1. Chapter 17 E-Commerce and Digital Law

2. Internet
Collection of millions of computers that provide a network of electronic connections
World Wide Web
Millions of computers supporting HTTP
Web sites and pages are stored on servers operated by Internet service providers
Pages are viewed through web browsers
Facilitates online commercial activities
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3. E-Mail Contracts Completed using e-mail
Enforceable as long as they meet the requirements necessary to form a traditional contract
Must meet the requirements of the Statute of Frauds
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4. E-Mail Contracts CAN-SPAM Act
Restricts unsolicited commercial advertising (spam) to accounts
Prohibits falsified headers
Prohibits deceptive subject lines
Requires spammers to label sexually oriented e- mail as such
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5. Case 17.1: E-Mail Spam Case Facebook, Inc. v. Porembski Issue
Web 2011 U.S. Dist. Lexis 9668 (2011)
United States District Court for the Northern District of California
Issue
Did the defendants violate the CAN-SPAM Act?
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6. E-Mail Contracts Internet Service Providers
Companies providing access to Internet to individuals and businesses
Communications Decency Act: A federal statute that provides that Internet service providers are not liable for the content transmitted over their networks by e- mail users and websites
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7. Case 17.2: Web Contract Case Hubbert v. Dell Corporation Issue
835 N.E.2d 113 (2005)
Appellate Court of Illinois
Issue
Were the Terms and Conditions of Sale adequately communicated to the plaintiffs?
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8. E-Commerce and Web Contracts
Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
Recognizes electronic signatures
Give them the same force and effect as pen- inscribed signature on paper
Allows for verification of digital signatures
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9. E-Commerce and Web Contracts
Counteroffers against an electronic agent
Electronic agent: Any computer system that has been established by a seller to accept orders
Counteroffers are not effective against these electronic agents
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10. E-Licensing
Uniform Computer Information Transactions Act (UCITA): A model state law that creates contract law for the licensing of information technology rights
Governs creation, performance, and enforcement of computer information transactions
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11. E-Licensing
License: A contract that transfers limited rights in intellectual property and informational rights
Licensor: The owner of intellectual property or informational rights who transfers rights in the property or information to the licensee
Licensee: The party who is granted limited rights in or access to intellectual property or informational rights owned by the licensor
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12. E-Licensing
Exclusive License: A license that grants the licensee exclusive rights to use informational rights for a specified duration
Electronic license: A contract whereby the owner of software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions
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13. E-Licensing
Licensing Agreement: A detailed and comprehensive written agreement between a licensor and a licensee that sets forth the express terms of their agreement
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14. Privacy in Cyberspace
Electronic Communications Privacy Act: Makes it a crime to intercept electronic communication at any point
Exceptions:
The party or entity providing the electronic communication service
Government and law enforcement entities that are investigating suspected illegal activity
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15. Domain Names
Domain name: A unique name that identifies an individual’s or a company’s website
May be registered by filing the appropriate form with a domain name registration service and paying the required fee
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16. Exhibit 17.2: Commonly Used Top-Level Extensions for Domain Names
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17. Domain Names
Anticybersquatting Consumer Protection Act: A federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith
Requisites for claim:
The name must be famous
The domain name was registered in bad faith
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18. Case 17.3: Domain Name
Case
New York Yankees Partnership d/b/a The New York Yankees Baseball Club
Claim Number FA (2006)
National Arbitration Forum
Issue
Did Moniker violate the ICANN’s Uniform Domain Dispute Resolution Policy?
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