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© 2006 Prentice Hall Ch Cyberlaw and Business How is the law changing to meet the demands of new business and social issues generated by the use of computer technology?
Citation preview
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THETHE LEGALLEGAL ENVIRONMENTENVIRONMENT OFOF BUSINESSBUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-11
A Critical Thinking ApproachA Critical Thinking ApproachFourth Edition
Nancy K. KubasekNancy K. KubasekBartley A. BrennanBartley A. BrennanM. Neil BrowneM. Neil Browne
©2006 Prentice Hall©2006 Prentice HallCh. 6-Ch. 6-22
CHAPTER 6CHAPTER 6
Cyberlaw and BusinessCyberlaw and Business
THE LEGAL ENVIRONMENT OF BUSINESS
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-33
Cyberlaw and BusinessCyberlaw and Business
How is the law changing to How is the law changing to meet the demands of new meet the demands of new business and social issues business and social issues generated by the use of generated by the use of computer technology?computer technology?
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-44
Some Unresolved IssuesSome Unresolved Issues
Free speech vs. intellectual property rightsFree speech vs. intellectual property rights
Computer security vs. system efficiencyComputer security vs. system efficiency
Are jurisdictional boundaries obsolete?Are jurisdictional boundaries obsolete?
Will cyberspace facilitate free trade?Will cyberspace facilitate free trade?
How should the legal system respond?How should the legal system respond?
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-55
JurisdictionJurisdictionMere presence of Web site not sufficientMere presence of Web site not sufficientThe “Sliding Scale” of The “Sliding Scale” of Zippo:Zippo:
Sales of goods take place via Web siteSales of goods take place via Web siteInformation is exchanged via Web siteInformation is exchanged via Web siteInformation is provided, passively, via Web siteInformation is provided, passively, via Web site
More InteractivityMore Interactivity jurisdiction more likelyjurisdiction more likely
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-66
ACLU v. CDAACLU v. CDA
The Court applied the “Strict Scrutiny” standardThe Court applied the “Strict Scrutiny” standard
““Dial-a-porn” case used as precedentDial-a-porn” case used as precedent
Statute not “narrowly tailored” to accomplish Statute not “narrowly tailored” to accomplish legitimate purposeslegitimate purposes
U.S. Supreme Court finds the Communications Decency Act unconstitutional
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-77
Playboy ChannelPlayboy ChannelThe Right to Choose UpheldThe Right to Choose Upheld
Blocking/scrambling technology requiredBlocking/scrambling technology required
Restrictive hours imposedRestrictive hours imposed
The U.S. Supreme Court finds the Telecommunications Act of 1996 overbroad
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-88
State RegulationsState Regulations
States’ attempts to States’ attempts to regulate sales and regulate sales and practices conducted practices conducted via Internet are via Internet are increasingly increasingly challengedchallenged
Orders placed and Orders placed and shipped across state, shipped across state, even national borderseven national borders
State interest in State interest in regulation of selected regulation of selected
products (alcohol, products (alcohol, medicines) becoming medicines) becoming
irrelevant, irrelevant, impossible?impossible?
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-99
Intellectual Property IssuesIntellectual Property Issues
PatentsPatents
Trademarks and KeywordingTrademarks and Keywording
Copyrights and Web SitesCopyrights and Web Sites
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1010
PatentsPatents
Product, process, invention, Product, process, invention, machine, or plantmachine, or plant
20-year duration20-year duration
Protected via infringement actionsProtected via infringement actions
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1111
TrademarksTrademarks
Usual Ruling:Usual Ruling: Courts find a way to rule in favor of Courts find a way to rule in favor of trademark holdertrademark holderBasis:Basis: there is bad faith in these cases there is bad faith in these casesNew Law:New Law: Anticybersquatting Consumer Protection Act Anticybersquatting Consumer Protection Act 19991999
Cybersquatting:Cybersquatting: The squatter registers the domain The squatter registers the domain name before the trademark owner can—then attempts name before the trademark owner can—then attempts to sell the domain name to the owner of the trademarkto sell the domain name to the owner of the trademark
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1212
TrademarksTrademarks
Not created in bad faithNot created in bad faith
Not illegal, but future legislation expectedNot illegal, but future legislation expected
Warehousing:Warehousing: compilation of prospective compilation of prospective business domain names for salebusiness domain names for sale
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1313
CopyrightsCopyrights
Creates rights in expression of creative Creates rights in expression of creative ideasideas
Books, music, film, plays, computer Books, music, film, plays, computer programsprograms
Copyrights and Web SitesCopyrights and Web Sites
Sharing DataSharing Data
Contributory Copyright InfringementContributory Copyright Infringement
Linking and FramingLinking and Framing
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1414
Copyright IssuesCopyright IssuesSharing SoftwareSharing Software
The The NapsterNapster Case Case
Contributory Copyright InfringementContributory Copyright Infringement
Enterprise liabilityEnterprise liability
Intellectual Reserve v. Utah LighthouseIntellectual Reserve v. Utah Lighthouse
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1515
Infringement ExamplesInfringement Examples
Linking and Deep LinkingLinking and Deep Linking FramingFraming Sticky Web sitesSticky Web sites
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1616
Unfair competitionUnfair competitionFalse advertisingFalse advertisingFalse representationFalse representationFalse designation of originFalse designation of originTrademark dilution and Trademark dilution and infringement infringement
Other Causes of ActionOther Causes of Action
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1717
E-Commerce IssuesE-Commerce Issues
PrivacyPrivacy
MarketingMarketing
CybersignaturesCybersignatures
HarassmentHarassment
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1818
PrivacyPrivacy
Fear of misuse of personal information Fear of misuse of personal information
Fear of surveillanceFear of surveillance
Responses:Responses:
Public SectorPublic Sector
Private SectorPrivate Sector
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-1919
Federal StatutesFederal Statutes
Privacy Act of 1974Privacy Act of 1974 Electronic Communications Privacy Act of Electronic Communications Privacy Act of
19861986 Children’s Online Privacy Protection Act of Children’s Online Privacy Protection Act of
19881988 Financial Services Modernization Act of Financial Services Modernization Act of
19991999
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-2020
State LawState LawCommon law rights to privacyCommon law rights to privacy
Tort LawTort Law
Contract LawContract Law
Unfair trade practices and fraud theoriesUnfair trade practices and fraud theories
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-2121
Online Marketing IssuesOnline Marketing Issues
Concerns:Concerns:
Deception and fraudDeception and fraud
Criminal activityCriminal activity
Direct-to-consumer sales—bypassing Direct-to-consumer sales—bypassing regulations intended to protect consumersregulations intended to protect consumers
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-2222
CybersignaturesCybersignatures
Electronic Signatures in Global and Electronic Signatures in Global and National Commerce Act 2000 (E-SIGN)National Commerce Act 2000 (E-SIGN)
Allows creation of valid and Allows creation of valid and enforceable contracts onlineenforceable contracts online
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-2323
Employment Law IssuesEmployment Law Issues
Privacy rights of employeesPrivacy rights of employeesOnline harassmentOnline harassmentVicarious liability of employer for defamationVicarious liability of employer for defamationDefinition of “workplace”Definition of “workplace”ISP liability for content of messagesISP liability for content of messages
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-2424
The War Against CybercrimeThe War Against CybercrimeHacking: Denial Hacking: Denial
of Service of Service AttacksAttacks
Insider Insider TradingTrading
Internet Internet GamblingGambling
SpamSpam Identity Identity TheftTheft
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THE LEGAL ENVIRONMENT OF BUSINESS
© 2006 Prentice Hall© 2006 Prentice Hall Ch. 6-Ch. 6-2525
SummarySummary
Technology is leading the law to new areasTechnology is leading the law to new areasIntellectual property law is evolvingIntellectual property law is evolvingE-commerce issues are emergingE-commerce issues are emergingGovernment is combating cybercrimeGovernment is combating cybercrime