The Internet:
With the huge increase in the number of people using the internet, crime and fraud on the internet has also seen a considerable rise. The popularity of the internet as a means to not just stay in touch, but also as a means to get global information and conduct global businesses, has made it a target for different types of frauds and scams. To prohibit the misuse of this medium and to protect people who use the internet, many laws have been enacted in the US regarding the internet. These are:
Domain Name and Cyber Squatting Laws: The domain name is the name by which a site is recognized. What follows after www. in the address of a site is its domain name. Many people had started registering domain names which used the names of popular brands and trademarks with the sole purpose of trying to sell the domain name and make money. This is known as cyber squatting. To put a stop to this practice, the Anticybersquatting Consumer Protection Act (ACPA) was passed in 1999. Under this law, it is illegal for any person to use another’s trademark for registering a domain name. In the event that such a thing happens, the trademark holder can file a lawsuit against the cyber squatter under the ACPA. The legal action could be for either of 2 reasons:
- To have the domain name cancelled or transferred to the trademark holder.
- To get compensation for actual damages incurred or obtain statutory damages which could range from $1,000 to $100,000 per domain name.
Laws for Spamming: Spamming is the practice of sending unsolicited emails to people in bulk. Spam mail usually consists of pornographic material or marketing sales copy. High amounts of spam can put undue pressure on the network and also cause it to crash. To discourage the practice of spamming, the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) was enacted and took effect in 2004. Under the CAN-SPAM law, spam mail is required to be labeled as such and has to also include the sender’s address. Such mail should also be accompanied with opt-out options which enable the receiver to request the spammer to omit their e-mail address from the sender’s spam list. This law also disallows misleading subject lines and deceiving headings in spam mail.
Obscenity Laws: Federal law does not allow any type of material to be placed on the internet which may be deemed obscene under the law. Definitions of obscenity can differ and are based on the standard morals of the viewing audience. If you have any adult content on your website that contains visuals of people who are under 18 years of age, then it constitutes as child pornography, which is a crime under federal laws. So be careful about the content on your website and consult an attorney if you are unsure of its nature regarding obscenity.
Privacy Policy Requirements: If any person is collecting information about the visitors on their site, then they have to have a privacy policy on their site as required by the Federal Trade Commission (FTC). This policy has to give the following information:
- Explaining how the information is gathered.
- How such information is stored or used.
- How the user can alter the information.
- To whom is the information passed on to and why.
Copyright Laws: These laws are there to protect any content, written or visual images that are there on a particular site. Copyright laws prohibit anyone from copying or stealing content for another site without the prior permission from the site owners.Thank you for choosing Lawcore.com!
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