Bennet Kelley INTERNET LAW 2013

No provider or user of an interactive computer service shal l be treated as the publ isher or speaker of any information provided by another content providers.

“By i ts plain language § 230 creates a federal immunity to any cause of action that would make service providers l iable for information originating with a third-party user of the service.” Ze r an v . Am er i can O n l i ne , I nc . , 129 F . 3d 327 , 330 ( 4 t h C i r . 1997 ) , ce r t . den ied , 24 U. S . 937 ( 1998) .

The Law

CDA IMMUNITY

Roommates.com Site developing questionnaire that el ic i ted potential ly discriminatory information from users rendered si te an internet content provider. Fa i r Hous ing v . Room a tes .com , 489 F . 3d 921 ( 9 t h Ci r . 2007 ) .

TheDirty.com “the manner in which i t is managed, and the personal comments of defendant . . . , the defendants have specif ical ly encouraged development of what is offensive about the content of the si te.” J ones v . D i r t y W or l d En t e r ta i nment , 840 F . Supp . 2d 1008 ( E . D . Ky . 2012 )

EXCEPTIONS

47 State Attorneys

General petitioned

Congress to exempt

state criminal laws from

Section 230

ABSOLUTE

NOT-SO ABSOLUTE

Hey @InternetLawCent check out our new

.com Disclosure Guides. Its Free*!

FTC UPDATES DOTCOM

DISCLOSURES

PROMINENCE Is i t b ig enough for consumers to not ice?

PRESENTATION Is wording and format easy for consumers to understand?

PLACEMENT Is i t where consumers wi l l look?

PROXIMITY Is i t c lose to the c la im i t qual i f ies?

THE FOUR PS

MOBILE WEB

MULTI-PLATFORMS

HYPERLINKS

EXPLAIN

THE CURSE OF 140 CHARACTERS

“Ju l ie Brown –

PS”

Use

Of

Acronym

Nobody’s

Heard

Of

UOANHO SYNDROME

THE AMAZON

TAX

GOES TO

WASHINGTON

Quill v North Dakota: Adopts Bright Line Rule under Due Process and Commerce Clause: Need Physical Presence in State to Be Required to Collect Sales Taxes 504 U.S. 298 (1992)

New York “Amazon Tax”. Deemed to have in-state presence if Affiliate Marketers who

receive commissions

generate gross receipts in excess of $10,000 during preceding four quarters

AMAZON TAX

NEW YORK COURT PUNTS UPHOLDS LAW The world has changed dramatically in the last

two decades, and it may be that the physical presence test is outdated. An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet. That question, however, would be for the United States Supreme Court to consider.

Amazon has filed petition for cert. Overstock.com v. New York, 20 NY3d 586 (2013).

ILLINOIS SUPREME COURT STRIKES DOWN LAW Violates Internet Tax Fairness Act (47 USC

Section 151) by imposing discriminatory obligations.

Performance Marketing Ass’n v Hamer, 2013 IL 114496 (2013).

AMAZON TAX

ALL EYES ON WASHINGTON

MARKETPLACE FAIRNESS

ACT STALLS IN THE HOUSE

Allow states to collect online sales

tax if they are part of Streamlined

Sales and Use Tax Agreement

Small Business Exemption

Passed Senate 69-27

Stalled in the House

AMAZON TAX

ALL EYES ON WASHINGTON

CASES TO WATCH

Challenge to FTC Consent

Decree over Data Breach

.

Wyndham Moves to Dismiss:

The FTC has not publ ished any ru les

or regulat ions that might provide the

bus iness community wi th . . . not ice

of what data-secur i ty protect ions a

company must employ to comply

wi th Sect ion 5. . . .

FT C v . W yndham W or ldw ide ( No . Cas e 2 : 13 -

c v - 0 1 8 8 7-ES-SCM ) ( D . N .J . )

WYNDHAM HOTELS

Verizon v FCC Challenge to 2010 Open

Internet Order

Argued September 9 th

Verizon Communications Inc. v. Federal Communications Commission, D.C. Cir. , No. 11-1355

Proponents Argue Many of the Harms Net Neutrality Sought to Prevent Are Occurring

Data Caps, Discriminatory Treatment

NET NEUTRALITY

VERIZON & WYNDHAM

ICANN gTLDs Number of new gTLD applications

received: 1,930

Active applications: 1,814

Uber, AirBnB and other emerging business models v. 20 th Century Regulatory Regimes

ISP, Ad Network Copyright Enforcement

CAN-SPAM turns 10

IN BRIEF

BENNET KELLEY

Bennet Kel ley is the founder of the In ternet Law Center. He previously had worked in -house wi th in ternet market ing and e-commerce companies such as ValueCl ick .

He is the publ isher o f the award -winning newslet ter Cyber Report and host o f Cyber Law and Bus iness Report on WebmasterRadio. fm.

In addi t ion to be ing Vice -Chai r o f the Technology, In ternet and Pr ivacy In terest Group of the Cal i fornia Bar IP Law Sect ion, Bennet previously served as Co -Chai r o f the Business Law’s Cyberspace Commit tee where he led the effor t to c reate a cyberspace law pr imer for s ta te po l icymakers.

Bennet was se lected by the U.S. Department o f Commerce to present on e -commerce issues at the 17 th U.S. -China Legal Exchange in China. He a lso was se lected by a leading NGO to par t ic ipate in a d iscussion of in ternet law wi th leading Chinese net izens.

Bennet graduated manga cum laude f rom Georgetown Univers i ty Law Center and is admi t ted in Cal i fornia, the Dis t r ic t o f Columbia and Maryland ( inact ive).

Internet Law Center

100 Wilshire #940

Santa Monica, CA 90401

www.internetlawcenter.net

Twitter: InternetLawCent

WPBlog: ILCCyberReport