What's Inside This up-to-date, reorganized second edition of the five volume legal treatise offers an unparalleled reference and practical resource – the complete authority on e-commerce and Internet law for business lawyers and litigators.
Newly Revised Information
Catalogs of state statutes on e-mail marketing, Internet security, and identity theft
Digital Millennium Copyright Act and its application to UGC sites, the cloud and mobile platforms
Database protection and laws governing screen scraping
Widespread Internet practices that in fact increase a company’s risk of liability
Patchwork of state laws on privacy, security, anonymity, and pseudonymity
Internet advertising; antitrust law; online gambling, contests and promotions; online banking; securities; domain name parking and tasting; and valuing domain names
Spamming, phishing, meta tags, consumer gripe sites, screen scraping, sponsored links, affiliate marketing, advertiser liability, and Internet class actions
How-to-do-it Guidance
Exhaustive analysis of security breach notification laws in 46 states and four U.S. territories with a practical road map for responding to different types of data breaches on a national basis (and conducting pre-breach audits)
How to compel the disclosure of anonymous and pseudonymous tortfeasors and infringers – and avoid common pitfalls
Common mistakes in Internet licenses, contracts, and privacy policies, including drafting tips
New or updated forms, checklists, and appendix materials
Thorough Analysis
The impact of new rulings from the 5th, 7th, and 9th Circuits on the scope of the CDA exemption
CAN-SPAM Act regulations and recent case law
Secondary trademark liability and the impact of Tiffany, Inc. v. eBay, Inc.
In rem jurisdiction in domain name cases and why Zippo Dot Com is often not the correct test for jurisdiction in other disputes
The unprecedented expansion of the Domain Name System
Extensive New Treatment
Blogs, wiki, social networks, and User-Generated Content (UGC) sites – plus, new legal developments and best practices
Liability risks of UGC sites under multiple theories of law, including copyright, trade secret, patent, defamation, and child pornography reporting laws
Successful strategies and common mistakes made in choosing between alternative remedies to combat cybers-quatting
Making sense of case law on the Internet contracts and Terms of Use, including when and why TOU will be found unenforceable, and liquidated damages, arbitration, and class action waiver decisions