bicklaw.com/SellingMunicipalSecuritiesviatheInternet.htm
3. "Dual Use Spam" New Jersey Law Journal May 8, 2006; http://www.bicklaw.com/Publications/DualUseSpam.htm
4. Spammers Should Know Their Source New Jersey Law Journal April 11, 2005 http://www.bicklaw.com/SpamTargetSource.htm
5. Is your Client a Spammer? New Jersey Law Journal October 18, 2004 http://www.bicklaw.com/Publications/client_a_spammer.htm
6. Franchise Law Applies to Internet New Jersey Law Journal September 20, 2004 http://www.bicklaw.com/Publications/Franchise_Law.htm
7. Legality of Internet Wine Sales in Flux New Jersey Law Journal July 19, 2004 http://www.bicklaw.com/Publications/Legality_internet_sales.htm
8. Granholm v. Heald, 125 S. Ct. 1885 (U.S., 2005) -- State laws allowed in-state wineries to make direct sales to customers. They force out-of-state wineries to make sales only through wholesalers and retailers at greater expense. The wineries contended that the regulatory schemes discriminated against interstate commerce. States argued that the schemes were necessary to prevent underage persons from purchasing wine and to promote the collection of taxes. The Court held that the state laws discriminated against interstate commerce. It also found that the discrimination was not authorized by U.S. Const. amend XXI, § 2.
9 e-Credit Card Contract The Internet Newsletter November 2001 volume 6, Number 8 American Lawyer Media http://www.bicklaw.com/Publications/e-credit.htm
10. Purchase of Medications Online is Lawful New Jersey Law Journal April 9, 2004 http://www.bicklaw.com/Publications/medications_purchase_online.htm
11. E-Commerce Insurance New Jersey Law Journal August 19, 2002 http://www.bicklaw.com/Publications/e-commerce_insurance.htm
12. E-Outsourcing New Jersey Law Journal October 29, 2001 http://www.bicklaw.com/Publications/e-outsourcing.htm
13. Funding e-Firms The Daily Deal October 23, 2001 Tuesday http://www.bicklaw.com/Publications/funding%20e-firms.htm

XIII November 19 Student Presentations and special topics
Special topics and begin Class Presentations of Guided Research (10 minutes each) … peer critique

1. Litigating Workplace Injuries in a Virtual Office" New Jersey Law Journal October 28, 2014 http://www.bicklaw.com/E-workplace.htm

2. "Applying Technology to the Business of Health Care" New Jersey Law Journal April 30, 2012; http://www.bicklaw.com/Publications/E-BusinessofHealthcare.htm
3. Matrimonial Lawyers Have a New Tool New Jersey Law Journal January 3, 2005 http://www.bicklaw.com/Publications/e-MatrimonialLaw.htm
4. RIAA Suits The Internet Newsletter September 26, 2003 http://www.bicklaw.com/Publications/RIAA_Suits.htm
5. The Recording Industry Association of America Sues Its Members' Customers New Jersey Law Journal November 3, 2003 http://www.bicklaw.com/Publications/E-download_suits.htm
6. Internet Charity Registration Requirements New Jersey Law Journal May 9, 2005 http://www.bicklaw.com/InternetCharityRules.htm

XIV November 24 Student Presentations and special topics TERM PAPERS DUE
Special topics and begin Class Presentations of Guided Research (10 minutes each) … peer critique

Final Class --- Tuesday November 24 --- Final work product due  VIA E-MAIL  to  jbick@bracheichler.com on the last day of class