ip institute presentation on internet law
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Bennet Kelley INTERNET LAW 2013
No provider or user of an interactive computer service shal l be treated as the publ isher or speaker of any information provided by another content providers.
“By i ts plain language § 230 creates a federal immunity to any cause of action that would make service providers l iable for information originating with a third-party user of the service.” Ze r an v . Am er i can O n l i ne , I nc . , 129 F . 3d 327 , 330 ( 4 t h C i r . 1997 ) , ce r t . den ied , 24 U. S . 937 ( 1998) .
The Law
CDA IMMUNITY
Roommates.com Site developing questionnaire that el ic i ted potential ly discriminatory information from users rendered si te an internet content provider. Fa i r Hous ing v . Room a tes .com , 489 F . 3d 921 ( 9 t h Ci r . 2007 ) .
TheDirty.com “the manner in which i t is managed, and the personal comments of defendant . . . , the defendants have specif ical ly encouraged development of what is offensive about the content of the si te.” J ones v . D i r t y W or l d En t e r ta i nment , 840 F . Supp . 2d 1008 ( E . D . Ky . 2012 )
EXCEPTIONS
47 State Attorneys
General petitioned
Congress to exempt
state criminal laws from
Section 230
ABSOLUTE
NOT-SO ABSOLUTE
Hey @InternetLawCent check out our new
.com Disclosure Guides. Its Free*!
FTC UPDATES DOTCOM
DISCLOSURES
PROMINENCE Is i t b ig enough for consumers to not ice?
PRESENTATION Is wording and format easy for consumers to understand?
PLACEMENT Is i t where consumers wi l l look?
PROXIMITY Is i t c lose to the c la im i t qual i f ies?
THE FOUR PS
MOBILE WEB
MULTI-PLATFORMS
HYPERLINKS
EXPLAIN
THE CURSE OF 140 CHARACTERS
“Ju l ie Brown –
PS”
Use
Of
Acronym
Nobody’s
Heard
Of
UOANHO SYNDROME
THE AMAZON
TAX
GOES TO
WASHINGTON
Quill v North Dakota: Adopts Bright Line Rule under Due Process and Commerce Clause: Need Physical Presence in State to Be Required to Collect Sales Taxes 504 U.S. 298 (1992)
New York “Amazon Tax”. Deemed to have in-state presence if Affiliate Marketers who
receive commissions
generate gross receipts in excess of $10,000 during preceding four quarters
AMAZON TAX
NEW YORK COURT PUNTS UPHOLDS LAW The world has changed dramatically in the last
two decades, and it may be that the physical presence test is outdated. An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet. That question, however, would be for the United States Supreme Court to consider.
Amazon has filed petition for cert. Overstock.com v. New York, 20 NY3d 586 (2013).
ILLINOIS SUPREME COURT STRIKES DOWN LAW Violates Internet Tax Fairness Act (47 USC
Section 151) by imposing discriminatory obligations.
Performance Marketing Ass’n v Hamer, 2013 IL 114496 (2013).
AMAZON TAX
ALL EYES ON WASHINGTON
MARKETPLACE FAIRNESS
ACT STALLS IN THE HOUSE
Allow states to collect online sales
tax if they are part of Streamlined
Sales and Use Tax Agreement
Small Business Exemption
Passed Senate 69-27
Stalled in the House
AMAZON TAX
ALL EYES ON WASHINGTON
CASES TO WATCH
Challenge to FTC Consent
Decree over Data Breach
.
Wyndham Moves to Dismiss:
The FTC has not publ ished any ru les
or regulat ions that might provide the
bus iness community wi th . . . not ice
of what data-secur i ty protect ions a
company must employ to comply
wi th Sect ion 5. . . .
FT C v . W yndham W or ldw ide ( No . Cas e 2 : 13 -
c v - 0 1 8 8 7-ES-SCM ) ( D . N .J . )
WYNDHAM HOTELS
Verizon v FCC Challenge to 2010 Open
Internet Order
Argued September 9 th
Verizon Communications Inc. v. Federal Communications Commission, D.C. Cir. , No. 11-1355
Proponents Argue Many of the Harms Net Neutrality Sought to Prevent Are Occurring
Data Caps, Discriminatory Treatment
NET NEUTRALITY
VERIZON & WYNDHAM
ICANN gTLDs Number of new gTLD applications
received: 1,930
Active applications: 1,814
Uber, AirBnB and other emerging business models v. 20 th Century Regulatory Regimes
ISP, Ad Network Copyright Enforcement
CAN-SPAM turns 10
IN BRIEF
BENNET KELLEY
Bennet Kel ley is the founder of the In ternet Law Center. He previously had worked in -house wi th in ternet market ing and e-commerce companies such as ValueCl ick .
He is the publ isher o f the award -winning newslet ter Cyber Report and host o f Cyber Law and Bus iness Report on WebmasterRadio. fm.
In addi t ion to be ing Vice -Chai r o f the Technology, In ternet and Pr ivacy In terest Group of the Cal i fornia Bar IP Law Sect ion, Bennet previously served as Co -Chai r o f the Business Law’s Cyberspace Commit tee where he led the effor t to c reate a cyberspace law pr imer for s ta te po l icymakers.
Bennet was se lected by the U.S. Department o f Commerce to present on e -commerce issues at the 17 th U.S. -China Legal Exchange in China. He a lso was se lected by a leading NGO to par t ic ipate in a d iscussion of in ternet law wi th leading Chinese net izens.
Bennet graduated manga cum laude f rom Georgetown Univers i ty Law Center and is admi t ted in Cal i fornia, the Dis t r ic t o f Columbia and Maryland ( inact ive).
Internet Law Center
100 Wilshire #940
Santa Monica, CA 90401
www.internetlawcenter.net
Twitter: InternetLawCent
WPBlog: ILCCyberReport
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