Understanding Internet Laws:
Internet Law Attorney Enrico Schaefer of Traverse Legal, PLC discusses the specialized laws governing the internet today and answers some frequently asked questions client's typically ask concerning internet law.
- "what is internet law?" Internet law...is a specialized area of law
- "why do I need an internet attorney?" If you are facing a software technology or internet-related issue, the reason you need an internet attorney is simple. Internet attorneys practice this area of law day in and day out.
Announcer: Welcome to Internet Law Radio. This program is brought to you by Traverse Internet Law, when you need an internet attorney for the internet age.
Enrico Schaefer: Welcome to Internet Law Radio. My name is Enrico Schaefer and I’m an internet attorney with the law firm Traverse Internet Law. Today we’re talking a
little bit about internet law and why it’s important to hire an internet attorney when you’re facing a software technology or internet related issue. The first question we typically get from clients is what is internet law? Internet law, which also sometimes known as cyberlaw or web law, is a specialized area of law no different than personal injury, trademark law, copyright law, non-compete law, these types of specialized areas.
When you have an issue that deals with trademark infringement, you want to go to an attorney who specializes in trademark infringement. If you have a legal issue which arises out of the use of the internet, you want to go to an attorney who specializes in internet law. There are specialized laws governing the internet and they typically fall into two categories. The first are statutes. Congress and certain states have passed laws to specifically address issues that arise on the internet. These laws were passed to address special issues which arose on the internet which had not previously arisen in the brick and mortar world. The other area is case law. There are traditional legal principles out there on such issues as trademark infringement, personal jurisdiction, copyright infringement, internet defamation and many, many other areas for which courts have struggled sometimes to analyze the facts and the law when the actions have occurred on the internet, so judges have interpreted statutes and interpreted common law in specialized ways when those issues arise in the internet. Internet law is both specialized statutes, and case law (judge-decided case law), where they try and address traditional legal principles in the internet space.
The second question we typically get from clients is “well, why do I need an internet attorney?” If you are facing a software technology or internet-related issue, the reason you need an internet attorney is simple. Internet attorneys practice this area of law day in and day out. They know how courts have addressed issues such as trademark infringement, defamation, when that defamation or trademark infringement occurs on the internet. As importantly, they also understand how to get at the back-end data in order to identify, for instance, the party who is infringing on your trademark, the party who has posted an anonymous comment on a blog or website such as Complaints Board or Ripoff Report that is derogatory about you or your business. Who is the web site host? Where are the servers located? Is the web site host different than the domain registrant? Who would you send a subpoena to in order to identify an anonymous blogger or anonymous comment? Is the information user-generated content or was the content posted by the web site owner or web site host? How do the policies and procedures of the various vendors who are providing services for that web site address issues such as copyright infringement, trademark infringement, or online defamation? An internet attorney already knows the answer to these questions. They can get at the back-end data. They know how to trace people upstream in order to identify and individual who may not have used their real name when they posted a comment or engaged in an activity. An internet attorney knows how courts typically address such issues as the use of trademarks in keyword advertising on Google Adwords or on the Yahoo platform. So, it is important to hire an internet attorney on an internet law issue because they won’t have to recreate the wheel, they’ve already handled an issue just like yours for a client just like you. So, if you are an attorney who’s got a client facing a specialized issue online or you’re an individual looking for specialized help about an internet law issue, feel free to give us a call at Traverse Internet Law. Chances are we can help. Chances are we’ve already helped someone just like you. That’s all today for Internet Law Radio, my name is Enrico Schaefer, and we’ll see you next time.
Announcer: This netcast powered by Vertio.net. Vertio.net, optimizing your brand and web presence worldwide. Vertio.net. Be Heard. Be Seen. Be Found.
When you have an issue that deals with trademark infringement, you want to go to an attorney who specializes in trademark infringement. If you have a legal issue which arises out of the use of the internet, you want to go to an attorney who specializes in internet law. There are specialized laws governing the internet and they typically fall into two categories. The first are statutes. Congress and certain states have passed laws to specifically address issues that arise on the internet. These laws were passed to address special issues which arose on the internet which had not previously arisen in the brick and mortar world. The other area is case law. There are traditional legal principles out there on such issues as trademark infringement, personal jurisdiction, copyright infringement, internet defamation and many, many other areas for which courts have struggled sometimes to analyze the facts and the law when the actions have occurred on the internet, so judges have interpreted statutes and interpreted common law in specialized ways when those issues arise in the internet. Internet law is both specialized statutes, and case law (judge-decided case law), where they try and address traditional legal principles in the internet space.
The second question we typically get from clients is “well, why do I need an internet attorney?” If you are facing a software technology or internet-related issue, the reason you need an internet attorney is simple. Internet attorneys practice this area of law day in and day out. They know how courts have addressed issues such as trademark infringement, defamation, when that defamation or trademark infringement occurs on the internet. As importantly, they also understand how to get at the back-end data in order to identify, for instance, the party who is infringing on your trademark, the party who has posted an anonymous comment on a blog or website such as Complaints Board or Ripoff Report that is derogatory about you or your business. Who is the web site host? Where are the servers located? Is the web site host different than the domain registrant? Who would you send a subpoena to in order to identify an anonymous blogger or anonymous comment? Is the information user-generated content or was the content posted by the web site owner or web site host? How do the policies and procedures of the various vendors who are providing services for that web site address issues such as copyright infringement, trademark infringement, or online defamation? An internet attorney already knows the answer to these questions. They can get at the back-end data. They know how to trace people upstream in order to identify and individual who may not have used their real name when they posted a comment or engaged in an activity. An internet attorney knows how courts typically address such issues as the use of trademarks in keyword advertising on Google Adwords or on the Yahoo platform. So, it is important to hire an internet attorney on an internet law issue because they won’t have to recreate the wheel, they’ve already handled an issue just like yours for a client just like you. So, if you are an attorney who’s got a client facing a specialized issue online or you’re an individual looking for specialized help about an internet law issue, feel free to give us a call at Traverse Internet Law. Chances are we can help. Chances are we’ve already helped someone just like you. That’s all today for Internet Law Radio, my name is Enrico Schaefer, and we’ll see you next time.
Announcer: This netcast powered by Vertio.net. Vertio.net, optimizing your brand and web presence worldwide. Vertio.net. Be Heard. Be Seen. Be Found.
It is funny going up against an old school attorney who barely understands the internet with an online issue. The laws governing the internet are one thing. Understanding the internet and how it works is another. If your lawyer does not understand both the law and the web, you are in serious trouble. It woudl be like hiring an attorney to assist you in a court case where they have no idea how the court system works.
Posted by: Law Governing the Internet | November 17, 2011 at 09:25 AM
One problem is that courts and judges treat issues arising on the internet law differently. There is so little case precedent, that outcomes can be inconsistent. It will take years before legal decisions are consistent enough to provide better certainty on outcomes in internet law cases.
Posted by: Enrico S. | March 01, 2011 at 03:47 PM