Internet

This Note discusses common cyber attack scenarios and sets out actions that companies can take to prevent or respond to attacks, including developing a cyber attack response plan. It also addresses the chief compliance officer's role in preventing and containing attacks and law enforcement referrals, and civil and criminal actions companies can pursue against attackers.

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.

A template briefing for an in house lawyer to give all nonunionized employees regarding work-related e-mail and online risk. Employers with unionized employees, who are covered by collective bargaining agreements, must consider additional factors that are outside the scope of this briefing (see Practice Note, Employee Handbooks: Best Practices: Collective Bargaining Obligations). Click here to download in Microsoft Word.

A Practice Note discussing the issues involved in developing and distributing mobile applications (apps). In particular, this Note provides an overview of mobile apps, including the types of apps, the devices for which they are programmed and major platforms and distribution channels. It also discusses the app store framework, which is the most common channel for distributing downloadable mobile apps, and the legal issues to consider when developing mobile apps, including intellectual property, privacy and advertising.

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.

A brief description of social media categories and a list of principal social media websites and services. Descriptions of social media categories include blogs, social and business networking sites, digital media sharing sites, wikis, virtual worlds and MMORPGs. The descriptive list includes over 25 examples of principal social media websites and services.

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).

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.

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

Guidelines for use of social media by employees and other personnel for company marketing programs and other business purposes. 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. It should generally be used in tandem with a social media or communications system policy.

An agreement for transferring ownership of certain domain names from a seller to a buyer. This Standard Document is drafted to be used as a stand-alone contract, and includes standard representations, warranties and other risk-allocation provisions typical in stand-alone domain name transactions. It is drafted in a manner that aims to be reasonable, and includes provisions that are common to negotiated agreements. This Standard Document has integrated notes with important explanations, alternative provisions and drafting and negotiating tips. The drafting notes also identify provisions that may be omitted if the domain name transfer agreement is being executed as an ancillary document to a larger transaction agreement, for example an asset purchase agreement or trademark sale or license.

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.

Social media guidelines for a public company for both personal social media use and social media use as an authorized company spokesperson. These guidelines incorporate social media best practices under US securities and disclosure laws and regulations. This Standard Document has integrated notes with important explanations and drafting tips, including discussion of the impact of National Labor Relations Board (NLRB) review of social media policies. 

An agreement granting a party a license to provide the other party's content on its website. Website content license agreements vary in length and complexity depending on several factors, including the types of content being licensed, the scope of rights being granted and the value and duration of the licensing arrangement. Each website content license agreement must be tailored to suit the particular circumstances of the transaction. While drafted in favor of the licensor, this Standard Document aims to be reasonable and includes provisions commonly negotiated in website content license agreements. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

An agreement for the procurement of website design and development services. This Standard Document is drafted to be used for a single project. While drafted in favor of the customer, this website development agreement, aims to be reasonable and includes commonly negotiated provisions. This Standard Document has integrated notes with important explanations and drafting and negotiating tips.

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.

A Checklist of best practices for a company to consider when using social media in its business strategy.

This checklist outlines the issues to address when implementing a document retention and disposal policy.

This Checklist presents issues to consider when launching an e-commerce website that sells retail merchandise.

A checklist on best practices for a company to consider in monitoring and responding to third party use of social media, including related to IP infringement, defamation and other risks.

A Q&A guide to media law in Brazil. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

An expert Q&A with Andrew P. Bridges of Fenwick & West LLP on key questions in the debate about the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA), from the perspective of SOPA and PIPA opponents.

On October 24, 2012, Practical Law Company, Davis Wright Tremaine LLP and Copyright Clearance Center presented Strategies for Protecting Copyrights and Trademarks Online, a webinar on steps a company can take to address the risks of online copyright and trademark infringement and counterfeiting. You can access the recorded webinar here (registration required to view recorded webinar). You can download the webinar slides by clicking the PDF link below.

On December 7, 2011, Practical Law Company, Kelley Drye & Warren LLP and Wm. Wrigley Jr. Company presented Marketing and Advertising Through Social Media: Key Legal Issues and Strategies for In-house Counsel, a one hour webinar providing guidance for in-house counsel on publicizing customer endorsements, running promotions and managing user-generated content through social media. Access the recorded webinar here. Click here to download webinar slides

An expert Q&A with Bettina (Betsy) Plevan of Proskauer Rose LLP on minimizing the risks associated with improper and inappropriate use of social media in the workplace and creating an appropriate social media policy. 

A Q&A guide to media law in Argentina. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Austria. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Canada. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in France. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Hungary. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Ireland. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Japan. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Poland. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Spain. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Switzerland. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Turkey. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.

A Q&A guide to media law in Ukraine. The country-specific Q&A looks at the following sectors: Film. TV (broadcast and internet). Publishing. Video games. Music. Sport. In each section, the Q&A guide considers a number of issues, such as a sector overview (including major companies, recent trends, and main trade bodies/associations, regulation and classification, legal protection and contractual structures, and areas of litigation). To compare answers across multiple jurisdictions, visit the Media Country Q&A tool. This Q&A guide is part of the PLC multi-jurisdictional guide to media law. For a full list of jurisdictional Q&As visit www.practicallaw.com/media-mjg.  

This table provides a brief overview of tax reliefs in the fields of film-making, making TV programmes, making video games, and the music industry, in 26 jurisdictions. This table has been derived from the PLC multi-jurisdictional guide to media law. See www.practicallaw.com/media-mjg. Each individual entry in this table links to the relevant question in the country-specific Q&A. Please note that in many jurisdictions, such as Germany, public funding will be available.

Online behavioral advertising programs, which target consumers based on their interests and preferences, have recently faced enhanced scrutiny from consumer advocates and regulators. This article explores the evolving legal and self-regulatory landscape of online behavioral advertising, and outlines key practical considerations for companies.

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.

A practical guide for companies on the use of mobile marketing, focusing on how best to comply with the evolving patchwork of regulations in an increasingly connected marketplace.

This tool enables subscribers to search the Country Q&A in the Media multi-jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.

A discussion of key changes to the Children's Online Privacy Protection Rule that become effective July 1, 2013.

Colorado recently enacted House Bill 13-1046, which prohibits an employer from requesting, requiring or causing employees or applicants to disclose social media user names or passwords.

The US District Court for the District of New Jersey held in Malibu Media, LLC v. John Does 1-11 that joinder of multiple John Doe defendants was appropriate in a copyright infringement action alleging unauthorized copying of works through the BitTorrent protocol.

On April 18, 2013, in Viacom v. YouTube, the US District Court for the Southern District of New York granted the renewed motion for summary judgment in favor of the defendants, YouTube, Inc and Google, Inc., and held that the Digital Millennium Copyright Act's (DMCA) safe harbor provisions protected the defendant service providers. The case was before the SDNY on remand from the US Court of Appeals for the Second Circuit.

The Department of Commerce's International Trade Administration (ITA) has issued guidance clarifying the US-EU Safe Harbor Framework and how it applies to the transfer of personal data from the EU to the US via cloud computing. Significantly, the ITA does not view cloud computing as an entirely new business model or as presenting unique issues for the Safe Harbor.

Utah recently enacted the Internet Employment Privacy Act (IEPA), which bans employers from asking employees and job applicants to provide login information for their personal internet accounts. 

This Legal Update provides guidance and drafting tips for takedown notices under the Digital Millennium Copyright Act (DMCA).

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.

In In re LinkedIn User Privacy Litigation, the US District Court for the Northern District of California dismissed a class action lawsuit against LinkedIn stemming from a breach of its system because the plaintiffs, two LinkedIn users, failed to allege a sufficient injury under Article III's case or controversy requirement.

ICANN has announced that on 26 March 2013 it will launch its trade mark clearing house, a centralised repository for trade mark data, giving access to sunrise registration and a trade mark claims service.

On February 22, 2013, HTC America, Inc. settled FTC charges that it failed to use reasonable and appropriate security measures in developing and customizing software for its smartphones and tablet computers, placing consumers’ sensitive information at risk.

The National Labor Relations Board (NLRB) has released further guidance to employers regarding NLRB prosecutorial views about lawfulness of discipline related to employee posts on social media and employment policies that concern employees' use of social media.

The European Council has published a comparative table of the Data Protection Regulation and the Data Protection Directive.

In Agence France Presse v. Morel, the US District Court for the Southern District of New York held that it is copyright infringement for a news agency to remove photographs posted to Twitter and license them to others, rejecting the news agency's argument that Twitter's terms of service permitted this use.

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.

In Karl Knauz Motors, Inc., the National Labor Relations Board (NLRB) upheld the termination of an employee for Facebook comments that were not protected under Section 7 of the National Labor Relations Act (NLRA). The NLRB also held that an employer's rule requiring employees to treat others with courtesy and to refrain from using language that is disrespectful or harmful to the employer's image and reputation unlawfully restricted Section 7 activity.

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.

The FTC announced its publication of a guide intended to help mobile app developers observe truth-in-advertising and basic privacy principles. The guide is entitled ''Marketing Your Mobile App: Get It Right from the Start."

In WPIX, Inc. v. ivi, Inc., the US Court of Appeals for the Second Circuit affirmed the district court's grant of a preliminary injunction for WPIX and other broadcasting company plaintiffs against ivi, Inc.'s streaming television service. The court rejected ivi's defense that its streaming internet television service was a cable system under Section 111 of the Copyright Act.

The Federal Trade Commission (FTC) announced a settlement with Google Inc., over charges that Google violated an earlier privacy settlement with the FTC by misrepresenting to users of Apple Inc.'s Safari internet browser that it would not place tracking cookies on their computers or serve them targeted ads. Google agreed to pay a record $22.5 million civil penalty and disable all the improper tracking cookies. The FTC also announced that it has accepted as final a settlement with Facebook resolving charges that Facebook deceived consumers by telling them that their information could be kept private on Facebook, but repeatedly allowing it to be made public.

On August 1, 2012, the FTC issued additional proposed revisions to the Children's Online Privacy Protection Rule. The proposed revisions modify the definitions of various terms in an effort to clarify the scope of the Rule and to strengthen its protections for the online collection, use and disclosure of children's personal information.

The ECJ has ruled that a party which was under contract to a trade mark owner to register a .eu domain on behalf of the trade mark owner but which was not licensed to use the trade mark commercially was not a licensee of prior rights for the purpose of the sunrise provisions of Regulation 874/2004 on the rules on implementing the .eu TLD. (Pie Optiek SPRL v Bureau Gevers SA and another, Case C 376/11, 19 July 2012.)

ICANN has announced outline details of applications for new generic top-level domain names.

The General Counsel of the National Labor Relations Board (NLRB) released a third report on employees' use of social media, focusing on employers' social media policies.

On May 2, 2012, Maryland became the first state to bar employers from seeking login information from employees or applicants for personal electronic accounts, including social media accounts, when Governor Martin O'Malley signed the User Name and Password Privacy Protection and Exclusions law. The law also prohibits employees from downloading an employer's proprietary information. The law is scheduled to take effect on October 1, 2012.

In Rosetta Stone Ltd. v. Google, Inc., the US Court of Appeals for the Fourth Circuit overturned a district court's grant of summary judgment for Google on Rosetta Stone's claims for direct trademark infringement, contributory trademark infringement and trademark dilution based on Google's sale of Rosetta Stone's trademarks as advertising keywords and use of those trademarks in sponsored advertisements.

On March 22, 2012, the Communications, Security, Reliability and Interoperability Council (CSRIC), an industry advisory committee for the Federal Communication Committee (FCC), adopted recommendations for internet service providers (ISP) to protect against three major cybersecurity threats. The ISPs committed to carry out the recommendations.

The Internet Corporation for Assigned Names and Numbers (ICANN) published a thought paper to assist parties preparing legal or regulatory actions understand the kind of information top level domain name registration providers will need to respond promptly and effectively to a legal or regulatory order or action.

The Federal Trade Commission (FTC) issued a sample letter warning mobile application marketers that their background screening applications could qualify as consumer reporting agencies under the Fair Credit Reporting Act (FCRA).

The General Counsel of the National Labor Relations Board (NLRB) released a report dated January 24, 2012 that summarizes its guidance in recent unfair labor practice (ULP) cases involving employer responses to employees' use of social media. The report provides guidance on the lawfulness of employer social media policies under the National Labor Relations Act (NLRA).

ICANN has confirmed that it is ready for the launch of new generic top-level domain names from 12 January 2012.

The US District Court for the Northern District of California denied in part Facebook's motion to dismiss a class action asserting, among other claims, right of publicity violations based on Facebook's use of its users' names and likenesses in its Sponsored Stories advertising. Facebook sought dismissal asserting that, among other grounds, it is protected from liability as an interactive computer service under the federal Communications Decency Act, Facebook users' "likes" fall within the newsworthiness exception to California's right of publicity statute, the plaintiff's failed to allege sufficient injury and, in any case, the plaintiffs consented to the use based on Facebook's terms of use.

ICM Registry began making .xxx domain names available to the general public. Domain names are available on a first come, first serve basis to any applicant, although the registered domain names will only be active for users in the adult industry.

ICANN has published its guidebook for applicants for new generic top-level domains (gTLD) , following its consultations on earlier draft versions. It has also launched a new micro-site for information about the new gTLD programme and a platform for organisations to work together.

Three advice memoranda from the General Counsel's office of the NLRB acknowledge that there are limits to the kinds of employee comments on social media that the National Labor Relations Act (NLRA) protects.

The ECJ has given its ruling on questions referred to it by the High Court in relation to infringement of copyright in broadcasts by communicating them to the public by live streaming from the TV Catchup website.  (ITV Broadcasting Ltd and others v TV Catchup Ltd, Case C-607/11, 7 March 2013.)