1. Internet and the Law

2. SPAM CAN-SPAM Act of 2003 CAN-SPAM Act of 2003 The Controlling the Assault of Non-Solicited Pornography and Marketing Act The Controlling the Assault of Non-Solicited Pornography and Marketing Act Took effect, January 1, 2004. Took effect, January 1, 2004. Requires opt-out instructions (and must be honored within ten days) Requires opt-out instructions (and must be honored within ten days) Requires sender’s physical address. Requires sender’s physical address. Prohibits false headers and subject lines. Prohibits false headers and subject lines. Rules also apply to PDAs, cell phones, and other wireless e-mail devices Rules also apply to PDAs, cell phones, and other wireless e-mail devices Federal Trade Commission can create “do- not-email” registry. Federal Trade Commission can create “do- not-email” registry. Prison terms (up to 3-5 years) for violations Prison terms (up to 3-5 years) for violations

3. SPAM Definitions CAN-Spam Act regulates all commercial e- mail, except for “transaction and relationship messages” CAN-Spam Act regulates all commercial e- mail, except for “transaction and relationship messages” Typically, SPAM is considered to be: Sent unsoliticed. Sent unsoliticed. Sent to multiple e-mail addresses Sent to multiple e-mail addresses From a hidden source, by relaying or retransmitting e-mail. From a hidden source, by relaying or retransmitting e-mail.

4. SPAM Other anti-SPAM measures have always been in effect: a merchant can’t sell shoddy product Other anti-SPAM measures have always been in effect: a merchant can’t sell shoddy product Anti-SPAM software takes care of problem with different degrees of success Anti-SPAM software takes care of problem with different degrees of success

5. Using Anti-Spam Software University of Texas vs. White Buffalo Ventures LLC University of Texas vs. White Buffalo Ventures LLC Company sued college because e-mail was filtered out by software. Company sued college because e-mail was filtered out by software. Dating company followed spam laws, but U of T may still filter to save server space and avoid commercial e-mails, even if e-mails are legal. Dating company followed spam laws, but U of T may still filter to save server space and avoid commercial e-mails, even if e-mails are legal.

6. Copyright Law Provides creator of a work with the right to: 1) Reproduce work 2) Create derivatives of work 3) Distribute copies of work 4) To perform work

7. Copyright Law “work” can include: 1) Literary works 2) Musical works 3) Pictorial works (including maps, plans) 4) Sound recordings 5) Audiovisual works (web sites)

8. Copyright Law Copyright law does not include 1) Performances that have not been recorded 2) Titles, names, slogans 3) Ideas, systems, methods 4) “dry” information: weight charts, calendar, temperature conversions

9. Copyright Law Fair Use Doctrine 1) Purpose: Education or commercial or entertainment; criticism, comment, news, research? 2) Is the work transformative? 3) Is it worth copyrighting? 4) How much is copied? 5) Affect on market? 6) Parody.

10. Copyright Law: Internet Kelly vs. Arriba Soft (image search engine) Question: Does the infringement interfere with the marketing of the product? Celebrity or “adult” images?

11. Copyright Law: Music 1992: Audio Home Recording Act. 1992: Audio Home Recording Act. 1995: Digital Performance Rights in Sound Recording Act 1995: Digital Performance Rights in Sound Recording Act 1998: Digital Millennium Copyright Act 1998: Digital Millennium Copyright Act

12. Copyright Law: Music Digital Millennium Copyright Act highlights Can not circumvent anti-piracy measures. Can not circumvent anti-piracy measures. Can not create and sell devices to circumvent measures Can not create and sell devices to circumvent measures Non-profits and educational institutions can sometimes break rules above Non-profits and educational institutions can sometimes break rules above Limits ISP’s liability, but must remove infringements they know about (on websites) Limits ISP’s liability, but must remove infringements they know about (on websites) Webcasters must pay licensing fees Webcasters must pay licensing fees Copyright laws still in effect Copyright laws still in effect

13. Copyright Law: Internet UMG Recordings, Inc., et al. VS. MP3.com, Inc. (2000) MP3.com lost MP3.com lost No fair use: it’s the entire recording. No fair use: it’s the entire recording. Weakens profitability (UMG wished to enter business.) Weakens profitability (UMG wished to enter business.)

14. Copyright Law: Internet A&M Records vs. Napster Napster lost. Napster benefited Napster benefited No Fair Use No Fair Use No exchange of money, but benefited through barter. No exchange of money, but benefited through barter.

15. Copyright Law: Internet Newer file sharing sites don’t allow files to be uploaded to the site, but simply provide a directory for users to share with each other.

16. Copyright Law: Links Ebay vs. Bidder’s Edge Ticketmaster vs. Microsoft (Seattle Sidewalk) Extent of linking Extent of linking “Deep Linking” “Deep Linking” Motivation of the linking site Motivation of the linking site Status as a competitor or ally Status as a competitor or ally

17. Copyright Law: Framing 1997: Washington Post vs. Total News Don’t include another site in your frameset.

18. Disabilities Section 508 of the Rehibilitation Act affects all government websites: Alt tag Alt tag Multimedia equivalent must be available Multimedia equivalent must be available Color doesn’t limit understanding Color doesn’t limit understanding Row and column headers Row and column headers Text only page if necessary Text only page if necessary Can avoid repeating repetitive navigation links Can avoid repeating repetitive navigation links

19. Disabilities Americans with Disabilities Act Some changes are expensive, but most are not. Some changes are expensive, but most are not. Easy to test Easy to test Increase number of users Increase number of users “Right thing to do” “Right thing to do”

20. Domain Names ICANN: Internet Corporation for Assigned Names and Numbers formed in 1998 ICANN: Internet Corporation for Assigned Names and Numbers formed in 1998 UDRP: Uniform Domain Name Dispute Resolution Policy through ICANN UDRP: Uniform Domain Name Dispute Resolution Policy through ICANN ACPA: Anticybersquatting Consumer Protection Act: bad faith intent to profit from the trademark ACPA: Anticybersquatting Consumer Protection Act: bad faith intent to profit from the trademark

21. Domain Names Esquire.com Esquire.com Juliaroberts.com Juliaroberts.com Brucespringsteen.com Brucespringsteen.com

22. E-Mail and Employers Employers can monitor. Employers can monitor. Password or promise of privacy not sufficient for protection. Can still monitor. Password or promise of privacy not sufficient for protection. Can still monitor. Employers should be honest about policy. Employers should be honest about policy.

23. First Amendment: Hate Speech Hate speech protected under First Amendment Hate speech protected under First Amendment In USA only In USA only Hate speech not protected if directly promotes violence: Nuremburg Files Hate speech not protected if directly promotes violence: Nuremburg Files Google and “jew” Google and “jew”

24. First Amendment: Children Children’s Internet Protection Act Unconstitutional Child Online Protection Act Too vague

25. First Amendment: Terrorism USA Patriot Act Gives government more flexibility in accessing e-mail and internet usage records (from ISPs) if suspect may have connection to terrorism Offers ISP and providers of information immunity

26. New Laws Always Developing States can not tax VoIP (Voice over Internet Protocol). Only federal taxes apply. States can not tax VoIP (Voice over Internet Protocol). Only federal taxes apply. Agreements “signed” over internet are legally binding. Agreements “signed” over internet are legally binding. Recent legal news Recent legal news