Internet Law

What is Internet Law?
To begin with, there is no such thing as "Internet Law." However, the Internet forces us to reevaluate our existing laws to see if they still apply. Many of our most basic legal presumptions must be questioned before we are able to determine what laws do or should apply to Internet scenarios. Currently the courts and legislature in the USA as well as the governing bodies in many other countries are modifying their existing laws to apply to the internet.

The primary area of concern for an internet business is the area of Intellectual Property Laws concerning copyrights and trademarks as well as what legal disclaimers and notices are needed on your website to protect your business. Both topics are covered in more detail elsewhere on this site. A secondary area of concern is the emergence of internet crime. We've even coined a new word to apply to internet crime - cybercrime.

Cybercrimes
Through the use of inexpensive and widely available computer and telecommunications systems individuals are able to commit crimes with unprecedented speed on scale never before seen. At the same time, however, these same tools and capabilities help law enforcement agencies solve crimes. However, the careful cyber-criminal can and often does go undetected.

The following is a list of currently recognized internet crimes:

Cyberstalking - using the Internet, e-mail, or other electronic communications devices to stalk another person. Stalking generally involves harassing or threatening behavior that an individual engages in repeatedly. This type of crime is covered under most current anti-stalking laws.

Privacy - at issue is what level of privacy an individual can expect for information transmitted electronically or stored on the hard drive of their computer usually as it relates to their own illegal activity. This issue is covered under the Electronic Communications Privacy Act.

Hacking, Cracking & Viruses - the threat posed by hacking, cracking and viruses is growing. While not all hacking is malicious, cracking always is. As any internet user can testify, the number and severity of viruses is increasing. Also, surveys show that as many as 90% of all businesses have been hacked each year. This type of crime is covered under the Computer Fraud and Abuse Act.

Identity Theft - the internet has just added new wrinkles to this already serious problem. Both online and off-line merchants suffer losses from the fraudulent purchases made by the thieves. These crimes are covered under our existing theft and fraud laws.

Internet Gambling - the issue here is who gets to regulate and tax the profits of this growing industry.

IP Cybercrimes - Copyright and Trademark infringements as well as data destruction fall into this category. Copyrights and trademarks are covered by Intellectual Property laws and data destruction is covered by most existing property destruction and theft laws.

Market Manipulation - this covers all types of fraudulent scams and is covered by the existing fraud laws. If you think you have been a victim of internet fraud, report it to the Internet Fraud Complaint Center.

Pornography & Pedophilia - This is a major concern to most people. Federal, state, and local law enforcement agencies have responded aggressively to protect children from online sexual predators. In 1995, the Federal Bureau of Investigation launched an undercover initiative, dubbed Innocent Images, to combat the exploitation of children via commercial online services. There are also several legislators working on constitutional laws pertaining to this topic.

Sale of Prescription Drugs - The FDA wants online pharmacies to be licensed in the state where they are located. The primary issue for the government seems to be consumer safety. This issue will most likely end up being decided over the next several years by the courts.

SPAM - sending unsolicited bulk email. This is covered by the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003. In my opinion, this law will do little if anything to reduce the amount of SPAM. In fact, I seem to get more actual spam since it went into effect. It will just make it almost impossible for legitimate companies to use email to advertise their goods.

Click Here For more information on Copyright Law

Click Here for more information on Trademark Law

Click Here for more information on recommended Legal Notices for an Internet Business

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