This Part 1 of a 2-part presentation surveys several five laws that may be applicable to those who transact or conduct a lot of business online. In Part 1, the Communications Decency Act, Digital Millennium Copyright Act, Children's Online Privacy Protection Act, Federal Trade Commission Act Section 5, and CAN-SPAM Act are reviewed.

1. PART I: Laws 1 – 5
Presented by Ryan K. Hew, Attorney at Law, LLLC
A Hawaii Limited Liability Law Company
Last updated: October 22, 2013

2. DISCLAIMER
The information provided in this
presentation is provided as non-specific
general legal information, and should
not be construed as legal advice for any
particular situation. The information
provided here should not be relied on
for any action or omission by the user.
 If you are in need of legal advice or
assistance please seek an attorney in
your relevant jurisdiction to help you
with your specific matter.


3. Purpose
This presentation is mainly to provide
information on laws that may be relevant
or applicable to a business that
conducts interactions online.
 Consider this only a starting point if you
are web retailer, a social media
marketer/consultant, and/or online
service provider.


4. Limitations on the Purpose
The presentation is only a survey, as
every business is unique, and there may
be further laws and/or regulations that
apply.
 This presentation makes no comment
about applicability to a law to your
specific situation.
 Consult an attorney or specialist for
implementation/compliance purposes.


5. Outline


1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Each law will be covered briefly on: (a) what is the law;
and (b) an example of its use/applies or steps to comply.
The Ten Laws:
Communications Decency Act (CDA)
Digital Millennium Copyright Act (DMCA)
Children’s Online Privacy Protection Act (COPPA)
Section 5 of the Federal Trade Commission Act
CAN-SPAM Act
Stored Communications Act (SCA)
Computer Fraud and Abuse Act (CFAA)
State Laws on Security Breach Notification
Uniform Electronic Transactions Act (UETA)
Electronic Signatures in Global and National Commerce
Act (E-Sign)

6. Communications Decency Act
(CDA)

The CDA, 47 U.S.C. § 230, is meant for
internet service providers (ISPs), hosting
providers, and other intermediaries by
affording them protection against liability
when content is created/supplied by 3rd
party users on their service.

7. Communications Decency Act
(CDA)

A review site that allows its users to
share their reviews of businesses in an
online forum is unlikely to be found to be
liable for use of trademark by the
detractors due to the CDA; defense to
trademark infringement.

8. Digital Millennium Copyright Act (DMCA)

The notice-and-take down feature for
copyrighted material of DMCA, 17
U.S.C. § 512 provides online service
providers protection from liability by
allowing a process for copyright holders
to notify the provide of infringing
copyrighted material.

9. Digital Millennium Copyright Act (DMCA)

If a video hosting site allows users to
upload videos, and those videos contain
unauthorized copies of music, images,
movies, etc . . . the copyright holder may
issue a notice and takedown request to
the hosting site, so long as the hosting
site promptly removes or disables
access to the infringing copyrighted
material.

10. Children’s Online Privacy
Protection Act (COPPA)
COPPA, 15 U.S.C. §§ 6501-05, is meant
to protect children by placing regulations
on the way their personal information is
collected online.
 If you are a website that collects
information from children 13 and under
there are certain operational procedures
you must take to comply.


11. Children’s Online Privacy
Protection Act (COPPA)

1.
2.
3.
4.
5.
If COPPA applies to a website, the operator
must:
Post notice of info practices;
Reasonable efforts to obtain “verifiable
parental consent” before getting child’s
information;
Give parent the opportunity to review and
ability to delete that information;
Cannot collect more information from child
than necessary; and
Reasonable procedures to prevent
unauthorized access to collected info.

12. Section 5 of the Federal Trade Commission Act
Section 5 of the FTCA, in conjunction
with state unfair and deceptive acts
law, work to prevent false
advertising, deception, fraud, unfairness,
and other practices by businesses that
are harmful to consumers.
 A very, basic gist is do NOT lie or
misdirect consumers of what you are
selling them online.


13. Section 5 of the Federal Trade Commission Act
The FTC has been active in trying to
prevent online transactions that are
deemed unfair or deceptive.
 Often times this is against businesses
that do not provide protection for
consumers’ credit card numbers,
financial information, etc . . . or to those
that do not follow their own website
policies.


14. CAN-SPAM Act

The CAN-SPAM Act is meant to prevent
SPAM, the unsolicited commercial
emails you get, not the canned meat
(Hawaii humor). Under 15 U.S.C. §§
7701-13 and 18 U.S.C. § 1037 a seller
has certain obligations when using email
as a marketing tool.

15. CAN-SPAM Act
1.
2.
3.
Certain acts and messaging are prohibited,
such as misleading headers or subject lines,
unauthorized relaying of spam thru a 3rd party
server, and assisting violators of the law.
You MUST include in the message the
sender’s physical mailing address, an online
opt-out (“unsubscribe”), and that the message
is an “advertisement” or “solicitation”.
CAN-SPAM Act preempts state law, so you
are likely looking at Federal Trade
Commission (FTC) enforcement. Individuals
cannot bring a suit under this law.

16. END OF PART I
PART II of this Presentation contains the
following laws:
1. Stored Communications Act (SCA)
2. Computer Fraud and Abuse Act (CFAA)
3. State Laws on Security Breach Notification
4. Uniform Electronic Transactions Act
(UETA)
5. Electronic Signatures in Global and
National Commerce Act (E-Sign)

17. Further Resources
My website: www.hawaiiesquire.com
contains further information on some of
the laws listed in this presentation.
 CAN-SPAM Act infographic:
http://bit.ly/1ibgr2Q
 What is a Copyright? One-sheet:
http://bit.ly/1ibgueZ
 Policies and Contracts Presentation:
http://slidesha.re/1ibgjjM


18. THE END
Mahalo for viewing my presentation.
If you have questions or comments please
email me at ryankhew@hawaiiesquire.com
Like this presentation? Connect with me:
Twitter: @Rkhewesq; Instagram: Rkhewesq
Facebook:
www.facebook.com/RyanKHewEsq
LinkedIn: www.linkedin.com/in/hawaiiesquire
My website & blog: www.hawaiiesquire.com