If you've been following legal developments on the Web in the last couple of years, you know that there is significant concern regarding privacy and data security. This concern is driven by consumers' fears over identity theft.
The Life Is Good Case - 5 Data Security Safeguards
Many sites these days are interactive -- they permit site visitors to post to the site.
Forums and blogs would be at the top of most of our lists for types of interactive sites. However, different kinds of sites are also permitting owners to post, such as classified ad sites.
I thought I'd seen and heard it all in my Internet law practice, until a client referred me to an interesting article about a kitty cat named Simba that walked across a keyboard and clicked on an online, click-through agreement (also known as a "click-wrapped" agreement). The article is entitled "The Agreeable Cat", by Ann Loucks, and you can read it at http://www.ohesso.com/essays/essay006.htm.
Recent case law confirms once again: if online agreements are presented properly to end-users, they're legally enforceable.
This continuing trend is good news for websites that contract with registered users though SaaS Agreements, Membership Agreements, Subscription Agreements, Terms of Sale, Content License Agreements, and the like.
If you think that the Children's Online Privacy Protection Act (COPPA) applies only to websites that target children under 13, you're uninformed. Sony found out the hard way, and as a result Sony has agreed to pay a $1 million fine in settlement of a case brought by the Federal Trade Commission (FTC). You can avoid falling into this trap with your general audience site if you follow 3 simple tips.
I talk to clients all the time about not falling into the trap of believing that their privacy policy is really nothing but a lot of fluff, filled with vague, self-serving statements such as "we respect your privacy".
It's actually way more than that; it's viewed as an enforceable contract by the Federal Trade Commission (FTC), and as such it may be construed against you and subject you to substantial liability.
In the last four years or so, cases involving keyword-triggered ads have been hotly litigated. As we begin 2009, it's a good time to look back to see if the law has settled a bit.
The stakes regarding keyword-triggered ads are high-both for trademark owners and their competitors alike, and also for search engines. Companies spend significant sums on Internet advertising -- sums that routinely surpass even optimistic projections.
Online businesses are now highly regulated, and there's substantial liability if you site's not legally compliant. In addition, your customers are becoming more Internet savvy, and a site that's not legally compliant is not going to be trusted.
