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Articles 91 - 96 of 96
Full-Text Articles in Internet Law
"Can I See Some Id?" Age Verification Requirements For The Online Liquor Store, Boris Reznikov
"Can I See Some Id?" Age Verification Requirements For The Online Liquor Store, Boris Reznikov
Washington Journal of Law, Technology & Arts
Teenagers are starting to use the Internet to circumvent the ordinarily stringent restrictions on the sale of alcohol to underage individuals. Since states have always punished vendors for furnishing alcohol to minors, companies that choose to sell alcohol online must recognize that they could be criminally and civilly liable if they do not take reasonable precautions to ensure that minors do not obtain their product. This Article examines the steps online alcohol vendors might take in order to protect themselves from liability so that they can continue to run their ventures in a profitable manner.
When Is § 230 Immunity Lost?: The Transformation From Website Owner To Information Content Provider, Karen Alexander Horowitz
When Is § 230 Immunity Lost?: The Transformation From Website Owner To Information Content Provider, Karen Alexander Horowitz
Washington Journal of Law, Technology & Arts
Section 230 of the Communications Decency Act (CDA) offers broad protection for providers and users of interactive computer services against liability for defamation and other content-based claims when a third-party provides the information. Although providers and users of interactive computer services (ICSs) are permitted to exercise some editorial control while still avoiding legal liability, at some point, such editing may transform the provider or user of the ICS into an information content provider and deprive them of § 230 immunity. The key issue is where the threshold between permissible and impermissible editorial control lies. This Article delves into this issue …
Don't Send That E-Mail To A Minor!: Compliance With State Child Protection Registry Statutes, Laura Dunlop
Don't Send That E-Mail To A Minor!: Compliance With State Child Protection Registry Statutes, Laura Dunlop
Washington Journal of Law, Technology & Arts
In July of 2004, Michigan and Utah enacted child protection registry laws that prohibit businesses from sending e-mail advertisements for certain types of goods and services to “contact points” (e.g. individual or school e-mail domains) listed on registries maintained by each state. The prohibited goods and services include alcohol, tobacco, pornography, and illegal drugs. This Article summarizes these statutes and provides guidance to businesses concerning statutory compliance. The Article also highlights certain concerns about the scope and ambiguities in the statutory language. Despite ongoing debate surrounding these statutes, companies that choose to market via the Internet must understand their statutory …
Applying The Wiretap Act To Online Communications After United States V. Councilman, Jessica Belskis
Applying The Wiretap Act To Online Communications After United States V. Councilman, Jessica Belskis
Washington Journal of Law, Technology & Arts
This article examines the federal Wiretap Act and its application to online communications in light of the United States Court of Appeals for the First Circuit’s recent decision in United States v. Councilman. The federal Wiretap Act places legal limits on the surveillance of electronic communications, but courts struggle to make sense of its application to online communications. Formerly, courts held that the Wiretap Act did not apply to the retrieval of communications from places of electronic storage. However, in United States v. Councilman, the First Circuit suggests that retrieval of emails from temporary places of electronic storage …
The Fight To Save America's Inbox: State Legislation And Litigation In The Wake Of Can-Spam, Emma Scanlan
The Fight To Save America's Inbox: State Legislation And Litigation In The Wake Of Can-Spam, Emma Scanlan
Washington Journal of Law, Technology & Arts
The fight to curb the ever-increasing amount of unsolicited commercial email or “spam” showing up in the inboxes of American businesses has generated both state and federal legislation. The CAN-SPAM Act of 2003 was enacted to create a bright-line between spam and legal commercial email. The Act preempted many state spam laws but also left significant enforcement abilities to the individual states. States that elect to create large civil damages for spam without criminalizing the transmission of unsolicited commercial email run the risk of winning cases where the damage awards are largely unenforceable and not effective deterrents to big-time spammers. …
Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras
Liability Under The Americans With Disabilities Act For Private Web Site Operators, Evgenia Fkiaras
Washington Journal of Law, Technology & Arts
The Americans with Disabilities Act of 1990 (“ADA”) is silent on the specific question of whether privately owned websites fall within its provisions. There is a circuit split on the issue, although the only case directly on point makes mandatory website compliance the exception rather than the rule. Nevertheless, given the direction that the law will probably head and the relative ease of making websites accessible to the group most in need—those who require the use of assistive technologies—it behooves businesses to construct or alter their websites to accommodate these individuals.