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Internet Law - Complexity of E-Commerce Taxation (Part One)

2013-06-18

The Internet has created a world without borders. Given that consumers can purchase goods and services from anywhere in the world, policing sales taxes from one jurisdiction to another would be very costly and cumbersome, as well as threaten e-commerce growth, which could have serious economic ramifications on local and global economies. [More..]

Internet Law - Unfunded Mandate: The Americans with Disabilities Act and the Disabled Access Credit

2013-05-05

In 1990, in an effort to address the societal marginalization faced by individuals with disabilities, the Americans with Disabilities Act of 1990 (ADA) was passed and signed into law. Among its many features, the ADA prohibits many public and private entities from intentionally discriminating against the disabled, and also requires that they take the affirmative steps of removing certain barriers, both physical and intangible, to the full integration of the disabled into the fabric of our daily life. [More..]

Internet Law - Internet Penetration in Africa According to a 2012 Report

2013-06-04

Africa is the continent that has the most developing countries; poor internet penetration is common in developing countries due to infrastructure, costs, and purchasing power. The world and the e-commerce community are vigilant on the evolution of the internet in continents such as Africa. The Research and Markets published a 2012 report on Internet penetration and B2C E-Commerce in Africa. This article briefly introduces some of the information this report reveals. [More..]

Internet Law - E-Mail Threats v. First Amendment Rights, which one Triumphs?

2013-05-03

In the information technology era, how do criminal authorities determine whether threats transmitted via email are sufficient to sustain a criminal conviction without interfering with people's freedom of speech? How do authorities balance people's right to express their views versus illegal conducts such as harassment or stalking? Technology challenges criminal authorities and Constitutional principles nowadays, and we probably will not get any final answer for years to come. This article presents the example of email threats and the court's assessment on whether those emails were sufficient to sustain a criminal conviction, taking into consideration jurisdictional issues as well. [More..]

Internet Law - India’s Privacy and Data Security Regime

2013-04-21

In 2011, the Indian government adopted new information technology rules; particularly, rules that impose obligations on companies that handle personal information. The rules purport to protect individuals’ privacy and improve the companies’ security on data collection. The new regime was strongly criticized by those who claim that this regime imposes undue burden on companies outsourcing data services in India. This article presents the major principles on personal information introduced by this privacy and data security regime. [More..]

Internet Law - Does the Packet Sniffer Software Used by Google Street View Violate the Wiretap?

2013-04-21

Since Google launched its Google Street View feature in 2007, individuals' privacy concerns emerged. Many lawsuits have been filed in the United States and other countries where the feature has also been launched; the causes of actions invoked vary. Some have been successful, others not. Recently, a new cause of action against Google Street View has appeared: the violation of the United States Wiretap Act when Google"s feature captures people’s Wi-Fi information; this article addresses this issue. [More..]

Internet Law - Is it Possible to Establish a Bona-Fide Doctor-Patient Relationship Through the Use of an Online Pharmacy?

2013-03-25

The United States Controlled Substances Act (CSA) makes unlawful to distribute, dispense, or possess any controlled substance, except when done in a manner authorized by the Act. The CSA also establishes that a prescription for a controlled substance must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. 21 C.F.R. Section 1306.04(a). Thus, the question is whether there is a bona-fide doctor-patient relationship between an online patient and a doctor acting through an online pharmacy. This question is controversial and may very among the U.S. states. [More..]

Internet Law - Can Children Enter into Legally Binding Online Contracts Using their Parents’ Credit Cards?

2013-03-11

A yes or no answer to this question may not be possible at this time. Legislation on information technology matters, particularly those pertaining to children, is still evolving. The Children's online Privacy Protection Act of 1998 (COPPA), is the leading federal legislation on the protection of children"s personal information on the Internet. COPPA, however, needs to be reviewed and additions have to be made to address situations in which children are celebrating online contracts. So, with COPPA and state laws regarding validity of contracts celebrated by minors, can children enter into legally binding online contracts using their parents’ credit cards? [More..]

Internet Law - The European Union’s Success on the Harmonization of Intellectual Property Laws

2013-06-04

The European Union unified the European countries' economic, trade and legal systems. The four freedoms of movement: goods, services, people, and capital require that also the law is unified. Many years after, adjustments are still underway, particularly legislative adjustments, but it is fair to say that the European Union has a harmonized its intellectual property law system. How the European Union is doing regarding intellectual property rights? What are the European Union laws that unified protection of intellectual property in Europe? The answer to these questions is essential for the success of a single market. This article mentions some of the major intellectual property laws in the European Union. [More..]

Internet Law - How Domain Name Registrars are Regulated

2013-06-04

Not many people stop their hectic daily activities to think about how domain names are managed, or who regulates and assures preservation of our domain names. Registrars are the organizations that manage the reservation of domain names. Registrars are accredited by a generic top-level domain (gTLD) registry or a country code top-level domain (ccTLD) registry. Registrars are paramount to the Internet world because they maintain and preserve our valuable domain names, which could be our company's name or even our own personal name. The Internet Corporation for Assigned Names and Numbers- ICANN- regulates domain name registrars through a compliance program. This article explains ICANN"s compliance program. [More..]

Internet Law - GLOBAL ONLINE ADVERTISING LAW CHANGES

2012-09-24

The law has not kept pace with changes in internet advertising. Some nations have developed specific laws relating to internet advertising. Others have lagged behind. [More..]

Internet Law - TRINIDAD AND TOBAGO COMPUTER MISUSE ACT 2000

2013-05-28

Trinidad and Tobago’s Computer Misuse Bill 2000 was introduced in October 2000, in an effort to prohibit unauthorized access, use of or interference with a computer or with any program or data held in a computer. The Act seeks to enhance computer security by protecting the integrity of computer systems and by imposing significant stringent penalties for computer-related offenses. [More..]

Internet Law - Sale of Misleading Internet Link Insufficient to State a False Designation Claim under Lanham Act

2009-03-23

In Heartbrand Beef, Inc. v. Lobel's of New York, (S.D. Tex. February 5, 2009), a federal district court rejected a false designation claim under the Lanham Act. The defendant Yahoo's display of a listing for the expensive meat retailer Lobel’s under a keyword search was found not to qualify as a statement for purposes of a Lanham Act claim. [More..]

Internet Law - St. Kitts’ Anti-Money Laundering Regulations 2008

2009-03-23

St. Kitts’ Anti-Money Laundering Regulations, promulgated in 2008, prescribe identification, record-keeping, and other procedures to be implemented and maintained by any person carrying on a regulated business, in order to prevent money laundering activities. [More..]

Internet Law - Trinidad and Tobago’s Electronic Transfer of Funds Crime Act, 2000

2009-03-23

Trinidad and Tobago adopted the Electronic Transfer of Funds Crime Act in 2000. The main purpose of this legislation is to regulate the transfer of money through an electronic terminal by means of a card instructing or authorizing a financial institution to debit or credit a cardholder’s account when purchasing goods. The Act establishes several offenses deriving from the misuse of the process. [More..]

Internet Law - St. Kitts’ Limited Partnership Act 1996

2009-03-23

St. Kitts’ Limited Partnership Act was enacted in 1996. It is a comprehensive piece of legislation that encompasses the formation and functions of limited partnerships. [More..]

Internet Law - Saudi Arabia Money Laundering Act

2009-03-23

The Saudi Arabian Anti-Money Laundering Act of 2003 created the Saudi Financial Investigation Unit (FIU), which coordinates efforts of government ministries and other public bodies to combat money laundering. Private institutions are required to implement anti-money laundering measures and to report suspicious transactions to the FIU, which compiles information for enforcement bodies. [More..]

Internet Law - The UCC and the UETA Govern the Formation of Contracts in Respect to E-mail Exchanges

2009-03-23

A contract can be created by e-mail. Both the Uniform Commercial Code and the Uniform Electronic Transactions Act are relevant in determining disputes regarding the formation of e-mail contracts. In Alliance Laundry Systems, LLC v. Thyssenkrupp Materials, NA, Case No. 07C0589 (E.D. Wisc. Aug. 5, 2008), a federal court concluded that, the UCC, not the UETA, governs a contract by an exchange of e-mails. [More..]

Internet Law - Holland’s Telecommunication Act: The Fight Against Spam

2009-03-23

In 2004, the Netherlands introduced legislation banning the sending of unsolicited electronic messages to natural persons. In 2008, the ban was broadened to include unsolicited electronic messages sent to legal persons. However, the legislation also includes exceptions to the restrictions on sending spam. [More..]

Internet Law - South Korea Anti-Money Laundering Legislation

2009-03-23

South Korea enacted the Financial Transaction Reports Act and Proceeds of Crime Act in September 2001. The laws are aimed at combating money laundering and the financing of terrorism. [More..]