1. Essentials of the legal environment today, 5e
ROGER LEROY MILLER
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2. INTERNET LAW, SOCIAL MEDIA, AND PRIVACY
CHAPTER 9
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3. Learning Objectives What is cybersquatting, and when is it illegal?
What steps have been taken to protect intellectual property rights in the digital age?
When does the law protect a person’s electronic communications from being intercepted or accessed?
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4. LEARNING OBJECTIVES (CONT’D)
What law governs whether Internet service providers are liable for online defamatory statements made by users?
How do online retailers track their users’ Web browsing activities?
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5. Internet law
Laws specifically address issues that only arise on the Internet
Spam
State regulation of spam
The Federal CAN-SPAM Act
Enacted by Congress in 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act
U.S. Safe Web Act
Allows FTC to work with foreign agencies
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6. Internet law Domain Names Structure of domain names
Top-level domain (TLD) indicates type of entity operating the site
Second-level domain (SLD) chosen by the business or entity or individual registering the domain name
Distribution system
Internet Corporation for Assigned Names and Numbers (ICANN) oversees distribution of domain names
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7. Internet law Cybersquatting Anticybersquatting legislation
Anticybersquatting Consumer Protection Act (ACPA)
Cybersquatting is illegal when:
The name is identical or confusingly similar to the trademark of another.
The one registering, trafficking in, or using the domain name has a “bad faith intent” to profit from that trademark.
Ongoing problem of cybersquatting
Typosquatting
Applicability and sanctions of the ACPA
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8. Internet law Meta Tags Trademark Dilution in the Online World
Licensing
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9. Copyrights in digital information
Copyright law is most important form of intellectual property protection on the Internet.
Digital Millennium Copyright Act (DMCA)
Congress passed in 1998
Significant protection to owners of copyrights in digital information
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10. Copyrights in digital information
MP3 and File-Sharing Technology
Programmers created software to compress large data files
Methods of file-sharing
Sharing stored music files
DVDs and file-sharing
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11. Social media
Studies show Internet users spend more time on social networks than other sites
Legal Issues
Criminal investigations
Administrative agencies
Employers’ social media policies
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12. Social media The Electronic Communications Privacy Act (ECPA)
Amended federal wiretapping law to cover electronic forms of communications
Prohibits the intentional interception and disclosure of any wire, oral, or electronic communication
Exclusions
Stored communications
Stored Communications Act (SCA) – part of ECPA
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13. Social media Protection of Social Media Passwords
States have enacted legislation to protect individuals from having to disclose passwords
Company-wide Social Media Networks
Protection of trade secrets
Other advantages
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14. Online defamation Identifying the Author of Online Defamation
Liability of Internet Service Providers
General rule – Communications Decency Act (DCA)
Exceptions
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15. privacy Data Collection and Cookies
Retailers collect information about consumers to personalize online services
Internet Companies’ Privacy Policies
FTC investigates consumer complaints of privacy violations
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© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.