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| 1 | Internet and E-mail Risk Toolkit Resources to help identify, manage and mitigate the legal and business risks associated with the operation and use of websites, e-mail, and other online media technology and applications. | Practice Note: Overview | Maintained |
| 2 | Social Media Usage Toolkit Resources to assist in identifying the legal risks and potential rewards presented by company, employee and third party use of social media. | Practice Note: Overview | Maintained |
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| 1 | E-Commerce Payment Mechanisms A discussion of different schemes or mechanisms in the US for making payments online and the related legal issues that may be encountered by customers, traders and financial institutions engaged in online payments. | Practice Notes | Maintained |
| 2 | Online Advertising and Marketing An overview of online advertising regulation in the US, focusing on the key legal issues to consider when planning an online advertising campaign. This Note is currently being updated to reflect the release of the FTC's revised online advertising disclosure guidelines and other recent developments in online advertising and marketing law. | Practice Notes | Maintained |
| 3 | Website Hacking, Viruses and Attacks A review of the legal issues raised in the US by various forms of "attack" that may be made against websites or internet users generally, focusing on hacking, viruses and unsolicited e-mails (or spamming). | Practice Notes | Maintained |
| 4 | Setting up and operating a website: Contractual issues This note considers, from the perspective of a prospective or existing website owner, the key legal and commercial issues that arise in relation to the specific contracts which need to be put in place when setting up and operating a website. | Practice Notes | 17-May-2012 |
| 5 | How the internet works An introductory note explaining what the internet is and how businesses can access and use it, with links to other practice notes for detailed discussion of the issues highlighted. | Practice Notes | 08-Dec-2009 |
| 6 | Access to the internet A discussion of the different technologies that can be used to gain access to the internet, the main services that users are likely to require from internet service providers (ISPs), and the key issues which users should consider when contracting with ISPs for access to the internet. | Practice Notes | 30-Nov-2009 |
| 7 | Domain names This note discusses the nature of domain names (electronic addresses for websites), the registration, transfer and resolution of disputes in relation to domain names, and the relationship between domain names and trade marks. These issues are considered in relation to generic top-level domains (gTLDs), and in relation to country-code top-level domains (ccTLDs). Note: This note does not reflect ICANN's generic top-level domain (gTLD) expansion program. For more information, see Article, Generic Top-level Domain (gTLD) Expansion | Practice Notes | 31-Jul-2009 |
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| 1 | IT Resources and Communications Systems Policy An employee policy regarding proper use of employer IT resources and electronic communications systems, and related rules and prohibitions. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips, provided by PLC Labor & Employment and PLC Intellectual Property & Technology. | Standard Documents | Maintained |
| 2 | Mobile Application Privacy Policy A model mobile application (app) privacy policy for use by an online business for the collection, storage, use and disclosure of personal information, including for the purpose of selling goods or services to users of the business's mobile application, or for contacting users with direct marketing information. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 3 | Website Copyright/DMCA Policy A model policy for websites that allow users to upload, store or link to third-party materials, including user-generated content. It serves to designate an agent to receive copyright infringement claims under the Digital Millennium Copyright Act (DMCA) and set out related notice and takedown procedures. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 4 | Website Privacy Policy A model website privacy policy for use by an online business in connection with the collection, storage, use and disclosure of personal information, including for the purpose of selling goods or services to users of the site, or for contacting users with direct marketing information. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 5 | Website Terms of Use Terms and conditions for access to and use of a website, drafted from the website owner's perspective. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 6 | Website content licence (pro-customer) An agreement for the licensing of content by a content owner for use on a website, drafted from the customer's perspective. | Standard Documents | 19-Apr-2013 |
| 7 | Website content licence (pro-licensor) An agreement for the licensing of content by a content owner for use on a website, drafted from the content owner's perspective. | Standard Documents | 19-Apr-2013 |
| 8 | Website design and development agreement (pro-customer) An agreement for the provision of website design and related services (including optional provisions for where the supplier of such services also provides hosting services), drafted from the perspective of the recipient of such services. | Standard Documents | 19-Apr-2013 |
| 9 | Website design and development agreement (pro-supplier) Agreement for the provision of website design and development and related services (including optional provisions for where the supplier of such services also provides hosting services), drafted from the perspective of the supplier of such services. | Standard Documents | 19-Apr-2013 |
| 10 | Website hosting agreement (pro-customer) An agreement for the provision of website hosting and related services, drafted from the perspective of the recipient of such services. | Standard Documents | 19-Apr-2013 |
| 11 | Website hosting agreement (pro-supplier) An agreement for the provision of website hosting and related services, drafted from the perspective of the supplier of such services. | Standard Documents | 19-Apr-2013 |
| 12 | Website linking licence A licence permitting the creation of a hypertext link to a website, drafted from the website owner's perspective. | Standard Documents | 19-Apr-2013 |
| 13 | Website linking permission (short form) A short form permission allowing the creation of a hypertext link to a website, drafted from the website owner's perspective. | Standard Documents | 19-Apr-2013 |
| 14 | Website terms and conditions Terms and conditions regarding access to and use of a website, drafted from the website owner's perspective. | Standard Documents | 06-Nov-2006 |
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| 1 | Controlling Online Risks and Liability Checklist This Checklist discusses the main issues companies should explore to minimize the liability for content on their websites. | Checklists | Maintained |
| 2 | Launching a Retail E-Commerce Website for the Sale of ... This Checklist presents issues to consider when launching an e-commerce website that sells retail merchandise. | Checklists | Maintained |
| 3 | Legislation Governing Liability for Website Content Checklist This Checklist covers the US legislation and regulations under which a website operator may incur liability in various aspects of its business. | Checklists | Maintained |
| 4 | Online Advertising and Marketing Campaign Checklist A Checklist of issues, regulations and best practices for an online advertising campaign. | Checklists | Maintained |
| 5 | Linking and other special issues: checklist A checklist of the main points to be considered by online businesses in relation to links to or from their websites, framing or spidering of or by their sites, caching and the use of metatags on their sites or by third parties on their sites. | Checklists | 21-Nov-2011 |
| 6 | Preventing attacks on websites: checklist A checklist of the main points to be considered in order to reduce the risk of attacks against websites or the IT systems of internet service providers or users. | Checklists | 21-Nov-2011 |
| 7 | Protecting IP rights in website content: checklist A checklist of the main points to be considered by website owners in order to protect intellectual property rights in website content. | Checklists | 21-Nov-2011 |
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| 1 | Second-hand software: the market opens up A recent European Court of Justice ruling has opened the way for the sale of "second-hand software" across Europe. Restrictions on the transferability of software originally licensed in a way that is regarded as a sale cannot now prevent a buyer acquiring the right to use the software. The decision has a number of implications for software licensors in particular, and creates opportunities for licensees. | Articles | 26-Jul-2012 |
| 2 | L'Oréal v eBay: good news for brand owners In a decision that will come as a relief for brand owners, the European Court of Justice has found that eBay can be held to account for infringing activity taking place on its online marketplace, after L'Oréal brought proceedings against eBay and a number of its users for trade mark infringement for the sale of infringing and counterfeit products on eBay's online auction site (L'Oréal v eBay, C-324/09). | Articles | 28-Jul-2011 |
| 3 | Piracy and illegal file-sharing: UK and US legal and ... This article examines the piracy problems that have occurred in the online music, film, television, video-games and e-publishing industries, and the key legal, commercial and educational solutions that rights-holders in the UK and US have used to tackle these. | Articles | 14-Jul-2010 |
| 4 | Personal Jurisdiction and the Internet An Article discussing the factors that US courts consider in determining whether a foreign company's website may subject it to personal jurisdiction in the US. | Articles | 06-Jul-2010 |
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| 1 | New York Court of Appeals Upholds "Amazon" Tax on Online ... The New York State Court of Appeals recently issued an opinion upholding a New York state click-through nexus sales tax law, known as an Amazon law. | Legal Update: archive | 19-Apr-2013 |
| 2 | EU Data Protection Regulators Issue Opinion on Mobile Apps European data protection regulators recently released a non-binding opinion addressing the collection and processing of personal data via mobile apps. The interpretation of this opinion by EU data protection authorities may affect US mobile app providers with EU customers. | Legal Update: archive | 26-Mar-2013 |
| 3 | FinCEN Issues Guidance on Virtual Currencies The Financial Crimes Enforcement Network (FinCEN) issued guidance on the applicability of Bank Secrecy Act requirements to persons involved with virtual currencies. | Legal Update: archive | 25-Mar-2013 |
| 4 | FTC Approves Final Order on Illegal Online History Sniffing ... The FTC has approved a final order settling charges that Epic Marketplace, Inc. used "history sniffing" to secretly and illegally determine whether millions of consumers had visited various websites, including web pages relating to sensitive medical and financial issues. | Legal Update: archive | 20-Mar-2013 |
| 5 | Massachusetts: Recording Customer ZIP Codes Violates ... The Massachusetts Supreme Judicial Court recently held that the practice of recording customers' ZIP codes when processing credit card transactions violates a Massachusetts consumer protection law. | Legal Update: archive | 19-Mar-2013 |
| 6 | FTC Releases Revised Online Advertising Disclosures The FTC recently released a revised version of its online advertising disclosure guidelines. The new guidelines reflect the expanding use of smartphones and social media in marketing and advertising. | Legal Update: archive | 15-Mar-2013 |
| 7 | FTC Issues Staff Report on Mobile Payments Including ... The FTC issued a staff report which highlights key issues consumers and companies face as they adopt mobile payment services. | Legal Update: archive | 08-Mar-2013 |
| 8 | California Supreme Court: Song-Beverly Act Does Not Apply ... A recent opinion of the Supreme Court of California held that the Song-Beverly Credit Card Act (Song-Beverly Act) does not apply to online transactions in which a product is downloaded electronically. The decision helps to clarify when personal identification information can be collected under the Song-Beverly Act. | Legal Update: archive | 07-Feb-2013 |
| 9 | FTC Issues Mobile Privacy and Security Publications The Federal Trade Commission has issued a staff report that recommends ways for participants in the mobile marketplace to improve mobile privacy disclosures. It also issued a business guide providing app developers with recommendations for approaching mobile app security. | Legal Update: archive | 01-Feb-2013 |
| 10 | European Commission publishes code of online rights The European Commission has published a code of online rights, collating rights that are to be accorded to citizens of the EU in the course of their use of electronic services and networks. | Legal Update: archive | 27-Dec-2012 |
| 11 | FTC Amends Children's Online Privacy Protection Rule The Federal Trade Commission has announced final amendments to the Children's Online Privacy Protection Rule. These amendments are intended to strengthen privacy protections for children and to give parents more control over the personal information that websites and online services collect from children under 13. | Legal Update: archive | 20-Dec-2012 |
| 12 | Arbitration Clause in Browsewrap Agreement Found ... In Zappos.com, Inc., Customer Data Security Breach Litigation, the US District Court for the District of Nevada held that an arbitration provision is not enforceable when it is included in a browsewrap agreement's terms of use if a reasonable user of the site would not have been able to see its terms. | Legal Update: archive | 28-Sep-2012 |
| 13 | Arbitration Clause Provided in Follow-up E-mail not Binding ... In Schnabel v. Trilegiant Corp., the US Court of Appeals for the Second Circuit affirmed the district court's denial of the defendants' motion to compel arbitration, concluding that the plaintiff consumers were not bound to arbitrate based on an arbitration clause that was provided to the plaintiffs after they enrolled in the defendants' service online. | Legal Update: archive | 11-Sep-2012 |
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| 1 | Website content licence (pro-licensor): drafting note Drafting notes for an agreement for the licensing of content by a content owner for use on a website, drafted from the content owner's perspective. | Drafting Notes | 19-Apr-2013 |
| 2 | Website design and development agreement (pro-supplier) ... Drafting notes for an agreement for the provision of website design and development and related services (including optional provisions for where the supplier of such services also provides hosting services), drafted from the perspective of the supplier. | Drafting Notes | 19-Apr-2013 |
| 3 | Website linking licence: drafting note Drafting notes for a licence permitting the creation of a hypertext link to a website, drafted from the website owner's perspective. | Drafting Notes | 19-Apr-2013 |
| 4 | Website design and development agreement (pro-customer) ... Drafting notes for an agreement for the provision of website design and development and related services (including optional provisions for where the supplier of such services also provides hosting services, drafted from the perspective of the recipient of such services. | Drafting Notes | 03-May-2012 |
| 5 | Website hosting agreement (pro-customer): drafting note Drafting notes for an agreement for the provision of website hosting and related services, drafted from the perspective of the recipient of such services. | Drafting Notes | 03-May-2012 |
| 6 | Website linking permission (short form): drafting note Drafting notes for a short-form permission allowing the creation of a hypertext link to a website, drafted from the website owner's perspective. | Drafting Notes | 03-May-2012 |
| 7 | Website terms and conditions: drafting note Drafting notes for terms and conditions regarding access to and use of a website, drafted from the website owner's perspective. | Drafting Notes | 06-Nov-2006 |