Category: ONLINE PRIVACY LAW

The Privacy Tort of False Light Explained By An Internet Lawyer In Plain English

Posted on February 22, 2012 by Internet Lawyer
Internet Laws
Believe it or not, The United State Constitution doesn’t mention “privacy” once; but that doesn’t mean invasion of privacy isn’t protected. After all, the fourth amendment guards against unreasonable search and seizures, and the ninth amendment ensures that arguably inalienable rights not explicitly mentioned in the Constitution, are also protected. As such, many states have False Light invasion of privacy laws on the books. As a private citizen, you have a right to protect yourself from unflattering and unwanted publicity. The legal concept is known as “False Light.” And as we collectively continue to travel down this wi-fi, Internet-obsessed road we’re on, expect to see more false light lawsuits hitting the courts. What Is False Light? False light is a privacy tort often confused with defamation. In fact, some jurisdictions think the two are so similar they’re lumped together under ...
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Online Marketing Laws: What You Need To Know

Posted on February 14, 2012 by Internet Lawyer
Internet Laws
Online Marketing Laws Introduction More than ever, it is imperative that businesses tread the line between successful marketing campaigns and misuse of marketing techniques that may border or cross into illegality. The best defense is to establish standards of online marketing well within the realm of the law — and familiarization with current online marketing laws is the first step. Online Marketing Laws: Terms of Use and Privacy Policy If you don’t have them already, get yourself a privacy policy and terms of service contract for your website ASAP. More and more people are suing (and winning) for various Internet privacy issues. The catch 22 is that when an entity collects data from consumers in the U.S., the standard is that the entity owns the data, or in more precise terms, “the right to store and utilize it.” Such a ...
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Federal Online Privacy Law: When will it happen?

Posted on February 1, 2012 by Internet Lawyer
capitol
You’re likely aware of the ongoing discussion in Washington, DC that regulatory agencies like the Federal Trade Commission (FTC) and the Department of Commerce are having with companies that engage in e-commerce. Much of the discussion centers on online privacy with regard to things such as: Which party is responsible for maintaining online privacy? The business? The consumer? Or both? Should businesses give consumers the option to opt-in or opt-out of cookies? What role should the consumer play when it comes to maintaining their individual privacy online? Being that businesses already bear much of the responsibility for maintaining online privacy for consumers, it wouldn’t be surprising for any future online privacy law to mandate business and technology entrepreneurs to bear the brunt of adhering to laws and regulations put forth by Congress and regulatory agencies. Following the European Model Online ...
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January 28th: Celebrate Data Privacy Day!

Posted on January 28, 2012 by Internet Lawyer
Order a cake! Decorate the place with streamers! Throw confetti everywhere! Invite friends over, play loud music, and dance on the couch! Why? Well, it’s January 28th: Data Privacy Day! In all seriousness, Data Privacy Day is recognized in the United States, Canada, and in many countries throughout Europe to promote awareness for businesses and consumers to safeguard their personally identifiable information online. Back in 2009, the United States Congress declared January 28th the official day to observe Data Privacy Day. With January 28th close at hand, it’s a good time to review what it means to protect personally identifiable information and maintain online privacy from the standpoint of both the consumer and online business owner. What Data Privacy Day Means for Consumers Our lives are becoming more digitized. Consumers are being tracked by their every click via cookies or ...
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Internet Law Bills Currently Making Their Way Through The US Federal Government

Posted on January 23, 2012 by Internet Lawyer
capitol
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 ...
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Posted in Government Regulations, Intellectual Property Law, Internet Defamation Law, Internet Law, Online Privacy Law | 1 Comment

Online Privacy Law Trivia

Posted on December 1, 2011 by Internet Lawyer
Internet Law Online Privacy Quiz
It’s Friday, it’s almost quitting time and you’re looking to kill some time. So why not use the time to test your online privacy law IQ. Have some fun answering the questions below, press “score quiz” and get answers and explanations immediately. And who knows, you may just learn a few smarty-pants factoids for the next cocktail party you’re heading to! Online Privacy Trivia Quiz
Posted in Online Privacy Law | 1 Comment

As Seen on TV! (Really!)

Posted on November 16, 2011 by Internet Lawyer
Internet Lawyer For News Segments
Internet Lawyer, Aaron Kelly, was featured on Channel 12 News discussing Facebook’s Facial Recognition software.  Yes, that is really our law office and yes Aaron knows he needs a hair cut.  Check out the video!
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The Gramm-Leach Bliley Act

Posted on November 4, 2011 by Internet Lawyer
The Gramm-Leach Bliley, or GLB, Act of 1999 is the commonly used name for the Financial Modernization Act of 1999 which went into enforceable effect on July 1, 2001. The GLB Act was intended to protect individual’s private financial information and is enforced on any institution or business that has significant involvement in consumer financial activities. This includes, but is not limited to, the following types of companies: Banks Securities Firms Insurance Companies Real Estate Appraisers Automobile Leasing Companies Travel Agencies connected to Financial Services Retailers that issue their own consumer credit cards There are currently eight federal agencies charged with the task of enforcing the rules contained within the GLB Act. All of the states are also authorized to enforce the rules contained within the GLB Act as they concern the privacy of individual’s financial information. The Act itself ...
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Online Privacy Is Under Fire In Germany

Posted on November 4, 2011 by Internet Lawyer
German gamers are fighting mad and ready to rumble over online privacy – and I must admit that my geek gene tingled upon hearing of the fracas. After all, it’s not every day a case comes along involving three of my favorite things: mobile technology, Internet law and Battlefield 3. Last week, German computer commandos set their status to AFK and launched a real-life assault on EA Games. Some marched into Media Markts and Saturn Shops demanding refunds for their already used copies of Battlefield 3. And others, armed with curse-words, descended upon the game’s user rating page on amazon.de which now resembles a freshly conquered battlefield, save the bloody corpses are vitriol-filled reviews. What caused the onslaught? The fine print of an end user licensing agreement is to blame. Der Spiegel Spilled The Beans Let’s be honest, hardly anybody ...
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LulzSec Hacker Collective Gained Access to PBS Administrative Files and Records

Posted on October 30, 2011 by Internet Lawyer
First things first: Biggie and Tupac are not chilling out down under, living la vida Kiwi. If you happened to be on PBS’s website last Sunday, though, you may have heard otherwise. After all, the usually well-respected, non-profit had posted the story on their site. As one would suspect, the Tupac-Biggie breaking news was a warning attack carried out by the merry band of pranksters, LulzSec; and Internet freedom fighters would argue PBS provoked it. What event set hackers on a destruction course for Sesame Street’s station? The catalyst was WikiSecrets: a Frontline documentary about the infamous whistleblower site, WikiLeaks. Bradley Manning, a young U.S. Army intelligence analyst who was arrested after being fingered as the source of several leaks, was the program’s focus. Julian Assange, the saucy white-haired creator of WikiLeaks (and well-respected hacker), was also featured on the ...
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