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| Rutgers
Spring 2004
Rutgers Law School - Newark e-Commerce Law Seminar Course Outline and Spring 2004 Schedule
I. January 15 – Introduction
Select writing topics ( in class). Start research logs and outlines.
The Internet interpenetrates all aspects of e-commerce … consider these new legal issues, new methods of resolving legal issues and new methods of preventing legal issues to arise
A. "Coping with COPPA" Jonathan Bick New Jersey Law Journal December 29, 2003
B. "Exploitation of Trademarks on the Internet" Jonathan Bick New Jersey Law Journal December 8, 2003
C. “The Recording Industry Association of America Sues Its Members' Customers” Jonathan Bick New Jersey Law Journal November 3, 2003
D. “Using the Internet to Resolve Disputes” Jonathan Bick The Legal Intelligencer October 20, 2003
E. "Internet poses many issues for H.R. professionals: Human resources concerns include handling private data, maintaining security" Jonathan Bick National Law Journal July 28,2003
Summary of business law Synopsis of business Review characteristics of the Internet How Does it Work
Assessment of elements of e-commerce What is it How big is it E-commerce users New Existing
e-Commerce stages – legal issues Start up Growth Merger / Acquisition Termination
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)
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
II. January 22- Application of Traditional Laws
Hand in a copy of the research log for review (optional).
ADA – web sites and compliance with the Americans with Disabilities Act
All PUBLICATIONS FOR JONATHAN BICK MAY BE FOUND ON WWW.BICKLAW.COM
AMERICANS WITH DISABILITIES ACT AND THE INTERNET Jonathan Bick Albany Law Journal of Science & Technology 2000 10 Alb. L.J. Sci. & Tech. 205 Implementing the ADA on the Internet Jonathan Bick New Jersey Law Journal October 16, 2000 Assess for all Jonathan Bick The Daily Deal September 27, 2000
Web Site Tenant Rights – similar to rights associated with outsourcing agreements
Web Site Tenant Right Jonathan Bick New Jersey Law Journal April 19, 1999
FTC – deceptive trade practices Trademark – domain name vs. trademark matters Unsolicited fax prohibition laws – technology merger for emails and faxes Patent infringement – business process patents
Adapting Process Patent to Cyberspace Jonathan Bick New York Law Journal November 19, 1998
Tax – State local nexus issues and Federal / International income sourcing issues
Implementing E-Commerce Tax Policy Jonathan Bick International Legal Strategy September 2000
Content rights – work for hire
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 Internet service providers (ISPs) are protected from legal liability for certain actions of their clients
III. January 29 Application of Uniquely Internet Laws
Hand in copy of the guided research paper outline for review.
Why Should the Internet Be Any Different? Jonathan Bick Pace Law Review Fall 1998
Trespass Theory Poses Threat to Internet Jonathan Bick New York Law Journal August 21, 2000
Digital signatures- Federal law, 30 + state laws and non-US law COPPA – contact with children
New Rules Aim to Protect Children’s Privacy on the Internet Jonathan Bick New Jersey Law Journal April 17, 2000
Spamming – state laws Special laws – LA anti-Internet gambling stops e-internet real estate transaction
On-Line Deals Jonathan Bick New York Law Journal April 14, 1999
Tax – moratorium
The Tax Man in Cyberspace Jonathan Bick New Jersey Law Journal August 21, 2000
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
IV. February 5 Business Advice
Outlines Returned with comments (not graded).
How Is Internet Coming Into Play? Jonathan Bick New York Law Journal August 14, 2000
The Electronic Commerce Landscape Jonathan Bick June 28, 1999
Beyond Business Plans Jonathan Bick The Daily Deal March 18, 2000
Avoid An Identity Crisis Jonathan Bick The Daily Deal October 19, 1999
license don’t sell domain names
TheLegal Advantages of Licensing Domain Names Jonathan Bick New York Law Journal August 24, 1999
use Digital Millennium Copy Right Act to limit infringement liability
Applying Copyright Law on the Internet Jonathan Bick New Jersey Law Journal July 26, 1999
use demonstrations references as part of Internet agreements use provisional patents – low cost protection
Patents Are Important for Internet Business Methods Jonathan Bick New jersey Law Journal December 14, 1998
get trademarks with domain names limit litigation – consider activity issues and physical location issues
Internet and Parental Legal Liability Jonathan Bick New Jersey Family Lawyer June 1999
tax considers - locations of people, property, real estate
Internet Access Service Not Subject to Sales Tax Jonathan Bick New York Law Journal June 19, 1997
treating web site contacts like software agreements risk unknown – use contact indemnification limit liability form e-visitors – use exit notice
Due Diligence for ‘Dot-Com’ Deals Jonathan Bick New York Law Journal May 18 1999
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
V. February 12 GUEST SPEAKER Submit guided research paper draft
General Advice and Introduction to the Uniform Computer Information Transactions Act
Consider if transaction publishing, telecommunication, broadcasting
Electronic Commerce Revisited Kenneth Scott Stanford Law Review May 1999
Agenda 2000: Internet Jason Nissse The Independent January 2000
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
VI. February 19 Start up Feedback given on guided research paper draft (mandatory)
A Formation Agreement for Exchange of Confidential Information B Funding 1. Private 2. Public C Physical Assets D Web site formation agreements
Progressing Towards a Uniform Commercial Code for Electronic Commerce Maureen O’Rourke Berkeley Technology Law Journal Spring 1999
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. February 26 Start up
Schedule feedback meetings
Business Law – Electronic Commerce – digital signatures Kalama Lui- Kwan 1999
Intellectual Property Trademarks Copyrights Patents
Web site agreements Internet site terms of use agreement International customer agreement
Zippo Manufacturing Company v. Zippo Dot Com 952 F. Sup. 1119 January 16, 1997
Price Water House Coopers v. Cedar resources 1999 Fl. App. Lexis 12141 September 10, 1999
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
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
VIII. March 4 Growth
Submit joint article draft (graded)
Legal risks associated with e-commerce
Privacy Policy
Revenue – five general e-business models 1. The Internet presence model, which involves no direct sales or advertising 2. The advertiser supported ore sponsored model – nothing for sale 3. The feed based or subscription model – fee for access 4. efficiency or effective gains model – firm use Web to decrease cost 5. Online store front – direct sale of good or service over the web Expense 1. Promotional … coupons 2. Advertising 3. Alliances
ACLU v. Reno (US District Court only) February 1, 1999
Home Shopping Network v. Coupco 1998 U.S. Dist Lexis 2111 February 27, 1998
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
IX. March 11 Growth
Submit final draft of joint article
Guest Speaker … Jonathan Bick will be speaking at the Georgetown University Law Center’s Advanced Computer and Internet Law Institute on March 8th and 9th.
Amazon.com v. Barnes and Nobel 1999 U.S. Dist. Lexis 18660 December 1, 1999
GTE New media Services v. Ameritech 21 F. Sup 2d 27 September 28, 1998
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
No Class March 18
X. March 25 Mature / Steady state
Select presentation times
A Outsourcing B Covenant not to compete agreements C Letter of Credit
Sprint v. Deangelo 12 F. Supp. 2d 1188 June 30, 1998
Letters of Credit and Electronic Commerce R. David Waitaker Idaho Law Review 1995
Due Diligence for ‘Dot-Com’ Deals Jonathan Bick New York Law Journal May 18 1999
The Legal Significance of PINs in Banking Clement Shum Hong Kong Law Journal December 2000
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. WebTrust 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. April 4 Mature / Steady state
Taxes Federal Income Excise State and Local Income Sales Use Alternatives to taxation No Action Bureaucratic action Change enforcement New rules and regulations Legislative action Moratorium Revenue sharing Internet Service providers as tax collectors
Licensing Software Intellectual property Payments Obligations
Sales to governmental entities Bidding via the Internet Protesting contract awards
California Marine Cleaning v. US US Court of Claims October 1998
101.Taxes apply to Internet transactions
XII. April 8 Termination
Acquired and being acquired
Merger
Spin-off
Bankruptcy
Winding down
XIII. April 15 Special Topics and Student Presentations
Class Presentations of Guided Research (10 minutes each) … peer critique
XIV. April 22 Special Topics and Student Presentations
Class Presentations of Guided Research (10 minutes each) … peer critique
Tuesday April 27 to Thursday April 29 Reading Period
Friday April 30 to Wednesday May 12 Exam Period
Friday, May 28 Graduation
Final papers must be handed in to the office of the registrar and are
due on April 22 which is the last day of class. Please attach the first
page of each case and /or article cited. |
