Will New York Online Sales Tax Legislation Kill E-Commerce?

eTail dTail Blog: Will New York Online Sales Tax Legislation Kill E-Commerce?

The headline for this entry may be drastic, but the bill that passed in the New York State legislature last week may have huge ramifications to e-commerce/mobile commerce, to how online retailers interact with their clients, and to how consumers shop online into the future.

The good news, if you are one who does not like online sales taxes, is that this recent move by the state of New York is not new. The Illinois legislature demanded onlines sales tax to be paid in 2003 and some larger retailers actually voluntarily paid these taxes to some states that demanded it. But, overall, there was no logical enforcement policy for all online merchants to pay the online sales tax, so people have simply ignored attempts by several states to enforce their laws and ensure that companies and consumers pay online sales taxes for purchases by residents in their respective state.

Furthermore, there is a lobbying organization representing 30 states that has tried to enforce an online sales tax code, but they started in 2000 and have had little success in passing legislation at the national level or enforcing laws at the state and local level.

Technorati Tags: e-commerce, sales tax, new york

New York Legislature Passes “Amazon Tax” Bill into Law: Online retailers must begin collecting sales tax on purchases shipped to New York

We recently posted about the so-called “Amazon Tax” in New York here.  Last night, the New York Legislature passed a Bill that requires online retailers to begin collecting sales taxes on purchases shipped to the state, even if they have no operations or employees working there.  New York Governor David Paterson is expected to sign the measure soon.

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How to Avoid Email Blacklists, How to Be Removed If Your Email Ends up in the Blacklist Database

Email Blacklists “Kind Of A Crazy Thing”: How to avoid, how to be removed

What is an email blacklist?

Email blacklists are compiled by industry watchers who track down the originating servers for emails that have the earmarks of spam. The resulting lists of web hosts, domains or IP addresses are used by anti-spam software companies, Internet service providers and corporate IT departments to determine what emails get through.

E-Commerce CLE: Protecting Your Brand in Cyberspace

Protecting Your Brand in Cyberspace - West LegalEdcenter

The Internet can be a scary place for intellectual property. Online content creators and owners are susceptible to theft, counterfeiting, and worse at the hands of skilled pirates who know the ins and outs of technology and the law. Only businesses and attorneys with the knowledge to protect their trademarks, and their online content will be able to preserve the quality of their brand name and their revenue stream.

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Amazon Tax: Sales Tax Proposed for e-commerce Affiliate Sites in New York

InternetNews Realtime IT News – N.Y. Lawmakers Near Vote on 'Amazon Tax'

As New York lawmakers hash out the state's budget, one contentious issue may have a dramatic impact beyond the Empire State: A provision requiring many online retailers to collect sales tax on state residents' purchases.

The provision, now facing a coming vote as part of state legislators' 11th-hour efforts to pass a state budget, could require e-tailers to collect taxes even if they have no employees or offices within the state.

If signed into law with the budget, the so-called "Amazon tax" would apply to merchants offering commissions in exchange for customer referrals, a practice known among Internet retailers as an affiliate program.

Many online retailers, such as Amazon, Barnes & Noble and Buy.com, have programs that allow individuals or organizations to include a link to the e-commerce site on their own Web page. The affiliate receives a commission for sales generated through the referral.

Technorati Tags: e-commerce, affiliate, amazon

Clickwrap Contract Enforcement: Arbitration & Forum Selection Clauses

Recommended Reading: For lawyers seeking to understand the contest and enforceability of clickwrap agreements, we recommend the following article written by Rachel Cormier Anderson and published by the Shidler Journal of Law

Enforcement of Contractual Terms in Clickwrap Agreements >> Shidler Journal of Law, Commerce & Technology

In three recent cases, courts have invalidated portions of consumer clickwrap agreements containing either forum selection or binding arbitration clauses. In the first case, the Washington State Court of Appeals invalidated a forum selection clause found in a clickwrap agreement because the clause was contrary to state consumer protection policies. In the second case, the California Court of Appeals rejected a clickwrap agreement calling for binding arbitration in a specified forum when the plaintiff sought to bring a class action claim. Finally, the U.S. Court of Appeals for the Fifth Circuit recently declared a binding arbitration clause because it was unconscionable. Although these cases address a relatively new form of contracting known as "clickwrap agreements," the essential issue in each case was not new. These cases suggest that courts are willing to accept the validity of clickwrap agreements in general, but have invalidated specific clauses based on traditional contract doctrines such as unconscionability and public policy. This Article examines these recent cases in light of existing precedent concerning the enforceability of clickwrap agreements

Technorati Tags: clickwrap agreement

Clickwrap Contract Enforcement Often Depends on the Specific Facts and Jurisdiction

The legal status of shrink wrap contracts in the US is somewhat unclear. One line of cases follows ProCD v. Zeidenberg which held such contracts enforceable (see, e.g., Brower v. Gateway) and the other follows Klocek v. Gateway, Inc., which found the contracts at hand unenforceable (e.g., Specht v. Netscape Communications Corp.), but did not comment on shrink wrap contracts as a whole. These decisions are split on the question of consent, with the former holding that only objective manifestation of consent is required while the latter require at least the possibility of subjective consent.

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E-Commerce Contract Litigation Presents Unique Challenges

Although issues raised by contracts formed on the Internet are affected by traditional contract principles, these contracts often present new and challenging issues. One such issues is the enforceability of "clickwrap" and, its closely related software counterpart, "shrinkwrap" agreements.

A clickwrap agreement (also known as a "clickthrough" agreement or clickwrap license) is a common type of agreement driven by technology and hte intenret. The contracts present themselves as part of an "I Agree"chekc box on a web form, on-line software download, installation process of many software packages or in other circumstances where agreement is sought using electronic media. The name "clickwrap" came from the use of "shrink wrap contracts" in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within".

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E-Commerce Legal Issues Continue to Evolve

Internet and Technology laws are a fast-growing area for policy makers, lawyers, business owners, and individual consumers. As technology changes at a rapid pace, consumer rights and business e-commerce rights may be challenged in new and unusual ways.

Cyber laws and related amendments can be leveraged by consumers and enforce regulations regarding privacy acts, internet crime, internet fraud, internet business practices, online gambling, freedom of expression, and more. Lawyers and law firms specializing in Internet and Technology laws can help with your questions and complaints.

We Negotiate Contracts & The Deals Which Drive Them

We help business clients define their contract rights and understand their contract obligations. High growth companies need the flexibility to define contract terms quickly and get the deal signed.  Our clients do deals as part of their business model.

We can handle your contract negotiations and move you closer to your business goals.

• Licensing agreements
• Domain transfer contracts
• Vendor contracts
• Releases
• Policy manuals
• ISP contracts
• SBC Contracts
• Non-compete contracts
• Trade Secret Agreements
• Sales & Commission contracts
• Mutual Non-Disclosures
• Letters of Intent
• Independent Contractor Agreements
• Management Contracts
• Strategic Partnership Agreements