Internet Law

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In 2013, the U.S. Census Bureau reported that nearly 9 out of 10 Americans has access to an internet connection. And that number has surely grown in the years since. The spread of internet use has seen rise to a number of new legal issues. Many of these relate to website operation as well as copyright, trademark, and other intellectual property rights.

For example, one consideration when offering a website are the Terms of Service, also known as Terms of Use. These terms are an integral and tell users what the rules are when visiting a website. As a result, they are particularly important for websites that thrive on user interaction. Similarly, privacy policies inform website visitors what information you collect, how you use that information, and for how long you store it. And, if the information is gathered from those under 13 years of age, under the Children’s Online Privacy Protection Act (“COPPA”) a privacy policy may be mandatory.

Other online issues relate to “Cybersquatting.” Cybersquatting is the registration of a domain name in bad faith using someone else’s trademark. Typically the offender hopes to profit by selling the domain to the trademark owner, often at an exorbitant price. Fortunately, there are avenues to address acts of cybersquatting. These include arbitration under the Uniform Domain Name Dispute Resolution Policy as well as a lawsuit brought under the Anti-cybersquatting Consumer Protection Act.

Many other online disputes concern posting of copyrighted materials. The Digital Millennium Copyright Act (“DMCA”) provides an avenue for copyright holders to request the removal of their work from the internet. If your work has appeared online without your permission, you may be able to have it taken down.

We at Garrity Traina are tech savvy and appreciate the issues that have arisen during this digital age. As a result, we are able to work with our clients to offer creative and effective solutions. Please contact us today to schedule a free consultation with one of our attorneys.