1. Copyright © 2010 Certification Partners, LLC -- All Rights Reserved E-Commerce Specialist

2. Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Lesson 2: Law and the Internet

3. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Lesson 2 Objectives Establish and protect a brand Identify legal and governmental aspects of e-commerce Identify and protect intellectual property Identify e-commerce taxation issues Avoid questionable practices Identify international trade laws

4. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Introduction to Internet Legal Issues Intellectual property rights –Brand ownership –Trademarks –Copyrights –Patents Crossing international boundaries –Jurisdiction Business ethics

5. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Electronic Publishing Sending copyrighted material to others Newsgroups and message boards Artistic representations Defamatory information

6. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Intellectual Property Issues Industrial property –Industrial designs –Inventions –Trademarks and service marks –International protection Copyrighted material –Literary works –Musical works –Artistic works –Photographic works –Audiovisual works –Software

7. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Areas of Liability Copyright, trademark and patent issues –Copyright term is described as follows: Private authors –70 years after author’s death Corporate authors –95 years after first publication or 120 years after creation (whichever is shorter) Privacy and confidentiality issues Jurisdictional issues

8. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Copyright, Trademark and Patent Issues United States copyright –Authors have exclusive rights to their own work for a limited time –Authors may transfer rights to their work Trademarks –"Any word, name, symbol or device, or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others" Patents –Protect inventions

9. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Privacy and Confidentiality Easy access to public information Marketing and databases Misuse of sensitive information

10. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Jurisdiction and Electronic Publishing Laws are territorial Cases have established jurisdictional precedent: –State of Minnesota vs. Granite Gate Resorts Methods for protecting a site against suits from other states: –Do not advertise that products are available nationwide if some jurisdictions could be expected to consider them illegal –Keep "interactivity" to a minimum

11. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Internet Taxation Internet Tax Freedom Act (ITFA) –Moratorium extended until 2006 Bit tax International tax Customs Tariffs

12. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Protecting a Brand Threats to a brand include: –Counterfeiting –Unauthorized use of logos –Domain name parodies –Misinformation –Rumors –Impostors

13. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Ethical Business Practices Questionable practices include: –Selling customer information without permission –Spamming –Spyware

14. E-Commerce Specialist Copyright © 2010 Certification Partners, LLC -- All Rights Reserved Lesson 2 Summary Establish and protect a brand Identify legal and governmental aspects of e-commerce Identify and protect intellectual property Identify e-commerce taxation issues Avoid questionable practices Identify international trade laws