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Full-Text Articles in Law
Safe Haven No More: How Online Affiliate Marketing Programs Can Minimize New State Sales Tax Liability, Jennifer Heidt White
Safe Haven No More: How Online Affiliate Marketing Programs Can Minimize New State Sales Tax Liability, Jennifer Heidt White
Washington Journal of Law, Technology & Arts
Affiliate marketing has become a popular and profitable way for online merchants to access potential buyers, especially where those merchants lack a physical presence in the buyer’s home state. By increasing market penetration and brand recognition, affiliates have contributed to the growth of e-commerce and, consequently, the growth of untaxed electronic purchases. As a result, affiliates recently became the focus of states looking to capture lost sales tax revenue from online sales. In 2008, New York became the first state to target affiliate marketing programs with a tax amendment that requires out-of-state vendors that solicit more than $10,000 worth of …
User Privacy And Information Disclosure: The Need For Clarity In "Opt-In" Questions For Consent To Share Personal Information, Suzanna Shaub
User Privacy And Information Disclosure: The Need For Clarity In "Opt-In" Questions For Consent To Share Personal Information, Suzanna Shaub
Washington Journal of Law, Technology & Arts
Many company Web sites obtain permission to disclose their users’ private information to third parties through the use of “opt-in” mechanisms, which require consumers to affirmatively grant consent to collect data from the user. These opt-in questions often ask general questions, such as whether the user would like to receive further information about the company or a product. Many companies construe an affirmative answer as consent to disclose personal information in accordance with its privacy policy. Although companies with this practice have generally avoided liability in the past, a recent case raises significant skepticism regarding the practice. In CollegeNET, Inc. …
The European Union's Data Retention Directive And The United States's Data Preservation Laws: Finding The Better Model, Kristina Ringland
The European Union's Data Retention Directive And The United States's Data Preservation Laws: Finding The Better Model, Kristina Ringland
Washington Journal of Law, Technology & Arts
The European Union’s Data Retention Directive (the “Directive”) seeks to assist law enforcement officials in their efforts to combat terrorism and to standardize disparate laws regarding data retention within the European Union (EU). The Directive requires companies to retain traffic and location data that identifies a subscriber or registered user of a Web site for a period of six to twenty-four months. Implementation of the Directive takes place at the national level and poses many challenges to providers of electronic communication services. There is no analogous United States federal law mandating data retention. The United States, however, has a data …