Category: Internet Law

In 1986, Congress enacted the Computer Fraud and Abuse Act (“CFAA”). See 18 U.S.C. § 1030, et seq. The CFAA is one of the major federal statutes that empowers the federal government to seek criminal penalties against hackers and cybercriminals. The statute has also been used to punish employees and others who “misuse” computers to […]

In late March 2020, all provisions of the New York SHIELD Act went into effect. This is New York’s amended data privacy and cybersecurity law. “SHIELD” is an acronym for Stop Hacks and Improve Electronic Data Security. Like many similar statutes recently enacted, the SHIELD Act not only applies to New York businesses, but also […]

Recent events will significantly spur the use of telemedicine. The last two decades have already seen a surge in the use of telemedicine prompted by the advent of economical person-to-person video transmissions. Telemedicine has been a revolution in medical examinations, consultations, and treatment. For example, the Veteran’s Administration recently expanded the use of telemedicine for […]

Recently, the California Attorney General’s Office (“AG”) issued two sets of modifications to the regulations that are meant to govern application and enforcement of the California Consumer Privacy Act of 2018 (“CCPA”). An original set of proposed regulations was issued in October 2019. A second set was issued on February 7, 2020 and then a […]

With the looming costs of any sort of data breach, data loss, or exfiltration, cybersecurity has become a key focus of due diligence in recent mergers and acquisitions. Specific representations and warranties about data security are now routine in M&A Purchase Agreements. Only a few years ago, there were almost no provisions in a Purchase […]

  The Securities and Exchange Commission (“SEC”) has just issued a new comprehensive guidance on the methods that businesses and not-for-profit organizations should be using to guard against hacking, ransomware and other malicious and criminal attempts to exfiltrate company data and consumer information. See here. If your data and your computer systems are vulnerable, your […]

  For the last couple of years, biometric data has been at the forefront of the legal battles about protecting consumer privacy. Consumers are beginning to understand how much biometric data is collected by businesses and government. Businesses are now routinely using fingerprints for time clock management and for building security purposes. Law enforcement and […]

  Seizing an Infringer’s Domain Name is an Effective Method of Combating Infringement When your business is confronted with infringement of copyrights, trademarks and/or other IP, one of the most effective remedies for stopping the infringement is suing and asking the court to order the transfer of the infringer’s domain name to your business. This […]

  Many businesses use automated text messaging and direct cellphone calls with customers as a major part of their sales and marketing. However, these direct marketing strategies can be legally risky. Automated calls or texts made to cellphones are regulated by the Telephone Consumer Protection Act (“TCPA”) passed in 1991. See 47 U.S.C. § 227 […]

  More than ever before, third-party sellers on Amazon are generating higher levels of sales.  In 2018, small and midsize businesses (SMBs) made $1 million more in sales than they had in 2017.  In addition, the number of small and medium businesses operating as third-party sellers skyrocketed.  At first glance, this is a win-win result […]