Attorneys Handling Internet Law Cases For Clients Worldwide

Our internet law attorneys understand the Internet and technology. In fact, we represent some of the largest players in the Internet space concerning legal issues arising in the on-line world. Because we are a niche law firm, we know how to move the ball down the field in an efficient, cost-effective manner.

Founding Attorney Enrico Schaefer:  "Attorneys who specialize Internet law, software and back-end technology.  If you are a technology company, affiliate marketing player, e-commerce company, software developer or web site manager, contact one of our internet law attorneys today or give us at (866) 936-7447.

Traverse Legal attorneys can help your company, in-house counsel or trusted out-side firm navigate the challenging issues presented by an increasingly complex on-line world. From end user agreements, privacy agreements and e-commerce/affiliate contracts, we have you covered.

Our internet attorneys handle a variety of complex litigation and cyber-law issues in the following niche areas, including:

Technology & Web Services Contracts  -  Uniform Domain Name Dispute Resolution Policy
On-Line Retailer Representation  -  Internet Defamation, Censorship & Free Speech
E-Commerce Negotiation & Disputes  -  Web Site & Blog Copyright & Fair Use
Affiliate, Reseller and Retail Agreements -  Domain Portfolio Analysis & Monetization
ISP, Host and Content Provider Contracts -  Gripe Site & Cybersquatting Issues
Web site, End-User and IP Licensing Contracts -  Internet Business Formation & Financing
Trademark Registration, Monitoring & Enforcement -  Piracy and Brand Counterfeiting
Internet Content Licensing & Copyrights - Hacking, Spam & Phishing Attacks
Anti-Cybersquatting Protection Act - Data Privacy and Security
Digital Millennium Copyright Act -  User Generated Content (UGC)

What is an E-Commerce Contract?

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, web site or e-commerce issue, we have an Internet lawyer ready to help.

Welcome to Internet Law Radio.  My name is E-Commerce Attorney Enrico Schaefer.  I specialize in Internet law and e-commerce contract issues.  Today, we’re going to be talking about the simple issue of what is an e-commerce contract.  It’s a term that we hear a lot in the Internet law trade.  And, of course, every company, whether or not you’re a traditional company, a technology company, an Internet start-up, or some other online business or e-commerce company, you have the same necessities as anyone else.  You need a web site host, a web developer, and developers to develop applications for your iPhone app or Android app.  So, what is an e-commerce lawyer?  What is an e-commerce contract?  These are very important issues.

Terms of Service (TOS) Modifications by Dropbox Please Consumers

Your terms of service are your business model: 

Too many lawyers try and draft terms of service (TOS) or terms of use (TOU) to protect the website operator to the extremes.  Drafting contract terms which overly-protect the website owner can have consequences, however.   Especially on issues related to privacy policies, consumers are becoming more aware of the clickwrap agreements they agree to.  Perhaps the constant privacy concerns within the Facebook community are driving more consumer awareness about these issues. 

Terms of Service, Terms of Use and Privacy Policy Enforcement

Internet Attorney Discusses Enforceability of Website Agreements: 

We get calls from prospective clients each week asking us to draft a terms of service (TOS), terms of use (TOU) and privacy policy agreements for their websites.  An internet lawyer knows how to draft an effective on-line or website agreement depending on the purpose of the website, the business model and a variety of consumer issues.  The goal of any attorney drafting a terms of service, terms of use or privacy policy for a website is not only to protect the website owner/operator, but to increase the probability that a court will ultimately enforce the agreement terms against website visitors, registered users or other third parties interacting with the website. 

We are often asked how courts are handling contract issues on the internet.  Unfortunately, there is little precedent to guide lawyers or courts in the handling of internet agreements.  Here are some common defenses which consumers will raise in order to avoid a particular contract term:

Privacy Policy Attorney | FTC & Google Set to Settle Privacy Policy Claims

The Federal Trade Commission (FTC) filed its FTC Complaint against Google for its launch of Google Buzz, a social networking tool that links gmail.com users with other Google users.  The Complaint focused on Google's failure to exclude users who had declined enrollment with Google Buzz, failure to inform Google Buzz users about various features of the tool, and failure to remove those who longer wished to be enrolled.  Such failures violated both Google's own online privacy policy as well as the FTC's mandate against deceptive trade practices.  

In addition, for the first time, the FTC alleged that Google's practices violated the US-EU Safe Harbor Framework.  

The US-EU Safe Harbor Framework generally requires the following for Safe Harbor Self-Certification:

1. An explanation as to how personal information is collected, shared, disclosed, used, and protected
2. User choice to opt-in or opt-out of communications and services
3. Limiting account access to the user

The FTC and Google appear to have agreed to a settlement.  Of utmost importance is the affirmative duty on Google to disclose certain information prior to acting, to implement a comprehensive privacy policy program, and allow an independent privacy audit for the next twenty years.  Once again, this shows the FTC's commitment to protecting personal information and avoiding deceptive trade practices by those who collect and use personal information.  All entities would be well-served to obtain a privacy policy, preferably one drafted by an Internet attorney, specific to its service and particular use of personal information of its users.  

Online Contract Lawyer | FTC Settles with Advertiser over Privacy Policy

The FTC settles with online advertiser Chitika, Inc. barring it from making misleading statements in its privacy policy concerning the extent of data collected from consumers. 

The FTC alleged that Chitika’s privacy policy stated that it allowed consumers to “opt-out” of having tracking cookies placed in their browsers for targeted ad placement, but that was not the case since the opt-out period only lasted several days.  According to the FTC, Chitikia’s misleading statements in its privacy policy were deceptive and in violation of federal law. 

An online contract lawyer attorney can help ensure (1) that the proper "opt-out" procedures are defined and communicated to the users as part of a Privacy Policy; (2) internal technological procedures are properly implemented to allow opt-out by users; and (3) safeguards exist to protect against clearing a user's opt-out when changes are made to, for example, the browser.  Without these online controls on your website, you are at risk of the FTC coming after you.

Violation of FTC Part 255 Endorsement Guidelines Leads to $250,000 Payment

When the guidelines relating to the use of endorsements and testimonials took effect in late 2009, many online marketers and advertisers were left to wonder what the practical effects would be.  Would the guidelines be enforced by the FTC?  Would a slap on the wrist be the worst case scenario for online marketers not in the brick-and-mortar arena?  Could online marketers claim ignorance or ask for forgiveness to avoid monetary penalties?

A recent Federal Trade Commission (FTC) announcement revealed that an online marketer has agreed to pay $250,000 for its deceptive representation that the endorsements, which were made by affiliates, were "independent" reviews of ordinary customers.  The FTC's investigation found that the endorsements were in fact made by affiliates earning commissions with each click and subsequent purchase of the online marketers' goods.

Online marketers should take notice of this and ensure that the FTC Part 255 guidelines are followed, proper monitoring is performed, and clear and conspicuous disclosures are made where necessary.  Traverse Legal's internet law attorneys can provide the advice necessary.

Violation of the Federal Trade Commission’s 16 CFR Part 255 Guides Concerning Use of Endorsements and Testimonials in Advertising

Internet Law Attorney Alert:  The deceptive advertising efforts of development representative for Belkin, Mike Bayard, may have subjected Belkin to liability for violation of the Federal Trade Commission’s (FTC) 16 CFR Part 255 Guides Concerning Use of Endorsements and Testimonials in Advertising.  The FTC’s Part 255 operates to require any person ‘reviewing’ a product or service to openly disclose what sort of connection (if any) they have to the product or service being reviewed.

TOS Attorneys | New Mac App Store Presents Internet Law Issues

Internet Law Update:  Mac OS X Lion is scheduled to release in the summer of 2011, promising to bring the world the most advanced operating system.  One major new feature will be the integration of the Mac App Store which allows users to browse, purchase, download and install applications directly from their computer. Other features such as full screen app displays, auto updating and other comprehensive improvements will be introduced.

If you have an online legal issue, contact one of our internet law attorneys today.  Chances are, we have already helped a client solve a problem just like yours.

FTC’s 16 CFR Part 255 Used for First Time to Bring Charges of Deceptive Advertising

On August 26th, the Federal Trade Commission (FTC) released a statement to the public that the California marketing company, known as Reverb Communications, had settled charges that it had engaged in the practice of deceptive advertising.

It was originally alleged that the Reverb Communications employees were paid to author and post positive reviews of clients’ games featured in the Apple iTunes Store, from November 2008 to May 2009, without disclaiming that they were being paid to do so.

This settlement was first reported on NYTimes.com in the article, Charges Settled Over Fake Reviews on iTunes, where the reviews were described;

The reviews typically gave the games four or five stars and included comments like “Amazing new game” and “One of the best apps just got better.”

Unlike the FTC’s first investigation into abuse of its CFR Part 255 Guidelines, in this investigation into Reverb Communications and Tracie Snitker (acting as one of Reverb’s executives), the FTC determined that bringing charges against the marketing company was warranted due to violation of the CFR Part 255 Guidelines.

FAQs for the FTCs Newly Adopted Revised Endorsement Guides

The FTC’s revised Guides emphasize a focus on social media and in particular the relationship between advertisers and the products being advertised;

“The issue is – and always has been – whether the audience understands the reviewer’s relationship to the company whose products are being reviewed. If the audience gets the relationship, a disclosure isn’t needed.”

The FTC Guides retain a core purpose of protecting consumers from misleading or inaccurate advertisements and while the connection between Subway and Jared may have been readily apparent, “on a personal blog, a social networking page, or in similar media, the reader may not expect the reviewer to have a relationship with the company whose products are mentioned. Disclosure of that relationship helps readers decide how much weight to give the review.”

The FTC recently addressed consumers’ questions regarding its newly adopted Revised Endorsement Guides on its FAQ’s page. This FAQ page can be found here.