Internet Law
Internet law, or cyberlaw, refers to how laws govern how the Internet is used. It concerns the law of information technology and governs, without limitation, cybersquatting and domain names, data privacy, defamation, eCommerce, intellectual property, and marketing and advertising.
Browsewrap Arbitration Provision Found Unenforceable
A California federal court recently held in Rushing v. Viacom, Inc. that an arbitration provision in Viacom’s End User License Agreement was unenforceable because users could access the gaming application without having to click on a link to the EULA. The court rejected Viacom’s argument that the user had actual or constructive notice of the…
Read Article...California Passes Net Neutrality Bill
Last month, the California legislature passed the California Internet Consumer Protection and Net Neutrality Act of 2018. The bill is in response to the Federal Communications Commission’s recent repeal of the February 2015 “Open Internet Order.” Oregon Vermont and Washington have also passed net neutrality legislation. Governors in Hawaii, New Jersey, New York, Montana, Rhode…
Read Article...Draft Do-Not-Track Compliance Standard Published
On July 14, 2015, the organization in charge of developing uniform standards for World Wide Web technologies announced the “last call” for a draft proposal on how websites should comply with a user’s “Do-Not-Track” preference. If implemented, the proposal would be the very first formal standard for DNT compliance. The proposed standard describes how service…
Read Article...Hinch Newman Wins eCommerce Traffic Patent Fight for Top Affiliate Network
As reported in Law360 (February 11, 2015), the United States District Court, Central District of California granted Clickbooth.com’s Motion for Judgment on the Pleadings, ruling that the claims asserted by Essociate, Inc.’s Internet based affiliate pooling patent are patent ineligible under 35 U.S.C. § 101 and are therefore invalid. A copy of the motion can be seen,…
Read Article...Use of Privacy Service Leads to In Rem Jurisdiction in Anticyberquatting Consumer Protection Act Case
On August 7, 2014, the U.S. District Court for the Eastern District of Virginia held that a cybersquatting complainant established that it could not obtain personal jurisdiction over a typosquatting registrant by showing that the true registrant was unknown due to the use of a privacy service, the U.S. District Court for August 7 (Central Source…
Read Article...Regulators Increase Oversight of Virtual Currencies
A virtual currency is a medium of exchange without government backing that can be circulated over the Internet. The Obama administration has made oversight of virtual currencies such as Bitcoin a high priority given the rise of criminal activity that exploits their quick and anonymous nature. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) has been working to bring regulatory certainty for…
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