Category: GOVERNMENT REGULATIONS

It’s Not the Size of the Privacy Policy That Matters, It’s The Language

Posted on February 21, 2012 by Internet Lawyer

So, you’ve started an online business and you’re not sure what kind of privacy policy you need. Can it be a free one you find online? Should it be filled with lots of legalese to make it sound more professional? How long does your privacy policy need to be? If these questions have been on your mind, you’re about to find out the answers from Aaron Kelly – an Internet law specialist who has helped hundreds of companies –both big and small – with their online contract needs. Q: Is it fine to just use a free online privacy policy I find on the Internet? A: Sure, it’s fine; but the real question is whether or not it’s smart to do so. If you don’t have a legal background, it’s not advisable to grab any ol’ free contract you find ...

Posted in Affiliate Marketing Law, Government Regulations, Internet Law | Tagged FTC, Internet Law, Internet Marketing Law, Online Privacy Laws, Website Policies | Leave a comment

Internet Law Bills Currently Making Their Way Through The US Federal Government

Posted on January 23, 2012 by Internet Lawyer

It’s Internet law time! Below is a chart of Internet laws currently being reviewed in both the House and Senate. Bookmark this page and check back for updates. If you have any Internet law needs or questions, contact the Kelly Law Firm — as Internet law is our forte. Bill Sponsor Status Last Action Plain English S. 74: Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011 A bill to preserve the free and open nature of the Internet, expand the benefits of broadband, and promote universally available and affordable broadband service. Sen. Maria Cantwell [D-WA] Referred to Committee Jan. 25, 2011 Think “a chicken in every pot.” Everyone should have access to the Internet. H.R. 654: Do Not Track Me Online Act To direct the Federal Trade Commission to prescribe regulations regarding the collection and use of information ...

Posted in Government Regulations, Intellectual Property Law, Internet Defamation Law, Internet Law, Online Privacy Law | 1 Comment

An Overview Of The FTC

Posted on January 10, 2012 by Internet Lawyer

In 1914, The Federal Trade Commission (FTC) was established as an independent, consumer protection bureau. FTC compliance requires business institutions to follow certain consumer protection regulations; the FTC also aims to eliminate and prevent anticompetitive practices (for instance coercive monopolies). Trust-busting and trusts used to be among the major political concerns of the Progressive Era and the FTC was introduced for combating the issue. Today, the FTC has significant authority over online commerce and Internet advertising. Who Sits On The FTC? The Federal Trade Commission is headed by 5 commissioners. The President of the United States is responsible for nominating commissioners to head up the FTC; these picks then get confirmed by the Senate. Commissioners serve 7 year terms and The Federal Trade Commission ACT does not allow for one political party to hold more than 3 commissioner seats at ...

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Get Ready For The New FTC Business Opportunity Rules

Posted on December 8, 2011 by Internet Lawyer

Well, it’s official. On March 1, 2012 the Federal Trade Commission’s new “Disclosure Requirements and Prohibitions Concerning Business Opportunities” or “business opportunity rules” go into effect. According to the FTC’s website, amendments to the original rules were done to “broaden the scope” of businesses to include “sellers of work-at-home opportunities.” The new guidelines stipulate three disclosure and sales obligations that “bizopp” marketers must follow. Advocates for the new business opportunity rules say it’ll reduce costs, simplify the compliance process, and allow for greater transparency. But of course, there are at least two sides to every story; so while some may be lauding the new FTC business rules, others are most certainly grumbling. Who The New FTC Business Opportunity Rules Affect What exactly is a “business opportunity” you ask? They’re turn-key, packaged business investments. Unlike franchises, business opportunity buyers and sellers ...

Posted in FTC News, Government Regulations, Internet Law | Tagged Bizopps, FTC | Leave a comment

Medical Justice FTC Investigation Is A Go

Posted on December 7, 2011 by Internet Lawyer

After several months of bad press and legal leg-work, last week, the Center for Democracy and Technology filed a formal complaint with the Federal Trade Commission and several Attorneys General about Medical Justice, a doctors’ rights company. In a thorough claim, the CDT cogently outlines what they consider deceptive and unfair practices on the part of Medical Justice.[1] About Medical Justice and Their Copyright Infringement Control Business Plan Over 3,000 medical professionals in the United States (many of which are allegedly facing malpractice suits[2]) pay approximately $1,200 a year for membership in Medical Justice, a company whose stated goal is to help doctors combat “physician Internet libel and web defamation.”[3] The original Medical Justice modus operandi involved a contract that forbade patients to post negative online reviews about the doctor or the medical treatments received under the care of a ...

Posted in FTC News, Government Regulations, Intellectual Property Law, Internet Law | Leave a comment

FDA Declares HCG Weight Loss Products Illegal

Posted on December 7, 2011 by Internet Lawyer

Yesterday, The Federal Drug Administration announced that HCG Weight Loss products are illegal and many of the brands’ endorsement claims haven’t been substantiated. Eleven specific products were named in the statement, all of which were labeled “homeopathic” and received letters from the FDA informing them of their products perceived illegality. The FDA’s Claims About HCG Weight Loss Products Spokespeople for the Federal Drug Administration announced yesterday that weight loss products containing human chorionic gonadotropin are not effective weight loss supplements. Moreover, officials say that many of the products feature instructions that advise customers to take with a “very low calorie diet.” The FDA cautions that taking HCG on a minimal calorie diet can be very dangerous and increase one’s risk of heart arrhythmias. Electrolyte imbalance and the development of gallstones are two other side effects that the FDA associates with ...

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DOJ Wants To Scare You Straight When It Comes To Violating ToS Agreements; Proposes Amendment To Computer Fraud and Abuse Act

Posted on November 18, 2011 by Internet Lawyer

Last week, CNet’s Declan McCullagh highlighted some questionable steps, concerning online terms of service agreements, made by the Department of Justice. In short, the DOJ wants to make violating an online user agreement a federal crime. If you just threw your computer a side-eye and wailed a “what you talkin’ ‘bout Willis,” you’re not alone. Because if the Department of Justice succeeds in pushing through the measure, it’ll have a profound effect on how we interact with the World Wide Web. First, A Bit About The Computer Fraud and Abuse Act The Computer Fraud and Abuse Act passed in 1986 — long before the advent of popular Internet use and social networking — in an effort to reduce high-level computer cracking. Ostensibly seen as the go-to bill when updates to computer hacking laws are desired, the CFAA has a long ...

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FTC and Google Buzz

Posted on November 4, 2011 by Internet Lawyer

That big smacking sound you heard a little while ago was the Federal Trade Commission (FTC) whacking Google in the chops for not properly notifying Gmail participants they would be enrolled in Google’s answer to Facebook and Twitter – Google Buzz. When Google Buzz was launched in 2010, Google took the personally identifiable information of those already signed up with Gmail to create default accounts in Google Buzz for Gmail users to follow other users employing the same concept Facebook uses to post updates and follow other users’ updates. The problem according to the FTC and the Electronic Privacy Information Center (EPIC), who called for the FTC to investigate Google, was with Google’s approach in notifying Gmail subscribers regarding their enrollment in Google Buzz. According to the FTC, Google did not properly notify Gmail participants in a clear and conspicuous ...

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Canadian, Australian and American Officials Join Forces in International FTC Lawsuit

Posted on October 30, 2011 by Internet Lawyer

International FTC Lawsuit Effort The FTC is flexing their muscles this summer. Their latest target: Yellow Page B.V. – a European-based operation out of Palma de Mallorca. An internationally coordinated effort, the Canadian Competition Bureau is also suing the European outfit. Both governments’ officials were helped with information from Australian authorities who pressed charges earlier in the year. About Yellow Page B.V. According to International FTC lawsuit documents, Yellow Page B.V. has been operational since 2009. The company is said to use corporations based out of the United States, Netherlands and England. Jan Marks; Yellow Page Marketing B.V., also doing business as Yellow Page B.V. and Yellow Page (Netherlands) B.V.; Yellow Publishing Ltd.; and Yellow Data Services Ltd. are all named defendants in official documents. International Accusations American, Canadian and Australian officials all claim to have evidence that Yellow Page ...

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Could The Proper Privacy Policy Save PayDay Loan Websites From The FTC’s Wrath?

Posted on October 30, 2011 by Internet Lawyer

The Federal Trade Commission is on a mission to extinguish deceptive online marketing practices. A few months ago, Acai berry, weight loss websites were FTC target #1; today, the commission is cracking down on “negative option” programs commonly found on payday loan sites. Redwood, California-based Swish Marketing is the latest company to attract the FTC’s wrath. Why? According to the FTC, Swish tricked unsuspecting customers into purchasing debit cards they never requested or wanted. The Pay Day Loan Cover Swish Marketing operated several payday loan websites that matched applicants with lenders. Visitors to the site filled out a typical loan information request form, which required applicants to divulge personally identifiable information. But Swish’s forms were misleading. When users hit submit, they were brought to a confirmation page offering several add-on services dubbed “bonuses”. The “bonuses” each had a checkbox users ...

Posted in Government Regulations, Internet Law | Tagged Affiliate Marketing Law, Internet Marketing Law | Leave a comment

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