Spring 2020

Spring 2020

Linda Garbaccio

E-Commerce Spring 2020

Thursday 3:55pm – 5:50 pm

Contact Information Jonathan Bick - Brach Eichler, LLP

101 Eisenhower Parkway Roseland, NJ 07068

Office phone 973-403-3155 Jbick@Bracheichler.com www.bicklaw.com

First Day of Class January 17 Last Day of Class April 23

E-Commerce Schedule

Class 1 Internet and E-commerce Introduction – January 17

Class 2 Internet Consumer and Business Protection – January 23

Class 3 Restricting E-competition – January 30

Class 4 E-Contracts – February 6

Class 5 Internet Service Providers – February 13

Class 6 Internet Commerce Bad Acts – February 20

Class 7 Internet web sites – February 27

Class 8 Internet Commercial Communications – March 5

Class 9 Domain Names – March 12

Class 10 E-payments – March 26

Class 11 Internet Taxation – April 2

Class 12 Telecommunication – April 12

Class 13 Special Topics and Student Presentations – April 16

Class 14 Special Topics and Student Presentations – April 23

Detailed Class Descriptions

Class 1 Internet and E-commerce Introduction - January 16


(See "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. )

(See The Americanization of E-commerce law -- http://www.bicklaw.com/Publications/AmericanizatonE-Commerce.htm )

A. How Internet works (Course Materials 1)

(See Internet Laws Can Protect All Types of Businesses http://www.bicklaw.com/Publications/BusinessProtection.htm )

B. Elements of e-commerce


"Online Advertising Favored" E-commerce Journal July 1, 2013

(See Lawful Use of Internet Keywords

http://www.bicklaw.com/Publications/LawfulUseofInternetKeywords.htm )

Delivery system for digital goods

Delivery system for services

Billing system

(See Merchant Service Agreements

http://www.bicklaw.com/Publications/Merchant_Service_Agreements.htm )

Revenue collection system

(See E-Credit Card Contract http://www.bicklaw.com/Publications/e-credit.htm )

C. State E-commerce laws --- UNIFORM ELECTRONIC TRANSACTIONS ACT, - National Conference of Commissioners of Uniform State Laws, Uniform Electronic Transactions Act Sec. Summary ---

The Uniform Electronic Transactions Act (UETA) has been adopted by 46 States, the District of Columbia, and the U.S. Virgin Islands. For e-commerce purposes UETA's purpose is to bring into line the differing State laws over the validity of electronic signatures, thereby supporting the validity of electronic contracts.

Definitions are given in Section 2 for e-commerce purposes see Section (8) Electronic signature - means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. Another important aspect of this definition lies in the necessity that the electronic signature be linked or logically associated with the record.

The Scope of this Act is inherently limited by the fact that it only applies to transactions related to business, commercial (including consumer) and governmental matters. Consequently, transactions with no relation to business, commercial or governmental transactions would not be subject to this Act. Unilaterally generated electronic records and signatures which are not part of a transaction also are not covered by this Act. Section 4 states that the Act "...applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored"

Section 5(a) states that transactions are not required to be in electronic form and 5(b) states (b) This [Act] applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

Section 6 - The application and intended purpose of the Act is listed. Namely "to facilitate and promote commerce and governmental transactions by validating and authorizing the use of electronic records and electronic signatures"

Section 7 gives legal recognition to electronic signatures, records and contracts

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.

Section 8 provides that the information be available to all parties.

(a) ...An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

Section 9 discusses the attribution and effect of electronic record and electronic signatures

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

Section 10 defines the conditions if a change or error in an electronic record occurs in a transmission between parties to a transaction.

Section 11 This Section permits a notary public and other authorized officers to act electronically, effectively removing the stamp/seal requirements.

Section 12 states that the requirement of "retention of records" is satisfied by retaining an electronic record

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:

(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

(2) remains accessible for later reference.

(c) A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.

Section 13 "In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form."

Section 14 discusses automated transactions.

(1) discussed situations where "...contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements."

(2) applies to a contract that "may be formed by the interaction of an electronic agent and an individual".

Section 15 defines the "Time and Place" aspects of electronic transmissions.

This section provides default rules regarding when and from where an electronic record is sent and when and where an electronic record is received. This section does not address the efficacy of the record that is sent or received. That is, whether a record is unintelligible or unusable by a recipient is a separate issue from whether that record was sent or received. The effectiveness of an illegible record, whether it binds any party, are questions left to other law.

Section 16 outlines transferable records

A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) a single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;

D. Self-help

(See E-Self Help http://www.bicklaw.com/Publications/e-self_help.htm )

(Also see Clayton X-Ray Co. v. Professional Systems Corp. http://www.badsoftware.com/clayton.htm )

(See Curbing Internet Defamation http://www.bicklaw.com/Publications/NovelE-speechtatics.htm

E. Insurance

(E-Commerce Insurance http://www.bicklaw.com/Publications/e-commerce_insurance.htm )

Note : Errors and omissions coverage (''E & O'') provides insurance for damages resulting from negligence, omissions, mistakes, and errors made by the policyholder in the course of providing professional services. Internet firms deals in computers, computer equipment and software can have considerable E & O exposure. For example, Internet businesses that design and program web sites for others can be held accountable for mistakes that cause problems to their customers' computer networks. Other exposures include service outages and interruptions; faulty technical support; faulty security measures; release of confidential information without authorization; designing, constructing or maintaining an Internet site; maintenance of chat rooms or bulletin boards; and faulty software. In the context of the Internet and e-commerce, standard E & O policies could potentially generate dispute over the scope of coverage.

F. E-commerce Property

See Different kind of Property Rights http://www.bicklaw.com/Publications/InternetAssets.htm

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

Class 2 Internet Consumer and Business Protection - January 23

A Introduction

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

Protecting Internet Inventions: Four Different Paths August 16, 2019  New Jersey Law Journal http://www.bicklaw.com/Publications/ProtectionIP.htm

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

B. Trademark Enforcement – protect consumers from confusion as to the source of goods or services

"Internet Expands Trademark New Jersey Law Journal Volume 188, No. 4, Index 237 April 23, 2007 http://www.bicklaw.com/InternetTrademarkRights_000.htm

C. Copyright Protection – copyright rights arise when content is put into tangible form

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

"Copyright Law Protects Big Data" Internet Law and Strategy, May 5, 2015;"Big Data Rights Protection Found in Internet Copyright Law" New Jersey Law Journal April 15, 2015 http://www.bicklaw.com/Publications/BigData.htm

D. Speech – self protection

Old vs. New: Bloggers Want Same Rights as Mass Media" New Jersey Law Journal August 22, 2013 http://www.bicklaw.com/oldblogers.htm

E. Internet Consumer Protection by the Federal Trade Commission

Generally, FTC consumer protection is associated with four areas, including : 1. Entertainment -- social networks, gambling, adult content; 2. Online Shopping & E-Payments -- three-business-day right to cancel purchases of $25, auctions; 3. Privacy & Security -- identity theft, 1998 Children's Online Privacy Protection Act; 4. Spam Email -- deceptive commercial email and spammers' responsibilities under the CAN-SPAM law.

Product Liability Law Applies to Internet Products Dec 08, 2017 New Jersey Law Journal http://www.bicklaw.com/InternetProductLiability.htm

Specific FTC actions:

(1) hijacking computer modems for use in placing unauthorized telephone calls;

(2) hijacking web pages or “copy cat” website domain names to trap consumers and subject them to a barrage of pop-up ads; and

(3) using information obtained from consumers who purchased an anti-spam product to send them spam.

Sample matter and resolution

(See In Re Beylen Telecom 125 F.T.C. 276 (1998) -- for background -- . http://www.ftc.gov/os/1997/11/Bylnadmfcmp.htm -- Operators of Web site that advertised Internet connection software that, when downloaded, disconnected consumers from their service providers and reconnected them by means of expensive long distance connection through country of Moldova entered into consent order, agreeing to pay $2.7 million to more than 38,000 harmed consumers and to refrain from such deceptive activity in future.

F. Internet Consumer Protection by other Federal Agencies

The Department of Justice (DOJ) has statutory authority to prosecute distributors of software products, such as spy-ware, in cases where consumers’ privacy or security is compromised. The Computer Fraud and Abuse Act of 1984, for example, prohibits the unauthorized acquisition of data from a protected computer that results in damage.

G. Generally


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

Class 3 Restricting E- Competition - January 30

A. Introduction –

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

B. Alcoholic beverages and wine sales

(See “Legality of Internet Wine Sales in Flux” New Jersey Law Journal July 19, 2004 http://www.bicklaw.com/Publications/Legality_internet_sales.htm )

State v. Amoroso; Appellant, the State of Utah, appeals an order dismissing a criminal prosecution against Louis A. Amoroso and Beer Across America (BAA) involving several violations of Utah liquor laws. Materials 4

Granholm v. Heald, 544 U.S. 161 L. Ed. 2d 796, 125 S. Ct. 1885 (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.

C. Gambling

People of New York v. World Interactive Gaming Corp., 185 Misc. 2d 852, 714 N.Y.S.2d 844, 1999 N.Y. Misc. LEXIS 425, 1999 WL 591995, (N.Y. County Sup. Ct. 1999) (finding that state and federal law prohibit offer of Internet gambling to New York residents)

D. Prescription drugs

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

(See "State E-pharmacy Regulation" New Jersey Law Journal March 26, 2007 http://www.bicklaw.com/Publications/E-pharmacy.htm )

(See "Purchase of Medications Online is Lawful" New Jersey Law Journal April 9, 2004

http://www.bicklaw.com/Publications/medications_purchase_online.htm )

Nelson v. United States, , SUPREME COURT OF THE UNITED STATES, 125 S. Ct. 935; 2005 U.S. LEXIS 244; 73 U.S.L.W. 3399, January 10, 2005, Decided

E. Practice of law

Unauthorized Practice of Law Comm. v. Parsons Tech., Inc., No. 99-10388, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 179 F.3d 956; 1999 U.S. App. LEXIS 14234, June 29, 1999, Decided

F. Cigarettes

G. Sales of Guns

H. Pornography

I. Price control

"Coordinating Traditional and Internet Sales" http://www.bicklaw.com/coordinating.htm )

J. Regulated Bond Sales

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

Selling Municipal Securities via the Internet" New Jersey Law Journal November 11, 2013


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

Class 4 E-Contracts – February 6

A. Application of traditional law to Internet agreements

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

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

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

New Jersey Law Journal August 14, 2017

B. Authentication of signatures

C. Electronic signature statutes

Electronic Signatures in Global and National Commerce Act

Uniform Electronic Transaction Act

Viable E-signature Options http://www.bicklaw.com/Publications/Viable_e-signature.htm

D. Elements of an electronic agreement

F. Clickwrap

Vault Corp. v. Quaid Software Ltd. 655 F. Supp. 750 (E.D. La. 1987), aff'd, 847 F.2d 255 (5th Cir. 1988) See http://cyber.law.harvard.edu/ilaw/Contract/vault.htm.

Hill v. Gateway 2000, Inc 105 F.3d 1147 (7th Cir. 1997), cert. denied, 522 U.S. 808 (1997) See http://www.law.emory.edu/7circuit/jan97/96-3294.html.

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

Class 5 Internet Service Providers – February 13

A. Identifying Internet Service Providers

B. Limiting liability for Internet Service Providers

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

C. Internet Service Providers' agreements

Southwestern Bell Tel. Co. v. Delaney, 809 S.W.2d 493 (Tex. 1991)

Hagen v. America Online, Inc., No. 971047 (Cal. App. Dep't. Super. Ct., settled June 20, 1996) http://legal.web.aol.com/decisions/dlpriv/howard9th.html

In addition to standard terms of service, online service providers often include other agreements associated with computer software and services provided to their subscribers. Among these agreements are: Software License Agreements, Service Agreements and Web Site Agreements.

License Agreements -- generally relate to computer software communications programs provided by the online service provider for use by the subscriber. These documents usually limit the hardware configuration on which the software may be operated. Many of these agreements provide that copies of the software may be used at a ''site,'' defined as all personal computers, (including networked systems) with the same operating system platform at a single location or at different locations that are connected by a single networked system.

Service Agreements -- set forth the rules and regulations for users accessing the online system. Often a subscriber may authorize more persons to access the network, as long as these persons reside with the member. The terms of service should state whether its online service is only for personal use by members and may not be resold.

Web Site Agreements -- Service providers should inform users, subscribers, and persons accessing your network or web site of the fact that your company monitors email and other communications and other access to your computer networks

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

Class 6 Internet Commerce Bad Acts – February 20

Feedback given on guided research paper draft (not mandatory)

A. White Collar Crimes and Economic Espionage Act 1996 – use and misuse of Internet bad act control mechanisms

“Man in the Middle Attacks” New Jersey Law Journal JANUARY 11, 2016 http://www.bicklaw.com/Publications/ManintheMiddleAttacks.htm

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

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

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

B. Identity theft

"Some States Criminalize Internet Identity Theft" New Jersey Law Journal November 18, 2013 http://www.bicklaw.com/SomeStatesCriminalizeInternetIdentityTheft.htm

Stern v. Delphi the Internet Services Corp. 165 Misc. 2d 21, 626 N.Y.S.2d 694 (N.Y. Sup. Ct. 1995) http://www.loundy.com/CASES/Stern_v_Delphi.html

C. Phishing

D. Denial of service attacks

E. Commercial viruses

F. Trespass to Chattel

eBay, Inc. v. Bidder's Edge 100 F. Supp. 2d 1058 (N.D. Cal. 2000) -- See http://pub.bna.com/lw/21200.htm

Register.com v. Verio, Inc. 126 F. Supp. 2d 238 (S.D.N.Y. 2000) -- See summary http://www.internetlibrary.com/cases/lib_case23.cfm

G. Unauthorized Entry

H. Copyright Infringement

Federal Court Dents RIAA Strategy Against File-Sharers See http://www.bicklaw.com/Publications/RIAASetBadk.htm

"Download Enforcers May Be Singing New Tune" See http://www.bicklaw.com/Publications/RIAAEnforcement.htm

I. Pyramid Schemes

J Self help exceptions -- review from Class 1

See Curbing Internet Defamation http://www.bicklaw.com/Publications/NovelE-peechtatics.htm

(See E-Self Help http://www.bicklaw.com/Publications/e-self_help.htm )

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 ... and 60. Internet message encryption laws diverge

Class 7 Internet web sites – February 27

A. Web site development agreements - (See Insured Warranty http://www.bicklaw.com/Publications/Insured_Warranty.htm )

B. Web site maintenance agreements- (See e-Outsourcing http://www.bicklaw.com/Publications/e-outsourcing.htm )

C. Intellectual property ownership / Notice - “Judicial Notice and the Internet" Washburn Law Journal Spring 2013 http://www.bicklaw.com/JudicalNotice_000.htm

D. Digital Millennium Copyright Act - (See DMCA Guide http://www.bicklaw.com/Publications/DMCA_Guide.htm )

(See Performance Standards http://www.bicklaw.com/Publications/performance_standards.htm )

RealNetworks, Inc. v. Streambox, Inc. No. C99-2070P, 2000 U.S. Dist. LEXIS 1889 (W.D. Wash. Jan. 18, 2000) ( See http://www.law.uh.edu/faculty/cjoyce/copyright/release10/Real.html ).

Kelly v. Arriba 77 F. Supp. 2d 1116 (S.D. Cal. 1999), aff'd in part and rev'd in part, 280 F.3d 934 (9th Cir. 2002)(See http://docs.law.gwu.edu/facweb/claw/ArribaSo.htm )

A & M Records, Inc. v. Napster, Inc. 54 U.S.P.Q.2D (BNA) 1746 (N.D. Cal. May 5, 2000) http://www.law.cornell.edu/copyright/cases/239_F3d_1004.htm ).

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; and 70. FCC has begun to regulate the Internet

Class 8 Internet Commercial Communications – March 5


Cyber Promotions, Inc. v America Online, Inc. 948 F. Supp. 436 (E.D. Pa. 1996).

Hotmail Corp. v. Van$ Money Pie, Inc. 1998 U.S. Dist. LEXIS 10729, (N.D. Cal. Apr. 16, 1998).

Intel Corp. v. Hamidi 30 Cal. 4th 1342 (2003).

1. "Dual Use Spam" New Jersey Law Journal May 8, 2006; http://www.bicklaw.com/Publications/DualUseSpam.htm

2. Spammers Should Know Their Source New Jersey Law Journal April 11, 2005


3. Is your Client a Spammer? New Jersey Law Journal October 18, 2004


B. Pop-Ups

1-800 Contacts, Inc. v. WhenU.com, Inc. and Vision Direct, Inc. 309 F. Supp. 2d 467 (S.D.N.Y. 2003)

U-Haul Int'l, Inc. v. WhenU.com, Inc. 279 F. Supp. 2d 723 (E.D. Va. 2003)

C. Broadcast advertisements

Playboy Enterprises, Inc. v. Netscape Communications Corp. 354 F.3d 1020 (9th Cir. 2004).

D. Speech

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

E. E-publications

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

F. E-mail

Bick "E-Pink Slip" (See http://www.bicklaw.com/Publications/E-PinkSlip.htm )

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

Class 9 Domain Names – March 12

A. Registration of Domain Names

B. Anti-cyber Squatting Act

C. Element of a domain name litigation

D. Microsoft Corporation v. J. Holiday Co. Case No. D2000-1493 WIPO Arbitration and

Mediation Center ---

E. Digital Equipment Corp. v. Altavista Technology, Inc. 960 F. Supp. 456 (D. Mass. 1997)

F. TicketMaster Corp. v. Microsoft Corp.

G. Nissan Motor Corp v. Nissan Computer Co. 89 F. Supp. 2d 1154 (C.D. Cal. 2000), aff'd, 246 F.3d 675 (9th Cir. 2000)

H. Typo piracy

I. TCPIP Holding Co. v. Haar Communs. Inc., 2004 U.S. Dist. LEXIS 13543 (D.N.Y. 2004)

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

Class 10 E-payments – March 26

A. Credit card law -- Credit cards primarily accommodate low-value retail transactions, bill payments, cash withdrawals, and inter-account transfers.

A credit card does not result in a direct transfer of funds from the payor to the payee; however, credit cards displace payment transactions by aggregating them into single daily or weekly payments to payee-merchants and monthly payments to consumers. In any event, inasmuch as the credit card payment does not facilitate access to the cardholder's funds on the basis of electronic communication, it is not an electronic initiator of a funds transfer.

B. Pay Pal -- 7 N.C. Banking Inst. 375, University of North Carolina School of Law Banking Institute - April, 2003 7 N.C. Banking Inst. 375 NOTES & COMMENTS: VI. PayPal: Online Peer-to-Peer Payments: PayPal Primes the Pump, Will Banks Follow?

C. Electronic fund transfers

D. Wire Transfers -- The wire transfer is a credit-driven mechanism, handling the transmission of each payment order individually, to accommodate particularly large-value payments. Wire transfer systems are electronic.

There are two wire transfer systems in the United States. Fedwire, a nationwide wire system operated by Federal Reserve Banks, is a gross-settlement system providing ''immediate funds'' at each receiving institution's Federal Reserve Bank. CHIPS, a New York-based wire system operated by the New York Clearing House Association, is a net net settlement system providing ''same-day funds'' at the Federal Reserve Bank of New York.

In addition to CHIPS and Fedwire, depository institutions may transmit to each other payment orders relating to wire transfers by means of telex or SWIFT messages, in which case they settle bilaterally through correspondent accounts.

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 101. E-commerce taxation

Class 11 Internet Taxation – April 2

A. State and local taxes

Quill Corporation v. North Dakota and beyond

South Dakota v. Wayfair, Inc., 585 U.S. ___ (2018), was a United States Supreme Court case in which the court held by a 5-4 majority that states may charge tax on purchases made from out-of-state sellers, even if the seller does not have a physical presence in the taxing state. The decision overturned Quill Corp. v. North Dakota (1992), which had held that the Dormant Commerce Clause barred states from compelling retailers to collect sales or use taxes in connection with mail order or Internet sales made to their residents unless those retailers have a physical presence in the taxing state.

Since the decision of Quill in 1992, the volume of interstate sales via electronic channels, particularly purchases from Internet vendors, has grown rapidly, and the Government Accountability Office has estimated that in 2017 states had lost over US$13 billion in taxes they could not collect. Following a statement made in a concurrence opinion by Justice Anthony Kennedy in a 2015 related case which suggested that it was time to review the decision of Quill in the wake of modern technology, more than 20 states passed "kill Quill" legislation intending to collect sales tax from out-of-state vendors, purposely to provide the necessary legal vehicle to take to the Supreme Court; South Dakota's was the first to make it through lower courts to the Supreme Court.

The Court granted a writ of certiorari in January 2018, heard the case on April 17, 2018, and issued its decision on June 21, 2018. A five-justice majority overturned Quill, ruling that the physical presence rule decided from Quill was "unsound and incorrect" in the current age of Internet services.

Tax moratorium

B. Federal taxes

Estate Planning in the Age of Cryptocurrency April 23, 2018 New Jersey Law Journalhttp://www.bicklaw.com/Publications/EstatePlanningintheAgeofCryptocurrency.htm

C. Foreign taxes

101.Taxes apply to Internet transactions

Federal Tax Issues

Electronic Commerce Tax objectives :

1. Neutrality -- Ideally the tax rules applicable to electronic commerce should not place it at a disadvantage to other forms of trade;

2. Administrative Complexity -- The decentralization of the Internet makes it difficult to track, monitor and collect tax with respect to Internet transactions;

3. Disintermediation -- The loss of traditional third party intermediation (for example, the banking system) results in an increased difficulty in tracking and enforcing tax liability. The loss of withholding agents is a central issue; and

4. Auditability -- The ability to monitor the Internet challenges tax administrators at all levels.

Substantive Tax Concerns

Frame work -- For federal tax purposes, all domestic U.S. entities and businesses are taxed on all income regardless of situs, subject only to credit or treaty limitations on income derived from foreign sources.

Foreign entities, however, are taxed only on their U.S. source income, i.e., to the extent that the income is sourced in this country.

The source-of-income concept plays an essential role in international taxation because the country of source generally has a right to tax income whereas the country of residence generally avoids double taxation through a credit system or an exemption system. Generally, the source-of-income rules are applied similarly throughout the world. In general, the source of income is located where the economic activities creating the income occur. For example, income derived from the use of intellectual property has its source in the location where the intellectual property is utilized. Similarly, compensation for labor or personal services has its source in the location where the labor or personal services are performed. Certain residence-based source rules have been adopted for certain types of income such as capital gains because the country of residence represents the location where the economic activity occurred.

In the past, courts have considered whether or not a company or business located outside of the United States is subject to U.S. tax, based on the fact that transmissions from outside the United States reach U.S. citizens and produce business and profits for that company outside of the United States. Consider radio station as analogy for Internet

Courts have decided that even though a radio station had listeners and advertisers in the United States it was not subject to U.S. tax, because the capital and labor employed and the services performed were outside the United States, as was the transmitter. This case seems applicable to a situation in which a non-U.S. corporation transmits information through the Internet using servers located in another country and those transmissions over the Web result in customers and business income from U.S. residents. A foreign corporation that has no office or place of business in the United States, that broadcasts radio programs designed for and directed to listeners in the United States, and that receives compensation from citizens of the United States in accordance with contracts that were executed outside of the United States, was held not to receive compensation or income from sources within the United States and was not subject to income tax. The court found that the fact that income came from United States residents did not determine that the income was subject to United States income tax, where all of the work done to earn the money was done outside of the United States. The court points out that the source of the income was not the place, but the activity.

Tax Treaties --- United States tax treaties generally give the resident's country an unlimited right to tax income while limiting or eliminating the source country's right to tax unless the non-resident is somehow ''present'' for tax purposes in the source country. In the tax treaties, this concept of presence takes the form of ''permanent establishment.'' A permanent establishment is a more-or-less fixed place of business or abode that permits the source-base country to exert taxation rights over income attributable to that business.

Sourcing of Electronic Commerce --- Electronic commerce complicates the issue because the nature of electronic commerce transactions makes it difficult to identify the source or where the activity occurred. For example, does telecommunications or computer equipment owned or used by a foreign person engaged in electronic commerce create a fixed place of business of the foreign person in the United States or other tax jurisdiction? Does the fact that a foreign enterprise is using a U.S.-based Internet provider create a physical presence for tax purposes?

Shifting Income via the Internet -- One danger to the U.S. revenue system is the potential ability of controlled foreign corporations (CFCs) to use the Internet to shift offshore substantial income and other activities without being subject to U.S. tax jurisdiction. The allocation of income among a number of jurisdictions. The problem arises when a single activity is conducted in multiple jurisdictions (e.g., an Internet-based worldwide research and design process, engineering or consulting contract).

Class 12 Telecommunication – April 9

A. Introduction

Internet Legal Ethics and Client Privacy New Jersey Law Journal June 12, 2017 http://www.bicklaw.com/Internetethics.htm

Internet Communication Privacy Rights -- Existing Statutes and Case Law Reduce Constitutional Protection (See http://www.bicklaw.com/INTERNETCOMMUNICATIONPRIVACYRIGHTS.htm )

"Telecommunications - the term 'telecommunications' means the transmission, between and among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received."

( See 47 U.S.C. § 153(43) (1999))

B. VOIP Voice Over Internet Protocol

Vonage Holding Corporation v. Minnesota Public Utility ( See http://www.nysd.uscourts.gov/courtweb/pdf/D08MNXC/03-08475.PDF )

C. Regulation of Internet Service Providers

FCC 214 license - Nat'l Cable & Telecomms. Ass'n v. Brand X Internet Servs., Nos. 04-277 and 04-281 , SUPREME COURT OF THE UNITED STATES, 125 S. Ct. 2688; 162 L. Ed. 2d 820; 2005 U.S. LEXIS 5018; 18 Fla. L. Weekly Fed. S 482, March 29, 2005 (See http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-277 )

D. Internet or not -- Level 3 Communs., LLC v. Public Utilities Comm'n of Colo., Civil Action No. 01-N- 2455 (CBS) , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO , 300 F. Supp. 2d 1069; 2003 U.S. Dist. LEXIS 25041, December 8, 2003

Concentric Network Corp. v. Commonwealth, No. 290 F.R. 2003 , COMMONWEALTH COURT OF PENNSYLVANIA , 877 A.2d 542; 2005 Pa. Commw. LEXIS 322, April 4, 2005,

Class 13 Special Topics and Student Presentations - April 16

Class Presentations of Guided Research (10 minutes each) … peer critique

International E-commerce

"International Internet Law" New Jersey Law Journal January 1, 2007


"Overseas Courts Limit American Internet Speech" New Jersey Law Journal July 3, 2006


Class 14 Special Topics and Student Presentations – April 23

Class Presentations of Guided Research (10 minutes each) … peer critique