internet and the law. spam can-spam act of 2003 can-spam act of 2003 the controlling the assault of...
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Internet and the LawInternet and the Law
SPAMSPAM CAN-SPAM Act of 2003CAN-SPAM Act of 2003 The Controlling the Assault of Non-Solicited Pornography and Marketing The Controlling the Assault of Non-Solicited Pornography and Marketing
Act Act
Took effect, January 1, 2004.Took effect, January 1, 2004. Requires opt-out instructions (and must be honored Requires opt-out instructions (and must be honored
within ten days)within ten days) Requires sender’s physical address.Requires sender’s physical address. Prohibits false headers and subject lines.Prohibits false headers and subject lines. Rules also apply to PDAs, cell phones, and other Rules also apply to PDAs, cell phones, and other
wireless e-mail deviceswireless e-mail devices Federal Trade Commission can create “do-not-email” Federal Trade Commission can create “do-not-email”
registry.registry. Prison terms (up to 3-5 years) for violationsPrison terms (up to 3-5 years) for violations
SPAM DefinitionsSPAM Definitions
CAN-Spam Act regulates all commercial CAN-Spam Act regulates all commercial e-mail, except fore-mail, except for “transaction and relationship “transaction and relationship messages”messages”
Typically, SPAM is considered to be:Typically, SPAM is considered to be: Sent unsoliticed.Sent unsoliticed. Sent to multiple e-mail addressesSent to multiple e-mail addresses From a hidden source, by relaying or From a hidden source, by relaying or
retransmitting e-mail.retransmitting e-mail.
SPAMSPAM
• • Other anti-SPAM measures have always Other anti-SPAM measures have always been in effect: a merchant can’t sell been in effect: a merchant can’t sell shoddy productshoddy product
Anti-SPAM software takes care of Anti-SPAM software takes care of problem with different degrees of problem with different degrees of successsuccess
Using Anti-Spam Using Anti-Spam SoftwareSoftware University of Texas vs. University of Texas vs. White Buffalo White Buffalo
Ventures LLCVentures LLC Company sued college because e-mail was Company sued college because e-mail was
filtered out by software.filtered out by software. Dating company followed spam laws, but U of T Dating company followed spam laws, but U of T
may still filter to save server space and avoid may still filter to save server space and avoid commercial e-mails, even if e-mails are legal.commercial e-mails, even if e-mails are legal.
Copyright LawCopyright Law
Provides creator of a work with the Provides creator of a work with the right to:right to:
1)1) Reproduce workReproduce work
2)2) Create derivatives of workCreate derivatives of work
3)3) Distribute copies of workDistribute copies of work
4)4) To perform workTo perform work
Copyright LawCopyright Law
““work” can include:work” can include:
1)1) Literary worksLiterary works
2)2) Musical worksMusical works
3)3) Pictorial works (including maps, Pictorial works (including maps, plans)plans)
4)4) Sound recordingsSound recordings
5)5) Audiovisual works (web sites)Audiovisual works (web sites)
Copyright LawCopyright Law
Copyright law does not includeCopyright law does not include
1)1) Performances that have not been Performances that have not been recordedrecorded
2)2) Titles, names, slogansTitles, names, slogans
3)3) Ideas, systems, methodsIdeas, systems, methods
4)4) ““dry” information: weight charts, dry” information: weight charts, calendar, temperature calendar, temperature conversionsconversions
Copyright LawCopyright Law
Fair Use DoctrineFair Use Doctrine1)1) Purpose: Education or commercial or Purpose: Education or commercial or
entertainment; criticism, comment, entertainment; criticism, comment, news, research?news, research?
2)2) Is the work transformative?Is the work transformative?3)3) Is it worth copyrighting?Is it worth copyrighting?4)4) How much is copied?How much is copied?5)5) Affect on market?Affect on market?6)6) Parody.Parody.
Copyright Law: Copyright Law: InternetInternet
Kelly vs. Arriba Soft (image search Kelly vs. Arriba Soft (image search engine)engine)
Question: Does the infringement Question: Does the infringement interfere with the marketing of interfere with the marketing of the product?the product?
Celebrity or “adult” images?Celebrity or “adult” images?
Copyright Law: MusicCopyright Law: Music
1992: Audio Home Recording Act.1992: Audio Home Recording Act. 1995: Digital Performance Rights 1995: Digital Performance Rights
in Sound Recording Actin Sound Recording Act 1998: Digital Millennium 1998: Digital Millennium
Copyright ActCopyright Act
Copyright Law: MusicCopyright Law: Music
Digital Millennium Copyright Act highlightsDigital Millennium Copyright Act highlights Can not circumvent anti-piracy measures.Can not circumvent anti-piracy measures. Can not create and sell devices to Can not create and sell devices to
circumvent measurescircumvent measures Non-profits and educational institutions can Non-profits and educational institutions can
sometimes break rules abovesometimes break rules above Limits ISP’s liability, but must remove Limits ISP’s liability, but must remove
infringements they know about (on websites)infringements they know about (on websites) Webcasters must pay licensing feesWebcasters must pay licensing fees Copyright laws still in effectCopyright laws still in effect
Copyright Law: Copyright Law: InternetInternet
UMG Recordings, Inc., et al. VS. UMG Recordings, Inc., et al. VS. MP3.com, Inc.MP3.com, Inc. (2000) (2000)
MP3.com lostMP3.com lost No fair use: it’s the entire recording.No fair use: it’s the entire recording. Weakens profitability (UMG wished to Weakens profitability (UMG wished to
enter business.)enter business.)
Copyright Law: Copyright Law: InternetInternet
A&M Records vs. NapsterA&M Records vs. NapsterNapster lost.Napster lost.
Napster benefitedNapster benefited No Fair UseNo Fair Use No exchange of money, but benefited No exchange of money, but benefited
through barter.through barter.
Copyright Law: Copyright Law: InternetInternet
Newer file sharing sites don’t Newer file sharing sites don’t allow files to be uploaded to allow files to be uploaded to the site, but simply provide a the site, but simply provide a directory for users to share directory for users to share with each other.with each other.
Copyright Law: LinksCopyright Law: Links
Ebay vs. Bidder’s EdgeEbay vs. Bidder’s Edge
Ticketmaster vs. Microsoft (Seattle Ticketmaster vs. Microsoft (Seattle Sidewalk)Sidewalk)
Extent of linkingExtent of linking ““Deep Linking”Deep Linking” Motivation of the linking siteMotivation of the linking site Status as a competitor or ally Status as a competitor or ally
Copyright Law: Copyright Law: FramingFraming
1997: Washington Post vs. Total 1997: Washington Post vs. Total NewsNews
Don’t include another site in your Don’t include another site in your frameset. frameset.
DisabilitiesDisabilities
Section 508 of the Rehibilitation Act Section 508 of the Rehibilitation Act
affects all government websites:affects all government websites: Alt tagAlt tag Multimedia equivalent must be availableMultimedia equivalent must be available Color doesn’t limit understandingColor doesn’t limit understanding Row and column headersRow and column headers Text only page if necessaryText only page if necessary Can avoid repeating repetitive navigation Can avoid repeating repetitive navigation
links links
DisabilitiesDisabilities
Americans with Disabilities ActAmericans with Disabilities Act
Some changes are expensive, but Some changes are expensive, but most are not.most are not.
Easy to testEasy to test Increase number of usersIncrease number of users ““Right thing to do”Right thing to do”
Domain NamesDomain Names
ICANN: Internet Corporation for ICANN: Internet Corporation for Assigned Names and Numbers Assigned Names and Numbers formed in 1998formed in 1998
UDRP: Uniform Domain Name Dispute UDRP: Uniform Domain Name Dispute Resolution Policy through ICANNResolution Policy through ICANN
ACPA: Anticybersquatting Consumer ACPA: Anticybersquatting Consumer Protection Act: Protection Act: bad faith intent to bad faith intent to profit from the trademarkprofit from the trademark
Domain NamesDomain Names
Esquire.comEsquire.com Juliaroberts.comJuliaroberts.com Brucespringsteen.comBrucespringsteen.com
E-Mail and EmployersE-Mail and Employers
Employers can monitor.Employers can monitor. Password or promise of privacy Password or promise of privacy
not sufficient for protection. Can not sufficient for protection. Can still monitor.still monitor.
Employers should be honest Employers should be honest about policy.about policy.
First Amendment:First Amendment:Hate SpeechHate Speech Hate speech protected under First Hate speech protected under First
AmendmentAmendment In USA onlyIn USA only Hate speech not protected if Hate speech not protected if
directly promotes violence: directly promotes violence: Nuremburg FilesNuremburg Files
Google and “jew”Google and “jew”
First Amendment: First Amendment: ChildrenChildren
Children’s Internet Protection ActChildren’s Internet Protection Act
UnconstitutionalUnconstitutional
Child Online Protection ActChild Online Protection Act
Too vagueToo vague
First Amendment: First Amendment: TerrorismTerrorismUSA Patriot ActUSA Patriot Act
Gives government more flexibility in Gives government more flexibility in accessing e-mail and internet accessing e-mail and internet usage records (from ISPs) if usage records (from ISPs) if suspect may have connection to suspect may have connection to terrorismterrorism
Offers ISP and providers of Offers ISP and providers of information immunityinformation immunity
New Laws Always New Laws Always DevelopingDeveloping States can not tax VoIP (Voice States can not tax VoIP (Voice
over Internet Protocol). Only over Internet Protocol). Only federal taxes apply.federal taxes apply.
Agreements “signed” over Agreements “signed” over internet are legally binding. internet are legally binding.
Recent legal newsRecent legal news