top 10 internet issues

Top Ten Internet Legal Issues For

In-house Counsel

Brad FrazerHawley Troxell208.388.4875

[email protected]

Brad [email protected]

The Value Proposition

Why Should You Care?

• More and more company value is moving to the Internet (information, e-commerce, sales).

• Internet assets are inherently “intellectual” in nature.

• “Brick and mortar” practices may not be adequate.

• Related benefit: Wealth Creation


IP Overview

• Copyright – tangible content

• Trademarks – branding

– Domain names

• Patents – ideas

• Trade Secret – valuable confidential data


The Top Ten . . .

10. Internet Taxation

9. Internet Patents

8. Mobile Computing

7. SOPA and PROTECT IP Act

6. Legalities of the Cloud


The Top Ten . . . (cont’d)

5. Controlling Content on Web

4. Social Media and Privacy

3. Insurance

2. .xxx gTLDs and Cybersquatting

1. “Dotbrand” gTLDs


Internet Taxation

• Marketplace Fairness Act (S.1832 IS)

• Introduced November 10, 2011• Authorizes member states under Streamlined

Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (sellers with annual gross receipts in total U.S. remote sales of less than $500,000) to collect and remit sales and use taxes with respect to remote sales.


Internet Patents

• America Invents Act

• America becomes first-to-file

• Loss of one-year grace period


Mobile Computing

• Security

• Warranty and contract modifications

• Defamation, etc.


SOPA and PROTECT IP Act

• SOPA: Stop Online Piracy Act (H.R.3261) introduced in House the on October 26, 2011.

• PROTECT IP Act: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (S.968) is a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb access to "rogue websites dedicated to infringing or counterfeit goods", especially those registered outside the U.S. The bill was introduced on May 12, 2011.


Legalities of the Cloud

• Data Security and Data Breach laws; Data Retention

• Privacy

• Liability Issues (who’s at fault in the cloud?)


Controlling Content on Web

• In-bound implications

– Click-wrap purgatory

– P2P liability

• Out-bound implications

– DMCA

– DRM


Social Media and Privacy

• “Facebook firings”

• How are you being viewed and by whom? (Remember CDA)

• Hiring practices?

• SoMe Policy?


Insurance

• Cyberinsurance

• Versus “advertising injury”

• Typically, arises in IP context


.xxx gTLDs and Cybersquatting

• Proactive mandate

• International trademark implications

• Trademark registration implications

• “[mybrand]sucks.com”


“Dotbrand” gTLDs

• Global implications

• Race to register

• UDRP as a last resort?


Intersection of IP and the Internet: Your Website

An Informal IP Audit:

Copyright – web content, text, pictures, music, html, software downloads, video, written assignments

Trademark –“My company sells _______-brand goods and services.”

Domain Names – Do you own “[mycompany]sucks.com?”

Related Issues – Website policies? Spam? Cookies?


Intersection of IP and the Internet: Your Website

Moral:

“Your web presence introduces your company to the world. You built that presence – you should identify, protect and defend what you’ve built.”


208.388.4875@bfrazjd

internetlawyer.blogspot.com

www.hawleytroxell.com

top 10 internet issues

Technology