paralegal power break: internet law

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BUSINESS LAW TODAY

INTERNET LAW

Roger LeRoy Miller



Internet Law,Social Media, and Privacy

Outline• 7-1 Internet Law• 7-2 Copyrights in Digital Information• 7-3 Social Media• 7-4 Online Defamation• 7-5 Privacy


Learning Objectives (slide 1 of 2)

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?


Learning Objectives (slide 2 of 2)

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


7-1c Cybersquatting (slide 1 of 2)

– Case Example 7.2 WIPO Case No. D2012-0951

– Anticybersquatting Legislation1. The domain name is identical or confusingly

similar to the trademark of another.2. The one registering, trafficking in, or using the

domain name has a “bad faith intent” to profit from that trademark.


7-1c Cybersquatting (slide 1 of 2)

– Cybersquatting and the Domain Name Distribution System• Case Example 7.3 OnNet USA, Inc. v. Play9D.com

(2013)– Typosquatting– Applicability and Sanctions of the

ACPA


7-1d Meta Tags

– Key words that give Internet browsers specific information about a Web page.

– Using another’s trademark in a meta tag without the owner’s permission normally constitutes trademark infringement.

– Case Example 7.5 Toyota Motor Sales, U.S.A., Inc. v. Tabari (2010)


7-1e Trademark Dilution in the Online World

– Trademark dilution occurs when a trademark is used, without authorization, in a way that diminishes the distinctive quality of the mark.


7-2 Copyrights in Digital Information

7-2a Copyright Infringement• Case Example 7.6 Bridgeport Music, Inc. v.

Dimension Films (2005)7-2b MP3 and File-Sharing

Technology–Methods of File-Sharing– Sharing Stored Music Files• Case Example 7.8 A&M Records, Inc. v. Napster,

Inc. (2001); Metro-Goldwyn-Mayer Studios, Inc. v Grokster, Ltd. (2005)• Case Example 7.9 Maverick Recording Co. v.

Harper (2010)


Landmark in the Law

The Digital Millennium Copyright Act

Without the DMCA copyright owners would have a more difficult time obtaining legal redress against those who decrypt or copy copyrighted materials.


7-3a Uses in the Legal Process

– Administrative Agencies• Federal regulators also use social media posts in

their investigations into illegal activities.• Case Example 7.16 In re O’Brien (2013)

– Employers’ Social Media Policies• Case Example 7.17 Rodriquez v. Wal-Mart Stores,

Inc. (2013)


7-3b The Electronic Communications Privacy Act – Prohibits the intentional interception of any

wire, oral, or electronic communication.– It also prohibits the intentional disclosure or

use of the information obtained by the interception.

– Exclusions– Stored Communications• Case Example 7.18 Pietrylo v. Hillstone

Restaurant Group (2009)


7-4 Online Defamation

7-4a Identifying the Author of Online Defamation– An initial issue raised by online defamation is

simply discovering who is committing it.– An Internet service provider can disclose

personal information about its customers only when ordered to do so by a court.


7-4b Liability of Internet Service Providers

– Should ISPs be regarded as publishers and therefore be held liable for defamatory messages that are posted by their users in online forums or other arenas?

– General Rule– Exceptions• Case Example 7.20 Fair Housing Council of San

Fernando Valley v. Roommate.com, LLC. (2012)


7-5 Privacy

The right to privacy is guaranteed by the Bill of Rights and some state constitutions.

7-5a Reasonable Expectation of Privacy

7-5b Data Collection and Cookies7-5c Internet Companies’ Privacy

Policies7-5d Protecting Consumer

Privacy

paralegal power break: internet law

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