Your Rights Under Your Rights Under the Internet Lawthe Internet Law

By: Sannita S. LamBy: Sannita S. Lam

COPYRIGHTCOPYRIGHT

Protects the “original works of Protects the “original works of ownership”ownership”

Ensures that the company can Ensures that the company can compete in the marketplace compete in the marketplace

Prevent unauthorized copying, sales, Prevent unauthorized copying, sales, and distribution of its product and distribution of its product

TRADEMARKTRADEMARK

to identify and distinguish the source of a to identify and distinguish the source of a good or service good or service

protect words, symbols, slogans, designs, protect words, symbols, slogans, designs, characters, packaging, sounds, smells, and characters, packaging, sounds, smells, and colors, as well as product configurations, colors, as well as product configurations, as used in commerce as used in commerce

protect against confusion in the market protect against confusion in the market place resulting from conflicting use of place resulting from conflicting use of similar words or symbols, among other similar words or symbols, among other things things

DEFAMATIONDEFAMATION

an invasion of a person’s reputation and an invasion of a person’s reputation and good name good name

complaint for defamation may be based on complaint for defamation may be based on a false statement, spoken (slander) or a false statement, spoken (slander) or written (libel), that exposes a person to written (libel), that exposes a person to hatred, contempt, or ridicule, or which hatred, contempt, or ridicule, or which cause a person to be shunned or avoided, cause a person to be shunned or avoided, or which has a tendency to injure that or which has a tendency to injure that person in his or her occupation person in his or her occupation

PRIVACYPRIVACY Electronic Communications Electronic Communications

Privacy Act of 1986 Privacy Act of 1986

Privacy Protection Act of Privacy Protection Act of 1980 1980

Is the primary federal legal Is the primary federal legal protection against protection against unauthorized interception unauthorized interception and disclosure of electronic and disclosure of electronic communications, while in communications, while in transit or in storage. transit or in storage.

Safeguards relating to Safeguards relating to materials held by “a materials held by “a person reasonably person reasonably believed to have a believed to have a purpose” to publish a purpose” to publish a newspaper, book, newspaper, book, broadcast, or similar public broadcast, or similar public communication communication

PRIVACYPRIVACY

Privacy Act of 1974 Privacy Act of 1974

Fair Credit Reporting Fair Credit Reporting Act of 1970 Act of 1970

No government No government agency may conceal agency may conceal the existence of a the existence of a personal data record-personal data record-keeping systemkeeping system

Credits bureaus are Credits bureaus are required to implement required to implement and maintain and maintain procedures to avoid procedures to avoid reporting obsolete or reporting obsolete or inaccurate information inaccurate information

PRIVACYPRIVACY Right to Financial Privacy Right to Financial Privacy

Act Act

Telephone Consumer Telephone Consumer Protection Act of 1991 Protection Act of 1991

Financial institution may Financial institution may not proved the government not proved the government “access to or copies of, or “access to or copies of, or the information contained the information contained in, the financial records of in, the financial records of any customer except in any customer except in accordance with the accordance with the provisions of “The Act.” provisions of “The Act.”

This Law makes it unlawful This Law makes it unlawful to place a phone call using to place a phone call using any automatic telephone any automatic telephone dialing system or an dialing system or an artificial or prerecorded artificial or prerecorded voice to any service for voice to any service for which the called party is which the called party is charged for the call charged for the call

CRIMINAL LIABILITYCRIMINAL LIABILITY

Computer Fraud Computer Fraud and Abuse Actand Abuse Act

Wire FraudWire Fraud

largely aimed at largely aimed at protecting federal protecting federal government as well government as well as financial and as financial and medical institution medical institution computers computers

a scheme to a scheme to defraud by means defraud by means of false pretenses of false pretenses

CRIMINAL LIABILITYCRIMINAL LIABILITY Electronic Communications Electronic Communications

Privacy Act of 1986Privacy Act of 1986

Sexual Exploitation of Sexual Exploitation of ChildrenChildren

prohibits unauthorized prohibits unauthorized interception and disclosure interception and disclosure of the content of the of the content of the electronic communicationselectronic communications

Federal law prohibits Federal law prohibits employing, using, employing, using, persuading, including, persuading, including, enticing, or coercing a enticing, or coercing a minor to engage in any minor to engage in any sexually explicit conduct for sexually explicit conduct for the purpose of producing the purpose of producing any visual depiction of such any visual depiction of such conductconduct

ETHICSETHICSMany professions have established Many professions have established

ethical rules and standards ethical rules and standards governing the conduct of their governing the conduct of their members. The advent of online members. The advent of online technology has required those technology has required those

responsible for developing these responsible for developing these rules and standards to educate rules and standards to educate themselves about the new tools themselves about the new tools

and media and to determine how and media and to determine how they fit into the existing scheme they fit into the existing scheme and whether some changes are and whether some changes are

necessary. necessary.