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Everyone uses the internet nowadays, considering the number of possibilities on the web compared to decades ago.
Today, people use the internet to stay connected with family and friends via social media and more all over the world, research information on nearly anything, operate businesses, and even buy items.
However, the internet has also been afflicted with criminal activity and more that is considered unlawful, such as hackers creating viruses and other issues.
Identity theft, bank fraud, and even copyright infringement are other types of criminal activity that plague the internet today.
The good news is that there are internet laws in place to protect those using it all while combating these internet crimes.
Internet Law Defined
So, what exactly is internet law?
Internet law pertains to legal issues associated with internet use.
Internet law is also referred to as cyberlaw and incorporates guidelines and principles from various law sectors, such as privacy law, contract law, and traditional law.
As the use of the internet increases, so does criminal activity, thus making internet laws an effective solution to combat this complicated area of the internet.
Both federal and state laws have now been altered, including new statutes.
Types of Internet Law Statutes
1. Child Pornography Prevention Act
The first type of law that is used to govern internet use is the Child Pornography Prevention Act.
This law holds those who distribute, produce, and purchase videos and pictures, including sexual images of children, responsible.
Those who engage in these acts can and will be faced with extreme fines, penalties, and imprisonment, especially those with a criminal background that includes child pornography or sexual abuse.
2. Computer Fraud & Abuse Act
The Computer Fraud and Abuse Act was put into place in 1986.
It has been revised to tackle criminal internet hacking and help protect confidential information.
Some of these offenses include cyberstalking and hacking.
The following lists various types of CFAA violations:
- Software piracy: This means distributing software that is copyrighted unlawfully
- Cyberstalking: Cyberstalking refers to using a computer to threaten or harass someone else.
- Data breaches: Access that is unauthorized to another device and/or theft of information that is private or confidential.
- Hacking: Retrieving information from a computer without permission with the intent to steal information or disrupt a network.
- Employee misappropriation of computer data: Employees who use company devices for their own personal enjoyment and/or to transfer private information to another competitor are breaking the law, which is considered illegal, and employee misappropriation of computer data.
3. Cyberbullying Law
While teens are technically the main victims of cyberbullying, it’s not unheard of for adults to be victims too.
Here are several examples of what cyberbullying looks like:
- Impersonating an individual while posting messages or images on the internet that are inappropriate
- Generating a blog and using that blog to embarrass the victim
While there are currently no federal laws that specifically address cyberbullying, there are some states, such as Arizona, that consider it illegal behavior.
Those who are guilty of cyberbullying may be charged with fines and face possible jail time.
Additionally, there are cyber harassment attorneys who state that cyberbullying can be labeled as other crimes, including stalking, harassment, felonious assault, and more.
4. Data Privacy Law
Data privacy law is another type of internet law.
Businesses that run e-commerce and other online stores require data use notices if they choose to collect private information on their sites.
So, if you own an online store, you can reach out to an e-commerce lawyer to get more information so you can ensure you are on the right track.
E-commerce attorneys will ensure that the information you post on your site outlines the reasons for collecting data.
Any information that you collect through cookies or other discreet programs must be mentioned.
Additionally, the user must agree by opting in to any other data that is going to be used for other reasons.
5. Copyright Act
The Copyright Act is another form of internet law.
It specifically means theft of intellectual property.
With the internet came social media.
With social media came unlawful people who thrive on engaging in criminal activity.
Many of these immoral individuals target content creators and influencers.
The good news is that the Copyright Act protects them.
If you happen to be a content creator or influencer, you have the right to hire a social media attorney to represent you if you become a victim of stolen content.
Computer programs are also at high risk of being stolen.
The best way to prevent becoming a victim is by working with a patent attorney to copyright and trademark your signs, logos, websites, and content.
Top Internet Law Issues
Here are some of the most common internet law issues that exist today:
1. Domain Name Disputes
Domain names are typed into the address bar of a web browser and are considered web addresses.
These web addresses give visitors access to a company’s website.
Most of the time, a domain name is associated with the company name or the services a company offers.
Unfortunately, disputes concerning domain names can arise.
This typically occurs when companies battle over ownership of a certain domain name.
Domain theft is the legal term for a person who changes the registration of a domain name without seeking permission from the original domain owner.
Recovering domains that have been stolen can be time-consuming and challenging since there are no federal laws that hold criminals responsible.
2. Copyright Infringement
Using another website’s images without their permission is considered copyright infringement.
Other types of copyright infringement are using programming scripts and website content without seeking the original owner’s permission first.
3. Trademark Infringement
Issues with trademark infringement arise because it is entirely easy for users to remain anonymous.
Shady companies can steal another company’s trademark to confuse others and falsely associate themselves with a company’s services or products.
There are many instances where infringement is difficult to prove.
4. Defamation
There are defamation laws in place that were created to protect citizens from false accusations that are made against them.
These statements can come from blogs, chat rooms, social media, and other sites around the internet.
However, it is also difficult, but not impossible, to prove internet defamation claims.
5. Service Provider Liability
ISPs, also known as Internet Service Providers, are legally responsible if they are aware that their users are engaging in illegal activity and fail to take action.
They turn a blind eye to claims that are going on among their users.
The Importance of Regulating the Internet
As mentioned earlier, internet laws were put into place to limit or control certain types of information that can be found on the internet.
While it may be seen as a limitation on freedom of speech, these laws are necessary to prevent criminal activities, the spread of false information, and danger to children and other vulnerable people.
Prevention of Identity Theft
Because identity theft is such a huge problem due to the increase in information that can be found online, many criminals seek to benefit from it.
However, there are laws in place to prevent these incidents from occurring.
Various websites have security measures in place to protect the personal data of those using the site.
Banning False Information
The internet is full of false and untrustworthy information and news that was exaggerated following the pandemic.
This created unnecessary panic in people during a time that was already uncertain.
The good news is that many countries, including the U.S., have begun monitoring content online even closely than before, specifically on social media sites such as Facebook and Twitter.
By doing so, they hope to prevent the spread of false information and more.
Preventing Dangerous Activities
Many search engines open up the door to the Dark Web, where many illegal activities occur.
Some of these illegal activities include child pornography, sex trafficking, and other illegal activities that are being put on display.
With that being said, it is important to stress how critical internet laws are in hopes of banning criminal activities that can cause harm.
Frequently Asked Questions
Do I need to hire a lawyer for violation of internet laws?
Whether you need to hire an attorney for a violation of internet law varies depending on your unique situation.
For instance, if you are battling legal issues such as domain name problems, defamation on the internet, or cybersecurity breaches, hiring representation is recommended.
But if you are dealing with simpler issues, such as a standard privacy policy, a lawyer may not be necessary.
What can websites do to avoid deceptive and unfair marketing practices?
Falsely labeling an item as organic or natural, making false statements about services or products, and making fake news websites or purchasing reviews are considered unfair and deceptive marketing.
To avoid engaging in unfair and deceptive marketing, companies that have online websites can do the following:
- Make any disclosures clear
- Be honest about sponsors, partnerships, and endorsements
- Accept responsibility for freelance marketers
- Avoid starting a new company with a new name following an FTC investigation
What are some basic principles to follow regarding internet defamation?
Remember that there are state and federal laws regarding defamation.
In knowing that, here are some principles to keep in mind:
- An opinion is not considered libel or slander under U.S. law. However, if the opinion is combined with deception, it can be defined as defamation.
- To be successful in a libel case, you must be able to prove that a claim made against you was negligent, false, or harmful.
- Many libel cases that occur online are settled outside of court.
- The rules are different for public figures and famous people. Famous people must have a higher level or quality of evidence when pressing charges against someone for libel or slander.
- The truth can be used as protection in libel and slander cases.
One of the challenges in internet law is keeping up with rapid technological advancements and the resulting legal implications, making it an intellectually stimulating field.
With the Internet’s global nature, internet lawyers often work on international cases and cooperate with legal experts worldwide.