elet5e ch09

ESSENTIALS OF THE LEGAL ENVIRONMENT TODAY, 5E

ROGER LEROY MILLER

© 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.

CHAPTER 9

INTERNET LAW, SOCIAL MEDIA, AND PRIVACY

© 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.

LEARNING OBJECTIVES

1. What is cybersquatting, and when is it illegal?

2. What steps have been taken to protect intellectual property rights in the digital age?

3. When does the law protect a person’s electronic communications from being intercepted or accessed?

© 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.

LEARNING OBJECTIVES (CONT’D)

4. What law governs whether Internet service providers are liable for online defamatory statements made by users?

5. How do online retailers track their users’ Web browsing activities?

© 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.

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

© 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.

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

© 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.

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

© 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.

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INTERNET LAW

•Meta Tags• Trademark Dilution in the Online World• Licensing

© 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.

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

© 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.

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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

© 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.

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

© 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.

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

© 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.

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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

© 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.

ONLINE DEFAMATION

• Identifying the Author of Online Defamation• Liability of Internet Service Providers• General rule – Communications Decency

Act (DCA)• Exceptions

© 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.

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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

© 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.

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