Researching an internet law issue? If yes, keep scrolling; we've filled this page with information on legal requirements, standards, and helpful case studies.
Who are we? Kelly / Warner -- Internet lawyers who focus on issues important to today's businesses -- like ecommerce, digital advertising, marketing compliance, intellectual property, online privacy, domain disputes, unfair competition, and consumer reviews.
Kelly / Warner helped me out of a jam when we thought that there was no light at the end of the tunnel. Fortunately, they had solutions that worked. Thank you for helping out when things looked grim. -David D.
⧁ Intellectual Property & Domain Disputes
⧁ Online Reputation
⧁ Social Media
⧁ Marketing & Advertising Law
⧁ Ecommerce & Retail Law
⧁ Internet Business
An Internet Lawyer For Online Business Entrepreneurs
Need an online marketing compliance review? Advice on structuring an ecommerce business that allows for ideal profit margins and asset protection? Is a scathing online review decimating your business? Whichever the case, we can help.
Our Internet law team can:
- ⊚ Guide you, step-by-step, through the business formation process.
- ⊚ Answer legal questions about online review conflicts.
- ⊚ Assist with private label or e-commerce matters (suspensions, counterfeiting, hijacking, compliance, et cetera).
- ⊚ Provide general counsel to businesses.
- ⊚ Perform marketing reviews to avoid large FTC or FDA fines.
- ⊚ Answer questions or concerns regarding Internet laws.
- ⊚ Get defamatory content and reviews removed from the Web.
The Basics: What Do Internet Law Attorneys Do?
What do Internet law attorneys do? Kelly / Warner lawyers are well versed in case law, compliance matters, and regulations regarding online defamation, trade libel, unfair competition, cybersquatting, piracy, online privacy, esports, and Internet marketing.
- ⊚ Assist websites and companies with DMCA takedown request procedures.
- ⊚ Oversee and advocate for various online copyright, trademark, and other domain disputes.
- ⊚ Help you respond to an illegal downloading letter.
- ⊚ Ensure that your gaming company is operating legitimately.
- ⊚ Act as the online privacy agent for your business, in the event of a security breach.
- ⊚ Act as advocate and counsel during revenge porn, cyberbullying and online harassment challenges.
- ⊚ Take care of any legal issue related to the Internet or technology.
Internet Law FAQ
Am I accountable for untrue user statements posted on my website?
Section 230 of the Communications Decency Act protects Internet service providers, hosts, and websites from third-party defamation liability. Case law is definitive on the matter: websites are not responsible for users' defamatory posts. Yes, a couple of plaintiffs have successfully skirted Section 230 parameters, in trial court, and won defamation claims against ISPs (i.e., Sarah Jones v. TheDirty.com). However, judges overturned those decisions on appeal.
My site is for adults. How do I protect against liability if minors lie about their age?
Online age verification can be an obstacle. Operators ask: “How is it possible to keep minors off a site? If I fail, will I be held responsible for something I tried to prevent?”
Thankfully, lawmakers understand the predicament, and it's acceptable to avoid age-related online privacy regulations by catering to adults. That said, the law requires mature-audience websites to minimize their appeal to minors. Websites that want to discourage underage use should consider the following:
- ⊚ Design. The Federal Trade Commission considers aesthetics when investigating “unfair and deceptive” marketing cases. If your site uses graphics that appeal to a younger audience, it could be – and in the past has been – considered an underhanded method to attract minors.
- ⊚ Conspicuous Disclosures. If you genuinely don’t want people under a certain age interacting with your site, implement an acknowledgement step. Before any security or check-out process, make sure there's a required age acknowledgement agreement.
- ⊚ Use policies that conspicuously dictate the platform’s age rules. Many free website terms don’t include age provisions. Hire an Internet law attorney to draft policies and terms specific to your business and target demographic. It's not that expensive, and it will save you in the long run.
How can I get rid of inaccurate, misleading posts about my business?
To gain edge, some businesses use smear trolls to bad-mouth competitors online. Often, the practice amounts to libel. To win a business defamation claim, at the very least, plaintiffs must prove that:
- ⊚ The defendants made a negligent, false, unprivileged statement of fact that caused material or reputational harm.
- ⊚ The statements were about the plaintiffs.
- ⊚ The detractors acted negligently or with actual malice.
Are Terms of Service Agreements Required For Websites?
The best thing to do – especially if you run a commercial website – is to have a contract drafted, by an Internet lawyer, specific to your operation. Because remember, not only do you have to worry about state and federal laws, but sometimes international standards.
Here’s a list of common website contracts and policies.
- ⊚ Legal Disclaimer. It’s a good idea to include a legal disclaimer on your website – especially if you’re marketing something. To learn what types of disclosures you need for online privacy policies, read about:
- ⊚ Dot Com Disclosures: This link will take you to a list of blog posts about the Federal Trade Commission’s online promotional disclosure bible – the Dot Com Disclosures.
- ⊚ COPPA: The Children’s Online Privacy Protection Act protects minors online. COPPA parameters do affect how digital marketing campaigns are structured and distributed.
- ⊚ Gramm-Leech-Bliley: Several privacy regulations govern the handling of financial data -- the bulk of which is outlined in the Financial Modernization Act, a.k.a., the Gramm-Leech-Bliley Act.
I have installed the latest encryption. If hackers attack, and personal information is stolen, will my company be held liable?
It depends. Yes, sometimes companies are held responsible for being hacked. Sometimes, not. It depends on the exact nature of the incident.
Over the past two decades, legislators have passed several regulations regarding the collection of personal and financial data. They’ve also green lit measures designed to curb online hacking and Internet espionage.
The two main federal laws affecting hacks and their aftermaths are:
- ⊚ The Computer Fraud and Abuse Act: This is the main law used to prosecute people involved in unauthorized digital breaches – a.k.a., hacking incidents.
- ⊚ The Gramm–Leach–Bliley Act (GLB): Also called the Financial Modernization Act, the GLB includes a section about safeguarding personal financial data. In the event of a hack, certain GLB provisions may apply. Consult with an Internet lawyer who understands security breaches. He or she can walk you, step-by-step, through the post-hack notification process.
In addition to the federal statutes, states have various laws governing digital security breaches and their aftermaths. For example, click here to read about Arizona’s data breach notification law.
Best practice advice: Establish legal counsel before a data security breach. Having a privacy officer on your side may mitigate government penalties in the event of an attack.