Category: INTERNET LAW

Arizona Revenge Porn Bill Aims High, Deemed Flaccid by Law Expert

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In an attempt to quell revenge porn, The Arizona legislator has proposed a new law — House Bill 2515. The bipartisan bill aims to make illegal to “knowingly disclose, display, distribute, publish, advertise, or offer a photograph, videotape, film or digital recording or other reproduction of another person in a state of nudity or engaged in a sexual act without obtaining the written consent of the depicted person.” Most people can agree that so-called revenge porn is an odious plague. As such, attempts to legally curtail the pastime – like Arizona’s HB 2515 – seem like a great idea. Moreover, since professional pornographers are required to keep proof of age and consent forms, people often wonder: “Why not make consent mandatory for all media involving nudity or sex acts?” Seems logical, right? Maybe not. Law professor Derek Bambauer points out ...
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COPPA Parental Consent: A Legalese-Free Legal Guide

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IN THIS ARTICLE: Allowable COPPA parental consent methods The FTC approved a new consent option for the Children’s Online Privacy Protection Act New COPPA parental consent method is based on knowledge-based authentication KBA method beat out new “social-graphing” authentication method Attention companies covered under the Children’s Online Privacy Protection Act: The FTC approved a new COPPA parental consent method. The nation’s consumer watchdog agency green lit Imperium LLC’s dynamic knowledge-based authentication system, ChildGuardOnline. Quickly, What Is COPPA? The Children’s Online Privacy Protection Act is one of the few Internet privacy laws in the United States. In short, it established a set of governing rules for online data collection and digital storage of people aged 13 and younger. One of the main COPPA components is parental consent. In the simplest terms, websites and apps must obtain parental consent before collecting, using ...
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Canadian Online Marketing Regulations FAQ

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What is the Canadian Competition Bureau? The Canadian Competition Bureau is an Independent law enforcement agency that monitors Canadian online marketing regulations. The Competition Bureau is responsible for the administration and enforcement of: Competition Act Consumer Packaging and Labeling Act Textile Labeling Act Precious Metals Marketing Act What law governs Canadian online marketing regulations? Canada’s Competition Act — commonly called C-34 — is the law governing business conduct in Canada including online marketing. C-34 covers both civil and criminal actions. In general, what does C-34 say about false and misleading advertising online? C-34 asserts that “any representation in any form, which is false or misleading in a material aspect, is prohibited.” It also states, “A representation is material if it could lead a person to a course of conduct that, on the basis the representation, he or she believes to ...
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UK Online Marketing Compliance Q&A

UK online marketing compliance summary
“Since the Internet can’t decipher nation-state borders, must I adhere to Internet law standards in other countries?” It’s an oft-asked question and the answer is “yes”. To tweak a cliche: When in the UK, do as the British. And since national boundaries are non-existent online, your website is, technically, “in the UK,” which means you should take time to review UK online marketing compliance standards. To help you out, below is a list of frequently asked UK online marketing compliance questions — and answers. What agency monitors UK online marketing compliance? UK online marketing compliance standards are monitored by a self-regulatory organization called the Advertising Standards Authority (ASA). The group’s stated duty is to “Regulate the content of advertisements, sales promotions and direct marketing in the UK” by investigating “complaints made about ads, sales promotion or direct marketing.” Guy Parker ...
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Sextortion 101: A Legal Primer

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First, revenge porn hit the scene. Now, sextortion is also on the stroll. “Sextortion,” you ask? A hybrid crime of extortion and hacking, sextortionists use malware to gain control of web cams, and then take nude pictures and videos of victim’s without their knowledge or consent. After that, the perpetrator usually contacts the victim and demands money in exchange for not publishing the material. Unlike revenge porn, sextortion is illegal everywhere. If you get caught, you’re going to need superb lawyering to keep you out of jail. Teenage Sextortionist Could Face Over A Year In Jail Nineteen year old Jared James Abrahams of California recently found out the hard way that sextortion will land you in a heap of trouble with the law. After successfully using malware to commander the web cams of several women, including Miss Teen USA Cassidy ...
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Revenge Porn Legal Primer: Laws & Legalities

Sextortion: revenge porn's equally odious cousin.
Welcome to the world of revenge porn – where scorned ex-lovers (and general jerks) publicly “sl*t shame” former paramours by posting prurient pictures online. To add opportunity to injury, a profitable revenge porn website industry has emerged. Not only do sites provide a platform for the offending material, but  they also charge revenge porn victims a hefty sum to remove media (think $5,000 in some cases). The worst part: paying the fee doesn’t guarantee it won’t pop up elsewhere once its removed from one site. And believe it or not, revenge porn is perfectly legal in most jurisdictions. That said, victims are coming up with novel and effective ways to sue in civil court using various DMCA, defamation and false light invasion of privacy laws. Still, no nationwide law exists to combat revenge porn on a federal level. States, like ...
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The Illinois Amazon Tax is Dead

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Attention affiliate marketers: it’s safe to head back to Illinois. The state’s Supreme Court overturned the controversial “Amazon tax”. The court decided the law that birthed the online sales tax was superseded by the federal Internet Tax Freedom Act, and was therefore unconstitutional. So, let’s take a minute to review the Internet Tax Freedom Act and the Amazon tax. Then we’ll discuss the logic road the Illinois justices traveled to reach their decision – a decision that is sure to delight the affiliate marketing community. Internet Tax Freedom Act Lawmakers singed the Internet Tax Freedom Act into law on October 21, 1998. It’s meant to preserve the educational, commercial and informational potential of the Internet by banning Web taxes. Specifically, the ITFA prohibits “Internet-only” levies like bit, email and bandwidth taxes. It does not, however, exempt states from establishing an ...
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New Tech Tax In Massachusetts

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Listen up tech industry people in Massachusetts! Your state government recently passed a new tax that directly affects your business. In order to fund statewide transportation upgrades, the standard 6.25% sales tax will now be required on most computer software services, including website development. A cabal of tech industry and taxpayer associations has banded together to fight the tax, but lawmakers seem intent on sticking to their decision. Why The New Massachusetts Technology Tax? Why is Massachusetts adding a new tax? State representatives say it’s all about mending the ailing transportation system. And since transportation upgrades usually involve technological advancements, legislators buried the tax in a recent transportation bill – a statute most tech folks didn’t notice. Lawmakers estimate the new tax will bring in $160 million in revenue for the state. Opponents to the tax think it will bring ...
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TCPA Rule Changes Coming Soon!

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If you use robocalls or texting to advertising a product or service, be sure to familiarize yourself with recent TCPA developments. First passed in 1991, the Telephone Consumer Protection Act (TCPA) protects consumers from unwanted or unrequested phone solicitations. The Federal Government plans to enact additional measures designed to further solidify the existing law. The Telephone Consumer Protection Act Marketing and advertising are vital components of any successful business, and more often than not, the “most heard” message is the one that sticks in the consumer’s mind. Not surprisingly, businesses capitalized on the immediacy and convenience of telemarketing and automated messaging systems. Under the TCPA, businesses are required to obtain prior consent from consumers before engaging in any telemarketing, automated messaging, text messaging or fax solicitations. The TCPA defines conditions for prior consent as: A clear and unambiguous statement for ...
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Google Antitrust On The Menu Again?

Google Lawsuits
Just when Google thought their antitrust worries had washed away with a wave of other campaign-year  flotsam, the Federal Trade Commission has fired up the bat signal and are summoning the proverbial “A Team.” Their focus, once again, seems to be on the Khal of Search, Google. A new marketing czar is now at the helm of the FTC. Moreover, judging from early reports, it seems the commission is focusing on the logistics of Google’s ad exchange program, instead of organic SERP results, like last time. Could these two variables result in a bad outcome for Google this go round? The Google Antitrust Legal War Google is no stranger to the antitrust litigation ring. The first unfair competition arrow was shot from the SS FTC in 2007. Back then, the commission concerned themselves with the tech company’s acquisition of a ...
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