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Internet and Online Law

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Kent D. Stuckey, Robert L. Ellis


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“A valuable practitioner's guide to the...law of the Internet. It portrays the law as it is, a still evolving system in all it's complexity and contradiction.”
Esther Dyson, President and EDventure Holding's Former Chair; ICANN Board and
Former Chair; and Board Member Emeritus, Electronic Frontier Foundation

Internet and Online Law,  a comprehensive and authoritative work, was created by an all-star team of legal experts.  It offers conceptual legal analysis, historical context, and clear, lively explanation. The oldest continuously published treatise on Internet law, this book includes in-depth coverage of many areas not found in other works.
 
Internet and Online Law provides insightful analysis of: contracting (ranging from changing concepts of the statute of frauds to the enforceability of terms and conditions stated only as a URL in hard-copy contracts); defamation and reputation management; online crimes and abusive practices; obscenity, child pornography and other sex-related issues;  social networking (including First Amendment issues, workplace policies, student rights, and advertising practices); privacy, data protection and related issues (including federal and state statutes, consumer privacy, anonymity, legal aspects of blogging and online journalism, and state data breach laws); copyright and trademark law (including comprehensive explanation of the online aspects of the Digital Millennium Copyright Act and the Communications Decency Act as applied to both online service providers and Internet users); eCommerce (including everything from Tesla sales, to gambling, to FTC consumer protection, to securities law, to a detailed analysis of virtual currency); online legal ethics; Internet jurisdiction (domestic and foreign, inbound and outbound); estate planning involving digital and online assets; and the increasingly important area of International online law.

Book #00637; looseleaf, one volume, 946 pages; published in 1996, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-074-6.


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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 946
  • ISBN: 978-1-58852-074-6
  • Pub#/SKU#: 637
  • Volume(s): 1

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  • Kent D. Stuckey

Kent D. Stuckey is CEO and Board Chairman of Internet Transaction Solutions, Inc. and also acts as a consultant on electronic commerce and Internet legal matters. He served as General Counsel and Secretary of CompuServe Incorporated from 1987 through 1995. Mr. Stuckey managed landmark cases applicable to online and Internet service, including Cubby v. CompuServe, Frank Music v. CompuServe, and CompuServe v. Patterson, and has played key roles in the development of online industry standards; self-regulation; practices and policy positions, including copyright, defamation, privacy, obscenity and indecency; and regulatory matters. In 1995 he saw the need for a legal treatise covering the law of the Internet, and was instrumental in creating Internet and Online Law: He defined in detail the scope and structure of this book, organized the team of expert contributing authors, drafted various sections, and brought the book together in its original form.



Author Image
  • Robert L. Ellis

Robert L. Ellis is a partner at Hennis, Rothstein & Ellis in Columbus, Ohio. He has practiced computer law since 1983 and Internet law since 1994. He served as a member of the Internet Policy Advisory Board (Geneva, 1996) and as chair of the Ohio State Bar Association's Digital Technology Law Committee (2003-2005). He has testified before Congress on information law issues and is a frequent speaker and writer on digital technology law and policy. Mr. Ellis has contributed to this book for many years, adding coverage of topics such as ecommerce, social networking, virtual currency, online legal ethics, and the international aspects of online law.


CHAPTER 1
Contracting in the Electronic Environment

§ 1.01 Introduction
[1] Sources of Law
[2] The Statute of Frauds
§ 1.02 Nontraditional Means of Contracting
[1] Agreements Formed in Earlier Times Via Telegram, Telex and Tape Recordings
[2] The Modern Approach to Signatures
[3] Shrink-Wrap, Click-Wrap and Browse-Wrap Agreements
[4] Hybrid Agreements
[5] Blockchain Technology and Smart Contracts
[6] Contractual Issues of Particular Concern in an Online Context

CHAPTER 2
The Online Transformation of Defamation Law

§ 2.01 Common Law Defamation
[1] Publication
[2] False Statement
[3] Malice
[4] Injury to Reputation
[5] Not Privileged
§ 2.02 State Codification of Various Aspects of Defamation Law
§ 2.03 First Amendment Constraints on Common Law Defamation
§ 2.04 The Communications Decency Act: How a Defamation Case Transformed the Internet
[1] CDA Immunity Applies to All Types of “Providers”
[2] CDA Immunity Applies to Ordinary Users as Well as Online Providers
[3] CDA Immunity Applies to More Than Just User-Posted Content
[4] Exceptions to CDA Statutory Immunity
[5] Limits of CDA Immunity
§ 2.05 The State of Online Journalism
[1] Online Journalism
[2] Reputation Management

CHAPTER 3
Online Crimes and Abuses

§ 3.01 Introduction
§ 3.02 Criminal Federal Law Regarding Electronic Communications
[1] Wiretap Act
[2] Electronic Communications Privacy Act
[3] Stored Communications Act
[4] The Pen Register Act
[5] The Computer Fraud and Abuse Act
[6] Identity Theft and Assumption Deterrence Act
[7] The CAN SPAM Act
[8] The Telephone Consumer Protection Act (TCPA)
[9] The Economic Espionage Act
§ 3.03 The Current State of Online Crimes and Abuses
[1] Online Crimes and Abuses Based on Hacking
[2] Online Crimes and Abuses Not Necessarily Involving Hacking

CHAPTER 4
Obscenity, Child Pornography, Revenge Porn, Electronic Voyeurism, and Other Sex-Related Issues

§ 4.01 Introduction
§ 4.02 The Cessation of Obscenity Prosecutions and the Shift to Child Pornography Prosecutions
§ 4.03 The Current Statutory Framework
[1] Title 18 Criminal Statutes
[2] Title 18 Provisions Applicable to Online Service Providers
§ 4.04 Section 230(d) Obligation of Online Providers to Provide Notice Regarding Filters
§ 4.05 Revenge Porn
§ 4.06 Types of Online Activities That Could Trigger Liability for Violations of Obscenity, Indecency, or Child Pornography Laws
[1] Uploading and Downloading of Child Pornography
[2] Providing Access to Third Party Materials or Servers Through an Online Provider’s Network
[3] Transmission of E-Mail
[4] Selling Products Online
[5] Facilitating Criminal Activity
§ 4.07 Approaches to Complying with Obscenity, Indecency, and Child Pornography Laws
[1] Doing Nothing
[2] Providing Warnings to Users
[3] Providing Filtering Software to Users
[4] Special Considerations for Libraries and Schools
§ 4.08 Sexting and the Culture Clash Between Technology and Law
§ 4.09 Online Sexual Harassment

CHAPTER 5
Privacy, Data Protection and Related Issues

§ 5.01 Introduction
§ 5.02 The Constitutional and Statutory Framework
[1] Fourth Amendment
[2] Fifth Amendment
§ 5.03 Major Federal Privacy Statutes
[1] Wiretap Act
[2] Electronic Communications Privacy Act
[3] Stored Communications Act
[4] Computer Fraud and Abuse Act
[5] Communications Assistance for Law Enforcement Act (CALEA)
[6] USA Patriot Act
[7] Foreign Intelligence Surveillance Act
[8] Privacy Protection Act
§ 5.04 Other Federal Statutes Relevant to Online Privacy
[1] Federal Trade Commission Act
[2] Federal Communications Commission Act
[3] Privacy Act
[4] Children’s Online Privacy Protection Act
[5] Family Education Rights and Privacy Act
[6] Cable Privacy Act
[7] Video Privacy Protection Act
[8] Telephone Records and Privacy Protection Act
[9] Health Insurance Portability and Accountability Act
[10] Health Information Technology for Economic and Clinical Health Act
[11] Fair Credit Reporting Act
[12] Fair and Accurate Credit Transactions Act
[13] Gramm-Leach-Bliley Act
[14] Restore Online Shoppers’ Confidence Act
[15] Driver’s Privacy Protection Act
[16] REAL ID Act
[17] E-Government Act
§ 5.05 State Privacy Laws
[1] Generally
[2] California
[3] Biometric Privacy Laws
[4] State Data Breach Laws
§ 5.06 The Common Law of Privacy
§ 5.07 Online Privacy and Public Policy Issues
[1] Anonymity
[2] Clashes Between the Private Sector and Government
[3] Consumer Privacy
[4] Workplace Privacy
[5] Journalism and Privacy
[6] Expungement

CHAPTER 6
Copyright

§ 6.01 Introduction
§ 6.02 Copyrightable Material
[1] Originality and Fixation
[2] Statutory Categories of Works of Authorship
[3] The Idea/Expression Dichotomy and Doctrine of Merger
§ 6.03 The Exclusive Rights of the Copyright Owner
[1] The Right of Reproduction
[2] The Right of Preparation of Derivative Works
[3] The Right of Public Distribution
[4] The Right of Public Performance
[5] The Right of Public Display
[6] The Right of Public Digital Performance in Sound Recordings
[7] Common Law Copyright and Preemption
[8] The Fair Use Doctrine
[9] Distance Education: Teach Act
[10] Title I of the Digital Millennium Copyright Act
§ 6.04 Duration, Formalities and Works in the Public Domain
[1] Duration of Copyright Protection
[2] Copyright Formalities
[3] Works in the Public Domain
§ 6.05 Copyright Protection of Specialized Works
[1] Compilations, Collective Works and Derivative Works
[2] Computer Software
§ 6.06 [Reserved]
§ 6.07 Copyright Infringement
[1] Direct, Contributory, Vicarious and Intentional Liability
[2] Remedies for Infringement
§ 6.08 Exclusive Rights in the Online Context
[1] The Right of Reproduction
[2] The Right of Preparation of Derivative Works
[3] The Right of Public Distribution
[4] The Right of Public Performance
[5] The Right of Public Display
§ 6.09 Copyright Implications of Online Activities
[1] User Uploads
[2] Granting Public Access to a Work
[3] Browsing
[4] Downloading
[5] E-Mail and List Servers
[6] Caching, Mirroring and Ephemeral Copies
[7] Hyperlinking
[8] Framing and Scraping
[9] Pop-Up Advertising
§ 6.10 Copyright Liability of Online Service Providers
[1] Direct Infringement
[2] Contributory Infringement and the Safe Harbor Provisions of the DMCA
[3] Vicarious Liability
[4] Intentional Inducement Liability
[5] The Appropriate Standard of Liability for Online Service Providers
§ 6.11 DMCA Cause of Action for Falsifying or Removing Copyright Management Information
§ 6.12 Copyright Preemption in the Online and New Media Context

CHAPTER 7
Trademark and Unfair Competition Issues

§ 7.01 Introduction
§ 7.02 Trademark Infringement
[1] Federal Trademark Infringement and False Advertising
[2] State Trademark Infringement Laws
§ 7.03 Trademark Dilution
[1] Pleading a Cause of Action
[2] Defenses
[3] Remedies
§ 7.04 False Advertising
[1] Federal Cause of Action Under Section 43(a) of the Lanham Act
[2] False Advertising and the Federal Trade Commission
[3] State False Advertising Law—UDAP
§ 7.05 Right of Publicity
[1] Pleading a Cause of Action
[2] Defenses
[3] Remedies
§ 7.06 Misappropriation and Other Common Law Unfair Competition Claims
[1] Passing Off
[2] Misappropriation
[3] Other Anticompetitive Practices
§ 7.07 Unique Trademark Issues
[1] Domain Names
[2] Metatags
[3] Linking and Framing
[4] Gripe Sites and Fan Sites

CHAPTER 8
Social Networking

§ 8.01 Introduction
§ 8.02 Privacy Considerations
§ 8.03 Social Networking and the First Amendment
§ 8.04 Social Networking in the Workplace
[1] Employee Use of Social Networking
[2] Employer Use of Social Networking
§ 8.05 Commercial Use of Social Networking
§ 8.06 Governmental Use of Social Networking
[1] Government as a Social Networking Provider
[2] Law Enforcement
§ 8.07 Children Online
§ 8.08 Other Legal Aspects of Social Networking

CHAPTER 9
eCommerce

§ 9.01 Government Regulation
[1] Federal Trade Commission Act
[1A] State “Mini-FTC” Acts
[2] Electronic Funds Transfer Act of 1978
[3] The Fair and Accurate Credit Transactions Act
[4] The Restore Online Shoppers’ Confidence Act
[5] Americans with Disabilities Act
[6] E-Warranty Act
[7] Sales and Use Taxes
[8] “Net Neutrality”
§ 9.02 Private Industry Regulation
§ 9.03 Regulation of Specific Types of eCommerce
[1] Alcohol Sales
[2] Cigarettes and e-Cigarettes
[2A] Cannabis
[3] Payday Lending
[4] Contact Lenses
[5] Prescription Drugs
[6] Automobiles
[7] Appliance Sales
[8] Gambling
[9] Securities
[10] Penny Auctions
§ 9.04 Virtual Currencies
[1] Introduction
[2] How Virtual Currencies Work
[3] Virtual Currencies in the Real World
[4] Legal and Regulatory Framework

CHAPTER 9A
Online Legal Ethics

§ 9A.01 Introduction
§ 9A.02 Multijurisdictional Practice
§ 9A.03 Virtual Law Practice
§ 9A.04 Online Communications and Confidences
[1] Competent Use of Electronic Communications
[2] Use of Cloud Computing
[3] Online Disclosure of Public Information
[4] Online Disclosure or Receipt of Non-Public Information
[5] Client Accesses Opposing Party’s Privileged Communications
[6] Accessing Another’s Online Information Without Authorization
§ 9A.05 Metadata
§ 9A.06 Online Advertising and Solicitation
[1] Generally
[2] Online Lawyer Directories and Listings
[3] Lawyer Websites
[4] Online Newsletters, Articles, Videos and Web Links
[5] Promotion via Social Networking
[6] Promotion via Blogging and Chat Rooms
[7] Responding to Adverse Online Reviews
[8] Online Discount Coupons
[9] Texting
[10] Non-Advertising Use of Social Media
§ 9A.07 Duty to Refrain from, and to Refrain from Assisting Clients in, Wrongful Conduct
§ 9A.08 Other Online Ethical Issues

CHAPTER 10
Procedural Issues

§ 10.01 Jurisdiction
§ 10.02 Basis for Exercise of in Personam Jurisdiction
[1] General Jurisdiction
[2] Specific Jurisdiction
[3] No Jurisdiction
§ 10.03 Jurisdiction in an Online Context
§ 10.04 Venue
§ 10.05 Online Service of Process and Service of Documents
§ 10.06 Estate Planning in an Age of Online Assets
[1] Gathering Information About the Client’s Assets
[2] Determining the Client’s Wishes
[3] Analyzing the Legal and Tax Issues
[4] Configuring the Client’s Assets to Enable Their Transfer and Otherwise to Carry Out the Client’s Wishes
[5] Taking a Stealthy Approach
[6] Ethical Considerations
[7] Drafting Estate Planning Documents
§ 10.07 Bring-Your-Own-Device (BYOD)
§ 10.08 Employees Working Remotely

CHAPTER 11
International Aspects of Internet Law

§ 11.01 Introduction
§ 11.02 International Treaties and Legal Conventions Applicable to Online Activity
[1] World Intellectual Property Organization Treaties
[2] The World Trade Organization Agreements
[3] U.N. Convention on Contracts for the International Sale of Goods
[4] Hague Convention on Money Judgments
[5] New York Convention
[6] Online Dispute Resolution
§ 11.03 International Conflicts of Law: Online Aspects
[1] Procedural Issues Not Involving Jurisdiction
[2] Jurisdictional Issues
[3] Substantive Issues
[4] Enforcement
§ 11.04 Other Foreign Legal Provisions Affecting International Online Commerce
[1] Foreign Privacy and Data Protection Laws
[2] Foreign Data Retention Laws
[3] Foreign Consumer Protection Laws
[4] Other Foreign Legal Provisions of Interest
§ 11.05 Resolution of International Disputes: Online Aspects

Index