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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