Articles by Chip Cooper on ArticleSnatch.com

Website Legal Compliance - Congress Struggles With Protect IP And SOPA Legislation

Thu, 19 Jan 2012 05:49:11 -0500

Website legal compliance is now under serious consideration by lawmakers in Washington. The U.S. Congress is now considering two proposed bills, which if enacted into law, would provide ground-breaking weapons for law enforcement and content owners to enforce intellectual property rights. If you're a content owner that provides content on the Internet, you have an important stake in the current legislative process. The competing bills currently under consideration - The Protect IP Act (Protect IP) and Stop Online Piracy Act (SOPA) - are both aimed at websites that are focused on infringing the intellectual property rights of content owners. What's both creative and controversial about these proposed laws from a website legal compliance perspective is the enforcement mechanism - shutting down the offending websites regardless of whether they're U.S. based or foreign based websites. The typical offenders that are the targets of Protect IP and SOPA are websites that pirate and illegally stream movies, TV shows, and music. However, if you're a content owner with valuable content that may be the target of infringers, these proposed statutes may provide important legal remedies for you to protect your intellectual property. **End Summary** Topics: Website Legal Compliance]]> Chip Cooper]]>]]> About the Author: ]]> Is your website legal? Do you understand what you need to do for website legal compliance ? Protect your website and your business with near-custom Website Legal Documents. One size doesn't fit all. Leading Internet and SaaS Attorney Chip Cooper's "done for you" online legal document service does all the work for you. No special knowledge required - Digicontracts.com.

2012 Resolution - Avoid 7 New Website Legal Compliance Gotchas

Mon, 09 Jan 2012 12:43:24 -0500

Your personal New Year's resolutions are important. You bet. However, if you're a SaaS or Internet marketer, your best-laid plans for 2012 may hit the skids if you fail to avoid new website legal compliance gotcha's that emerged in 2011. So, It's highly recommended that you add to your personal resolutions the requirement to review the checklist of critical developments and related gotcha's in these 2 categories: privacy and Internet marketing. Privacy Privacy developments have led the way in terms of new developments in the last few years, and 2011 was no exception. These are the new key developments and related gotcha's to avoid. * Readability of Privacy Policies. In its Preliminary Staff Report issued in December, 2010, the Federal Trade Commission (FTC) stated its criticism of "long, incomprehensible privacy policies that consumers typically do not read, let alone understand". The FTC stated its policy that "although privacy policies may not be a good tool for communicating with most consumers, they still could play an important role in promoting transparency, accountability, and competition among companies on privacy issues - but only if the policies are clear, concise, and easy-to-read". **End Summary** Topics: website legal compliance]]> website legal documents]]> website legal forms]]> website law]]> SaaS attorney]]> SaaS lwwyer]]> Chip Cooper]]>]]> About the Author: ]]> Is your website legal? Do you understand what you need to do for website legal compliance ? Protect your website and your business with near-custom Website Legal Documents. One size doesn't fit all. Leading Internet and SaaS Attorney Chip Cooper's "done for you" online legal document service does all the work for you. No special knowledge required - Digicontracts.com.

FTC Seeks To Regulate Online Merchants With Proposed Changes To Mail Order Rule

Sat, 17 Dec 2011 01:54:19 -0500

The Federal Trade Commission (FTC) is proposing amendments to the Mail Order Rule that would result in its regulation of all sales made over the Internet regardless of how a buyer might initiate the purchase. If you're an online merchant, the ramifications are significant. The Mail Order Rule The Mail Order Rule (Rule), actually The Mail or Telephone Order Merchandise Rule, was issued in 1975 and later updated in 1993 for purposes of clarifying a merchant's obligations regarding shipment of merchandise. The FTC passed the Rule to force merchants to consider and state the time of shipment, or at least to ship within 30 days. That's why the Rule is often referred to as the "30-Day Rule". Under the current Rule, a merchant must have a reasonable basis to expect that they can ship merchandise within he time frame advertised, or at least within 30 days of the sale. If the merchant is not able to ship within the time frame originally promised, or within 30 days if no time frame is promised, the merchant is required to get the customer's consent to a later ship date or refund the purchase price. **End Summary** Topics: website legal documents]]> website documents]]> website legal forms]]> Chip Cooper]]> SaaS Attorney]]> SaaS Lawyer]]>]]> About the Author: ]]> Protect your website and your business with near-custom Website Legal Documents . One size doesn't fit all. Leading Internet and SaaS Attorney Chip Cooper's "done for you" online legal documents service does all the work for you. No special knowledge required. DigiContracts.com.

Just How Far Does The CDA Go In Protecting Blog Site Operators From Defamatory Posts?

Tue, 08 Nov 2011 05:13:03 -0500

Section 230 of the Communications Decency Act (CDA) shields operators of "interactive computer services" from liability for defamatory posts by visitors. The big question is how far does this protection go; what are its limits? A recent ruling by a divided New York Court of Appeals provides insight into the answer. If you operate a blog site, take heed. Section 230 And Blog Site Liability For Defamatory Posts Defamation is an intentional false communication, made either orally or in writing, published to a third party, which injures another person or company's good name or reputation. Prior to the enactment of the CDA in 1996, courts routinely held online providers liable for defamatory statements posted by their visitors. Liability was based on a theory that viewed the online provider which provided the medium for the defamatory statements to be essentially the same as a publisher or speaker of the defamatory statement. Congress came to the rescue in the form of Section 230 of the CDA which provides: "No provider or user of any interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." 47 USCA Sec. 230(c). **End Summary** Topics: Website Legal Documents]]> Chip Cooper]]> SaaS Attorney]]>]]> About the Author: ]]> Leading SaaS Attorney Chip Cooper has automated the process of drafting Website Legal Documents with his intelligent Essential Website Compliance Generator. Discover how quick, easy, and cost-effective it is to draft your website legal documents at DigiContracts.com.

FTC Ramps Up COPPA Enforcement and Regulations For Sites That Are Directed To Children

Sun, 23 Oct 2011 15:26:47 -0400

The Federal Trade Commission (FTC) recently delivered strong messages to mobile application developers and to operators of websites and other online services directed to children that the FTC is ever vigilant in protecting children from inappropriate collection and use of their personal information, including taking into account new technological changes. These messages were delivered both in the form of an enforcement action and with proposed modifications to The Children's Online Privacy Protection Act (COPPA) which provides parents with control over the collection of personal information from their children under age 13 (U-13s). COPPA In A Nutshell COPPA prohibits the unauthorized collection of personal information from U-13s by operators of websites or online services. Specifically, COPPA requires websites and online services that are either directed to, or knowingly collect data from, U-13's to: * post a Privacy Policy that provides clear notice of information collection practices; and * provide notice to, and verifiable consent from, parents prior to collection of personal information from U-13s. **End Summary** Topics: SaaS Attorney]]> software as a service attorney]]> SaaS lawyer]]> Chip Cooper]]>]]> About the Author: ]]> Leading SaaS Attorney Chip Cooper has automated the process of drafting Website Legal Forms. Use his online drafting service to draft your SaaS Agreement, Website SaaS-Account-Membership Agreement (Click-Wrapped), and your SaaS Reseller Agreement. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

Internet Marketers - Proposed Legislation Wants To Appoint You As Tax Collector

Fri, 26 Aug 2011 17:18:08 -0400

Proposed legislation in the U.S. Congress, if passed, will essentially make online merchants tax collectors, forcing them to collect sales taxes for all purchasers. This is the latest attempt by cash-strapped states to collect sales tax revenues from online sales. The Main Street Fairness Act (MSFA), introduced by Senator Dick Durban (D-IL), would change the current law which requires merchants to collect sales tax only when the merchant has a physical presence in the state. The effect of MSFA on online merchants, particularly small merchants, could be huge. The Current Sales Tax War The general rule regarding sales taxes is that merchants are required to collect sales taxes on the sale of tangible property to purchasers located within the merchant's state. For sales to purchasers outside the merchant's state, the merchant is required to collect sales taxes only for sales into a state where the merchant has a "nexus", meaning a physical presence. The taxes on these sales are supposed to be paid by the purchasers in the form of use taxes, but most use tax obligations are not paid, and as a result states claim that they are losing between $21-34 billion. Currently, Amazon. **End Summary** Topics: website legal documents]]> website legal forms]]> Chip Cooper]]>]]> About the Author: ]]> Leading SaaS attorney Chip Cooper has automated the process of drafting Website Legal Documents with his Website Legal Forms Generator. Use his free online tool -- Website Documents Determinator -- to determine which legal documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

The Website Legal Regulation Tsunami Continues - Are You Above Water?

Tue, 02 Aug 2011 07:23:21 -0400

Surfers know that the waves come in periodic sets which are separated by relative lulls. Beginning in 2009, there's been a tsunami of new and complex legal regulations for websites that also seems to be coming in sets. We're now in a temporary lull, but the next set is on the horizon, and rapidly heading our way. If you're an Internet marketer or operate a SaaS business, now is a good time to quickly review the following checklist of the set just passed, as well as the set that's fast approaching. The objective should be to gain an understanding sufficient to comply with the new laws and regulations… and to stay above water, so to speak. The Set Just Passed These new laws and regulations are having a significant impact on online businesses. * HIPAA HITECH - passed as part of the American Recovery and Reinvestment Act of 2009 (also known as the "Stimulus"), HIPAA HITECH extended the Privacy and Security Provisions of HIPAA to Business Associates of Covered Entities. **End Summary** Topics: website legal documents]]> Chip Cooper]]>]]> About the Author: ]]> Leading SaaS attorney Chip Cooper has automated the process of drafting Website Legal Documents with his Website Legal Forms Generator. Use his free online tool -- Website Documents Determinator -- to determine which legal documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

4 Critical Reasons Why You Should Review Your Privacy Policy Right Now

Sat, 02 Jul 2011 16:49:30 -0400

A periodic review of your privacy policy is always a good idea, given the significant increase in privacy regulations beginning in 2009. However, at least four developments in the last six months provide an impetus for an immediate privacy policy review. Do it now to avoid significant legal exposure. Reason No. 1 - Preliminary FTC Staff Report" Last December, the Federal Trade Commission (FTC) issued its Proposed Framework For Businesses And Policymakers. In it, the FTC stated in no uncertain terms that the current privacy policy model, known as "notice and choice", is not working as intended. These statements taken from the Staff Report make it clear that big changes are ahead: * "Specifically, the notice-and-choice model, as implemented, has led to long, incomprehensible privacy policies that consumers typically do not read, let alone understand." * "In recent years, the limitations of the notice-and-choice model have become increasingly apparent. Privacy policies have become longer, more complex, and, in too many instances, incomprehensible to consumers. " * "Too often, privacy policies appear designed more to limit companies' liability than to inform consumers about how their information will be used. **End Summary** Topics: website legal compliance]]>]]> About the Author: ]]> Leading SaaS attorney Chip Cooper has automated the process of drafting Website Legal Compliance documents with his MyLegalFirewall website legal documents generator. Use his free online tool -- Website Contracts Determinator -- to see which documents your site needs. Discover how you can draft near-custom website legal documents, even if you have no knowledge whatsoever at DigiContracts.com .

FTC's Settlement With Google Provides Game Changing Internet Privacy Regulations

Sun, 22 May 2011 02:06:07 -0400

You've certainly heard about Google's highly promoted BUZZ service which is designed to compete directly with Twitter by offering much of Twitter's basic functionality with a Facebook-like platform including location data integrated into Gmail. What you may not have heard is that the Federal Trade Commission (FTC) recently made BUZZ the poster child for the FTC's effort to show that the old tried and true privacy protection methodology is now not enough. Once again, the FTC has upped the ante for privacy requirements, and all websites are expected to comply with the new game changing regulations, or face the consequences. The FTC's Allegations On March 30, 2011, the FTC announced a proposed consent order regarding Google's BUZZ service. According the FTC, Google had engaged in deceptive practices regarding discrepancies between its privacy policy statements and its actual practices regarding BUZZ. Google's privacy policy stated in part: "When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. **End Summary** Topics: Website Legal Documents]]>]]> About the Author: ]]> Leading SaaS attorney Chip Cooper has automated the process of drafting Website Legal Documents with his Website Legal Forms Generator. Use his free online tool -- Website Documents Determinator -- to determine which legal documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

The Commercial Privacy Bill Of Rights Act Of 2011- What Does It Mean For Ecommerce Websites?

Sat, 21 May 2011 23:26:15 -0400

On April 12, 2011, Senators John Kerry (D-Mass) and John McCain (R-Ariz) announced proposed legislation that could become the first federal privacy and data security law. If passed into law, The Commercial Privacy Bill of Rights will have a huge impact on how personal information is collected, used, and shared by eCommerce websites. And penalties for failure to comply could be high, very high. The Way It Was… And Still Is A little background information is required for perspective. Prior to 2000, the Internet was essentially like the "wild wild west" in terms of privacy and data security. Essentially, there was no regulation. Generally speaking, except in California, privacy issues were not high on the radar screens of government regulators. In 2000, California became the first state to have an agency dedicated to promoting and protecting the privacy rights of consumers. In 2003, California passed the California Privacy Protection Act of 2003 (OPPA), which was the first state law in the nation regulating operators of commercial websites on online services to post a privacy policy. **End Summary** Topics: Website Legal Documents]]> Website Documents]]>]]> About the Author: ]]> Leading SaaS attorney Chip Cooper has automated the process of drafting Website Legal Documents with his Website Legal Forms Generator. Use his free online tool -- Website Documents Determinator -- to determine which legal documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

The FTC Begins Crackdown On Behavioral Ads - Is Your Site In The Cross Hairs?

Tue, 10 May 2011 10:29:17 -0400

On March 14, 2011, the Federal Trade Commission (FTC) announced its first behavioral advertising settlement. If your website collects behavioral data or serves behavioral ads - either directly or indirectly through the use of behavioral ad vendors - you need to understand and comply with the FTC's notice and choice principles, or suffer the consequences. What Is Behavioral Advertising? Behavioral ads are based on anonymous data collected on how a user's computer browses the Internet, including websites visited, searches made, and content read. This data is used to create a behavioral profile that is linked to a specific demographic. The ads seen by the computer's user are tailored to the user's interests resulting in significantly increased relevancy and sales. Contextual ads, in contrast to behavioral ads, are based solely on the content of the specific website page the user is viewing. Because contextual ads are generally not as relevant to the user's interests as behavioral ads, contextual ads are less effective, and therefore less profitable. Although behavioral data is essentially anonymous when collected, the FTC and privacy advocates are concerned that the amount and depth of some data could lead to personal identification of users. **End Summary** Topics: Website Legal Forms]]> Website Legal Forms Generator]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet and software attorney Chip Cooper has automated the process of drafting Website Legal Forms with his Website Legal Forms Generator . Use his free online tool -- Website Documents Determinator -- to determine which legal documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

How The Current Sales Tax War Involving Amazon May Affect All Ecommerce Websites

Fri, 01 Apr 2011 11:02:26 -0400

Amazon.com and big box retailers such as Wal-Mart and Target are locked in an all-out war over the collection of sales taxes. And cash-strapped states are also backing changes in sales tax laws in more than a dozen states. While small ecommerce websites are relegated to observe the struggle from the sidelines, the impact of these changes on them could be huge. Background - Sales Taxes v. Use Taxes For starters, regarding sales taxes, the general rule is that a state may tax goods sold within its borders to the extent permitted under the U.S. Constitution. Sales taxes are collected by sellers on the sale of tangible property within the seller's state. So, for example, a consumer in California who buys a widget from a local retailer pays a sales tax that is collected by the retailer. Use taxes compliment a state's sales tax and are imposed so that a consumer would theoretically have nothing to gain by shopping out-of-state. **End Summary** Topics: SaaS Lawyer]]> SaaS Attorney]]> Chip Cooper]]>]]> About the Author: ]]> Leading SaaS lawyer Chip Cooper has automated the process of drafting website legal forms. Use his free online tool -- Website Contracts Determinator -- to determine which documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com. http://digicontracts.com/SaaSLegalServicesAttorney.aspx

SaaS Webmasters - What To Do When Law Enforcement Demands Archived Email?

Sat, 19 Mar 2011 07:38:14 -0400

If you're a SaaS webmaster, it's not a question of if, but when, a law enforcement official wants a copy of one of your user's email archived on your SaaS website. You're caught between the proverbial rock and a hard place. Critical questions arise: What are your legal obligations, and what are your rights? How do you protect yourself from liability? Background Email archived electronically on websites is typically viewed as a potential treasure trove by law enforcement officials looking for evidence. The pace of requests by law enforcement officials for personal information stored on web servers is best illustrated by the actual experience of Google and Facebook. Google established an online tool showing the frequency of these requests by various countries. It's been reported that for the first half of 2010, Google had received in excess of 4,000 requests from the United States alone. Newsweek reported that Facebook in 2009 had customer information requests averaging at least 10 per day. The Electronic Communications Privacy Act In 1986, Congress passed the Electronic Communications Privacy Act (ECPA) to provide privacy rights for electronic transmissions by telephones, computers, cell phones, and other means of electronic communications. **End Summary** Topics: SaaS Attorney]]> SaaS Lawyer]]> Chip Cooper]]> SaaS Agreement]]> SaaS Reseller Agreement]]>]]> About the Author: ]]> Leading SaaS Attorney Chip Cooper has automated the process of drafting Website Legal Forms. Use his online drafting service to draft your SaaS Agreement, Website SaaS-Account-Membership Agreement (Click-Wrapped), and your SaaS Reseller Agreement. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

What Every SaaS Website Should Know About Net Neutrality

Mon, 07 Mar 2011 04:23:45 -0500

If you operate a SaaS website that provides streaming content, or if you're a consumer who is concerned about price levels and availability of streamed content, then you should be tuned in to the debate over net neutrality. The outcome may substantially affect your business and your pocket book. Are you a little confused about what net neutrality is all about? Welcome to the club. Issues in the net neutrality debate are complex and somewhat obscure. The best way to begin an understanding of the net neutrality debate is to focus on two fundamental drivers of the debate. First, The Background Content is king on the Web. For example, one only has to look to the explosion of mobile device apps. Recent predictions project revenues for mobile device app sales to surpass revenues for mobile phone calls in the next two or three years. Mobile apps stream data and content. And consider the data and content streamed by Google and YouTube to your computer. Issues regarding access to, and delivery of, all this content and data give rise to the commercial issues in net neutrality Driver No. 1. Driver No. **End Summary** Topics: SaaS Attorney]]> SaaS Lawyer]]> SaaS Agreement]]> SaaS Reseller Agreement]]> Chip Cooper]]>]]> About the Author: ]]> Leading SaaS Attorney Chip Cooper has automated the process of drafting Website Legal Forms. Use his online drafting service to draft your SaaS Agreement, Website SaaS-Account-Membership Agreement (Click-Wrapped), and your SaaS Reseller Agreement. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

Does Your SaaS Agreement Violate The New Restore Online Shopper's Confidence Act?

Thu, 24 Feb 2011 08:41:20 -0500

On December 29, 2010, President Obama signed the Restore Online Shopper's Confidence Act (ROSCA) that regulates credit and debit card data pass transactions, online post-transaction third party sales, and negative option billing plans. If your site markets to consumers under a SaaS agreement (software as a service), you should review your agreement and marketing practices immediately or risk legal action for unfair business practices by the Federal Trade Commission (FTC) or state Attorneys General. There's been some hysteria among certain Internet marketers claiming that ROSCA prohibits upsells, cross sells, and recurring billing plans common with membership sites and sites that sell subscription services. That's just not true. ROSCA merely restricts how these common marketing practices are done in order to crack down on consumer fraud. The catch is that there are regulations that need to be followed, and the sites that have always used best practices could be held liable if they don't comply. Data Pass Transactions This is where ROSCA affects online upsells and cross sells to consumers. **End Summary** Topics: SaaS Agreement]]> SaaS Reseller Agreement]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting Website Legal Forms. Use his online drafting service to draft your SaaS Agreement - Website SaaS-Account-Membership Agreement (Click-Wrapped) - and ROSCA compliance documents. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

2011 Resolution - Review Your Website Privacy Policy Before It's Too Late

Tue, 08 Feb 2011 15:33:33 -0500

Typical New Year's resolutions include improving physical fitness… or taming the bulge. These are all worthwhile. However, if you operate a SaaS or ecommerce website, you'd better move a review of your privacy policy to the top of your list. Recent legal developments regarding privacy and data security have added new requirements, and the failure to comply could result in substantial liability. 2 Cardinal Rules Regarding Privacy and Data Security As you begin your review, it's important not to overlook the forest for the sake of the trees, so to speak. There are two cardinal rules to always keep in mind. Rule No. 1: The fundamental purpose of a privacy policy is to disclose clearly the categories of information you collect, how you use the information, and with whom you share the information (or provide the means to access it). Rule No. 2: The Federal Trade Commission (FTC) views a privacy policy almost like a contract with your website's visitors. If you promise certain activities or practices in your privacy policy, but fail to deliver on a promise, the FTC says you're liable for damages. Read through your current privacy policy with the cardinal rules in mind. **End Summary** Topics: Website Legal Forms Generator]]> Website Legal Forms]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated drafting your website legal forms with his Website Legal Forms Generator . Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

FTC's "Do Not Track" Initiative Portends Major Impact on Online Advertising

Thu, 30 Dec 2010 09:04:12 -0500

The Federal Trade Commission's (FTC) publication earlier this month of a proposed framework for protecting online privacy portends a major impact on online advertising. If your website's business model depends on advertising revenue, either directly from the site itself or via a smart, mobile device, you have a big stake in the outcome of the dialogue kicked off by the FTC report. The FTC report suggests implementation of a Do Not Track mechanism - similar conceptually to the current Do Not Call list regarding annoying telemarketing calls - that would enable consumers to block the collection of online browsing data. Do Not Track, if implemented, will dramatically change the rules of the road regarding Internet advertising - with a potentially huge impact on relatively smaller websites that publish free content supported by behavioral ads. The Target - Behavioral Advertising Behavioral ads are targeted to a user's browsing history, thereby increasing relevancy - and dramatically increasing conversions to sales. Behavioral ads are based on anonymous data collected on how a user's computer browses the Internet, including websites visited, searches made, and content read. This data is used to create a behavioral profile that is linked to a specific demographic. **End Summary** Topics: Website Legal Forms Generator]]> Website Legal Forms]]> Website Legal Compliance]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet and software attorney Chip Cooper has automated the process of drafting Website Legal Forms with his Website Legal Forms Generator . Use his free online tool -- Website Documents Determinator -- to determine which legal documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

Website Legal Compliance for Blog Sites Now More Risky Than Ever

Tue, 14 Dec 2010 14:07:59 -0500

Copyright 2010 Chip Cooper Unfulfilled promises by blog site personnel to remove objectionable materials from blogs continue to create headaches - and increased legal exposure - for blog site operators. A recent case involving craigslist.org teaches a critical lesson for blog site operators: be very careful what you and your personnel promise; be very, very careful. Section 230 of the Communications Decency Act If you're a blog site operator, you should have a clear understanding of the protections - and pitfalls - provided by Section 230 of the Communications Decency Act of 1996 (Section 230). Prior to the enactment of Section 230, a blog site could be held liable for defamatory posts by its visitors, even if the blog site operator had no knowledge of it. Think about it - posters to your blog often have an axe to grind; many believe that they can post almost any derogatory comment on the Web. Section 230 was passed by the U.S. Congress to provide relief for websites that allow visitors to post comments. Section 230 was a significant breakthrough for websites that qualify as "interactive computer services". **End Summary** Topics: Website Legal Compliance]]> Internet Legal Compliance]]> Chip Cooper]]> Websigte Legal Forms]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting your own website legal forms for website legal compliance to help keep you out of court. Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

3 CAN-SPAM Gotcha's That Every Email Marketer Should Avoid

Tue, 30 Nov 2010 23:07:03 -0500

Experienced email marketers often operate under the misconception that the CAN-SPAM Act doesn't apply to most routine business communications. With CAN-SPAM Act fines of up to $16,000 per violation, this misconception could add up to a big number. That's why email marketers should avoid 3 gotcha's that are CAN-SPAM traps for the unwary. The CAN-SPAM Act The CAN-SPAM Act of 2003 (CAN-SPAM) promised to provide remedies against annoying and unsolicited bulk email known as "spam". Typical of legislation that starts out with limited objectives, CAN SPAM reaches much further than regulating unsolicited, bulk email - and that's where the gotcha's come into play. Before we get to the gotcha's, let's review CAN-SPAM's 5 basic rules as supplemented by amendments enacted in 2008: * header information (identifiers such as To, From, IP Address): must not be materially false or materially misleading; * subject line: must not mislead the recipient about a material fact regarding the email's contents or subject matter; * return email address: must contain a functioning email address that the recipient can use to request no further messages; **End Summary** Topics: Website Legal Forms]]> Digicontracts.com Website Legal Forms]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet attorney Chip Cooper has automated the process of drafting DigiContracts.com Website Legal Forms for website legal compliance. Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com .

Critical Lessons for Your FTC Website Forms From FTC Settlement With Reverb Communications

Sun, 07 Nov 2010 18:20:28 -0500

Copyright 2010 Chip Cooper The Federal Trade Commission's recent settlement with Reverb Communications is the FTC's first case targeting deceptive advertising on the Internet since the FTC Guides were announced late in 2009. If you use online endorsements or testimonials from others, you should review your internal marketing policies and your FTC website forms to avoid substantial liability for deceptive advertising. The Reverb Communications Case Reverb Communications is a public relations firm representing major clients in the video game industry, including clients such as MTV Games and Harmonix, as well as smaller firms that sell mobile game apps via the iTunes store. According to the FTC, Reverb's fee often includes a percentage of the sale of its clients' gaming apps. The iTunes store provides users the ability to post reviews of gaming applications that are available for purchase. These reviews include a rating system (based on a possible rating of one to fire stars) and written text. According to the FTC, during a period of approximately one year Reverb employees posted reviews in the iTunes store favorable to games of Reverb's clients. The reviews were posted in a manner that would convey the impression that disinterested consumers had posted them. **End Summary** Topics: FTC Website Forms]]> FTC Legal Forms]]> Chip Cooper]]> Website Legal Forms]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting DigiContracts.com FTC Website Forms for website legal compliance. Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

Flash Cookies Trigger Privacy Suits Against Online Marketers

Sat, 30 Oct 2010 16:07:24 -0400

Copyright 2010 Chip Cooper The use of Flash cookies capable of re-installing browser tracking cookies - that users have previously deleted - has triggered the filing of multiple privacy lawsuits against some of the Web's largest media companies. At issue is a user's fundamental right to control how their tracking information is harvested and shared. Issues raised in these lawsuits take behavioral advertising privacy concerns to a whole new level, particularly for sites that participate in ad networks that use Flash cookies. And if your site participates in an ad network that uses Flash cookies, you'd better have full disclosure in your Privacy Policy, or face the consequences. The Lawsuits Each of the lawsuits seeks class action status. The defendants include three leaders in the field of behavioral advertising - Clearspring Technologies, Inc., Quantcast Corporation, and Specific Media, Inc. Behavioral advertising has used traditional "cookies" to track a user's surfing behavior on the Internet. The cookies track clickstream data including sites visited and the related times on these sites, search engine queries, and content read and downloaded. **End Summary** Topics: Website Legal Forms]]> SaaS Agreement]]> FTC Website Forms]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting DigiContracts.com Website Legal Forms for website legal compliance. Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

2 Critical Requirements for Enforceable Online Recurring Billing Agreements

Wed, 27 Oct 2010 10:57:26 -0400

Copyright 2010 Chip Cooper Membership programs that incorporate a recurring billing model - where customers' credit cards are charged periodically - have been under intense scrutiny by Congress and various courts. In a recent opinion affirming the enforceability of an of an online contract for recurring billing, the 5th Circuit Court of Appeals analyzed the facts and applicable law for two critical requirements for enforceability. The Vistaprint Case The plaintiffs alleged that they ordered business cards from the vistaprint.com website. The cards were paid for by credit or debit card. Plaintiffs' key allegations were that, during the process of completing their purchases online, they were tricked into enrolling in membership programs that posted unauthorized charges to their credit or debit cards for monthly fees associated with the membership programs. The Defendants disagreed, arguing that its sign-up process was not deceptive. The 5th Circuit Court ruled in favor of the Defendants, thereby endorsing Vistaprint's sign-up process for online memberships that incorporate recurring billing. **End Summary** Topics: Website Legal Documents]]> Website Documents]]> Chip Cooper]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting website legal documents . Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal documents at DigiContracts.com.

Negotiating Your Corporate SaaS Agreement - Do You Flunk the Test?

Sat, 09 Oct 2010 19:16:29 -0400

Copyright ©2010 Chip Cooper You're offering a SaaS (Software as a Service) solution to the corporate market. You've developed your standard form SaaS agreement (sometimes referred to as a "hosted software services agreement"). And you've presented your agreement to your corporate prospect's representative. Are you prepared for the issues you're most likely to be confronted with by a SaaS-savvy corporate user - or do you flunk the test? Two Approaches to SaaS Contracting There are two basic approaches to SaaS agreements with end-user customers: * the click-wrapped agreement approach - a "take it or leave it" online agreement that's presented electronically during your site's registration process with an "I Agree" button, and * the traditional paper-based, signed agreement approach - an agreement that's presented with the expectation that it will be negotiated and eventually (you hope) accepted and signed by the user. Since the click-wrapped approach is not subject to negotiation, that's not the subject of this article. What we're concerned with here, is whether you're prepared to negotiate the cutting edge issues of a traditional paper-based, signed agreement with a corporate user - and a SaaS-savvy one at that. **End Summary** Topics: SaaS Agreement]]> SaaS Agreement Form]]> Software as a Service Agreement]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated drafting your SaaS Agreement with his DigiContracts.com SaaS Agreement Form Generator. Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

Harvesting Tweets for Research and Profit - Is it Legal?

Mon, 20 Sep 2010 20:45:14 -0400

Copyright © 2010 Chip Cooper Harvesting tweets is on the rise. Researchers and marketers alike are now capturing and downloading Tweets from Twitter's database. Privacy activists argue privacy concerns. Researchers, marketers, and Twitter users all want to know - is Twitter harvesting legal? How and Why Every day, users of the Twitter social media publishing platform send out millions of Tweets -- short electronic messages of 140 characters or less -- to their readers and followers. Most Twitter users are not aware that it's relatively easy for anyone with a skilled programmer to harvest and download their Tweets. All a programmer has to do is to gain access to Twitter's Application Programming Interface (API), and then to write code that requests data from Twitter's servers through the API. The code contains search criteria, usually in the form of key words and phrases of interest. One prime example of why Tweets are harvested is the harvesting of Tweets by news organizations Tweets during the riots that followed the Iranian presidential election of 2009. **End Summary** Topics: Tweet harvesting]]> website legal forms]]> website legal compliance]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting website legal forms with his Digicontracts.com Website Legal Forms Generator . Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.

Do Trademarks Always Trump Domain Names? Not always.

Sun, 29 Aug 2010 10:51:06 -0400

Copyright © 2010 Chip Cooper Online start-ups are faced with the daunting task of selecting a domain name that will withstand legal challenges. There's a general belief among online start-ups that a trademark owner will always trump a domain name registrant with the same or confusingly similar domain name. That's not always the result... as two recent 2010 UDRP decisions point out. The UDRP What is the UDRP, and why is it important? The UDRP acronym stands for the Uniform Domain Name Dispute Resolution Policy. The UDRP is a set of procedures and rules that are supposed to help determine who should prevail in a dispute over domain name ownership. The UDRP is important because it provides a faster and cheaper way to resolve a domain name dispute than a full-blown lawsuit in a court of law. Instead of litigation, it's an administrative proceeding where the contestants present written arguments to a panelist-arbitrator who issues a binding decision. In-person hearings (including hearings by teleconference, videoconference, and web conference) are permitted only in exceptional cases, and are therefore rare. The UDRP has not been without its critics. **End Summary** Topics: Website Legal Forms]]> SaaS Agreement]]> FTC Website Forms]]>]]> About the Author: ]]> Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting Website Legal Forms for website legal compliance. Use his free online tool -- Website Documents Determinator -- to determine which documents your website really needs for website legal compliance. Discover how quick, easy, and cost-effective it is to draft your website legal forms at DigiContracts.com.