E-Commerce Law

Technology & Effective Advocacy: MySpace, YouTube & Facebook

Yesterday, I had the pleasure of speaking on "Technology & Effective Advocacy:  MySpace, YouTube & Facebook" at the 11th Annual Maryland Partners for Justice Conference.  We discussed ways that practitioners can use the Internet to prepare for trial (e.g., jury research, preparation for witness testimony in discovery or at trial) and obtain admissible evidence.

If you were at the presentation yesterday, please leave a comment letting me know what you thought.  You can download a PDF file containing my complete PowerPoint presentation here.

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Happy Belated Memorial Day!

E-Commerce Law Briefs will return next weekend.

Technology & Effective Advocacy

Next Thursday, the Pro Bono Resource Center of Maryland, Inc. is hosting the 11th Annual Maryland Partners for Justice Conference in Baltimore.  Maryland Lieutenant Governor Anthony G. Brown is giving the keynote address and I'll be speaking on "Technology & Effective Advocacy:  MySpace, YouTube & Facebook" in the afternoon.

If you're interested in the program, you can download the conference brochure and registration form or  register online.

Craigslist Sues South Carolina Attorney General to Avoid Criminal Charges Against the Site and its Executives

A couple of weeks ago, we mentioned that the Attorney General of South Carolina was threatening to file criminal charges against the chief executive officer of Craigslist unless the site removed all sex related postings from its South Carolina sites.  Apparently, the threats continued, even after Craigslist announced that it would be eliminating its ads for "erotic services." 

Following the old adage that the best defense is a good offense, Craigslist has now filed suit against the South Carolina Attorney General, seeking declaratory relief and a restraining order prohibiting the filing of criminal charges against Craigslist or its executives.  In the Craigslist blog post announcing the move, the company said that the threatened charges were "unwarranted by the facts . . . and represent an unconstitutional prior restraint of free speech."  The company also indicated that such charges would be barred by Section 230 of the Communications Decency Act.

Selling Online 2.0: Migrating from eBay to Amazon, craiglist, and Your Own E-Commerce Website

Before it was published, I was asked to read and review a book entitled Selling Online 2.0:  Migrating from eBay to Amazon, craigslist, and Your Own E-Commerce Website by Michael Miller.  I happily reviewed the manuscript and my comments about the text were selected to appear on the dust jacket (or its paperback equivalent).  In my comments, I noted that the book "is an accessible, practical guide for small and medium online auction sellers who wish to transition their businesses to alternative marketplaces or establish their first stand-alone e-commerce websites."  As of May 18th, it was the tenth most popular e-commerce book on Amazon.

If you're interested, you can click here for an opportunity to win a copy of the book by becoming an email subscriber to E-Commerce Law.  You can also purchase the book from Amazon, using this link:  Selling Online 2.0: Migrating from eBay to Amazon, craigslist, and Your Own E-Commerce Website

FAQ: What is Section 230?

In the e-commerce or Internet law context, "Section 230" refers to Section 230 of the Communications Decency Act of 1996, a federal law which has significantly altered the traditional legal principles applied to defamation actions and others claims based upon content published on the Internet.

E-Commerce Law Briefs: Week of May 11, 2009

"Apple, AT&T and several others have been named in a new patent infringement lawsuit, presumably for their connection to Shazam, a maker of music identification software distributed under the same name for the iPhone and several other mobile devices."

Another newspaper has moved to an Internet-only model.  We're not surprised.

In response to pressure from several state attorneys general, Craiglist is dropping its ads for "erotic services."  "To replace it, the company has created a category called adult services, in which postings will be reviewed by employees who will look for indications of activity that is illegal or violates the site's guidelines. The erotic services category would be deleted next Wednesday, Craigslist said."

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

How to Subscribe to E-Commerce Law

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FAQ: Is an Internet Contract Enforceable?

In our practice, we frequently receive questions about the enforceability of so-called "Internet contracts" - agreements reached between parties over the Internet.  Generally speaking, an analysis of the enforceability of any contract is the same, whether the contract was formed by the parties over the Internet or by the execution of a written document. 

Though the Internet is fairly new, the enforceability of Internet contracts is governed by the well-established legal principles which apply to traditional written contracts.  To form an enforceable contract, two or more parties must mutually assent to the terms of the contract and the contract itself must be supported by some consideration.  Internet contracts generally fall into one of three categories, with each one being treated slightly differently by the courts.

E-Commerce Law Briefs: Week of May 4, 2009

The Federal Trade Commission is investigating the close ties between the boards of Apple and Google.

Attorneys general from Connecticut, Illinois, and Missouri plan to meet with Craigslist executives representatives to begin negotiations toward eliminating advertisements from the site which feature prostitution and other illegal activities. 

South Carolina's attorney general has taken a different approach.  He has threatened to prosecute the chief executive officer of Craigslist unless the site removes all sex-related postings from its South Carolina sites by May 15th.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.