So, now that we know more about preemption in the CAN-SPAM Act, then what more is there to consider? There is actually quite a lot of other factors, namely standing. Now that you know how the federal CAN-SPAM Act and state laws may interact, there leaves the question of “standing.” …
Articles Posted in Internet Law
CAN-SPAM Act – Part I
Spam, for those lucky enough to be unfamiliar about it, are those unsolicited commercial emails that often clutter up inboxes with offers of sales and services that range from the reliable to the questionable. Due to the issues presented to consumers, Congress, in its wisdom, enacted a law called the…
Cloud Computing and Privacy Shield Regulations
As the implementation of the European Union Privacy Shield comes closer, other elements of the shield come into influence and place restrictions on businesses that transfer data between the United States and Europe. Further adding onto this, is the General Data Protection Regulation. This can be a major issue in…
Louisiana’s New E-commerce Tax Laws
In recent years, states have continued to collect tax from e-commerce transactions. Louisiana has recently joined in on the trend and allowed the state to tax businesses without a physical presence there. This is a trend that we have discussed in the past and we encourage our readers to catch…
FCC Proposes New Broadband Privacy Regulations
This one isn’t an April Fools’ prank. On April 1, 2016, the Federal Communications Commission (“FCC”) announced its proposed rulemaking to create regulation that would bind Broadband Internet Access Service (“BIAS”) providers in the interest of enhancing privacy towards consumers. This proposal has raised objections from AT&T, Comcast, USTelecom, and…
European Union Privacy Shield Framework
In recent years, the internet has connected the general public across continents. Notably, it can be expected that data can easily travel across countries in a blink of an eye, without any delay and on a daily basis. The transfer of data is an important part in business as well. …
Apple v. Federal Bureau of Investigation – Part II
As we discussed in part one of this issue, during the late morning of December 2, 2015, a couple armed with weapons walked into a banquet room filled with people. At first, the attack was categorized as another mass shooting that ended in a large number of fatalities. As the…
Apple v. Federal Bureau of Investigation – Part I
On December 2, 2015, Syed Rizwan Farook and Tashfeen Malik, walked into a banquet room at the Inland Regional Center in San Bernardino, California, armed with semi-automatic weapons. At the time, the San Bernardino County Department of Public Health was holding a training event and holiday party. Approximately 75-80 people…
Product Diversion and Ways to Prevent It
Product diversion is when an unauthorized seller sells a product outside of authorized distribution channels. The product goes through various unauthorized channels in order to reach the shelves or listings on a website. This is a common practice with high end and expensive beauty products. The way these unauthorized retailers…
How to Detect and Address Online Counterfeiters
The Internet has become an important aspect in our lives. With the Internet, people can pay bills, make appointments, and buy or sell products. For example, websites like Amazon, Craigslist, and eBay allow the public to buy and sell products. So, due to the ease of e-commerce transactions, counterfeiters have…