Ecommerce legal exchange beijing

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Ecommerce legal exchange beijing

  1. 1. 2012 US-China Legal ExchangeE-Commerce Legal IssuesPerspective from American EntrepreneursBennet Kelley
  2. 2. • Initial Attempts To Regulate Focused On Threats To Viability Of Frontier – – E.g., Protecting Consumers So They Feel Safe On Internet• Usually Enacted Through Consensus With Government & Business
  3. 3. Photo: © Inspe | Stock Free Images & Dreamstime Stock Photos
  4. 4. • Debate over whether Communications Decency Act Immunity should be revised?
  5. 5. CLIENT CONCERNS CAPITAL CONSUMERS COMPETITION
  6. 6. US Securities Law Rooted inDDReaction to 1929 Stock Market Crash. Until they are traded on a public stock exchange, start-ups source of money limited to: • Financial institutions • Wealthy Individuals • Friends and Family • Debt
  7. 7. EMERGING ISSUEOxford English Dictionarythe practice of funding a project or venture byraising many small amounts of money from alarge number of people, typically via the Internet.
  8. 8. • Only sought $100,000• Donors received perks, but no equity• JOBS Act In 2013, can issue securities to raise up to $1M via crowd-funding
  9. 9. Photo: © Inspe | Stock Free Images & Dreamstime Stock Photos
  10. 10. [Industry] self-regulation of privacy hasnot worked adequately and is notworking adequately for Americansconsumers. We deserve far better fromthe companies we entrust our data to,and industry, as a whole, must do better. FTC Chairman Jon Leibowitz
  11. 11. • Easily Understandable Policies• Use Consistent with Collection• Secure and Responsible Handling of Data• Access to Ensure Accuracy• Focused Collection• Accountability
  12. 12. • Federal – Google Pays $22.5 Million Fine to FTC (August 2012)• State – California Attorney General announces creation of Privacy Enforcement Unit (July 2012) – New President of National Association of Attorneys General to make privacy top priority (August 2012)
  13. 13. • Blogger Disclosure of Paid Relationship • Updating DotCom Disclosures forEMERGING ISSUE Social Media
  14. 14. AFP PHOTO/ KARIM JAAFAR
  15. 15. • New gTLDs and Domain Name Issues• Counterfeiting – Nearly 800 Domain Names Seized in last 2 years• Cyber-Smearing
  16. 16. +• Founder of Internet Law Center in Santa Monica• Former Co-Chair of California Bar Cyberspace Committee. Launched effort and contributed to development of primer on cyber law for state policymakers.• Host of Cyber Law & Business Report on WebmasterRadio.fm (Weds at 10-11AM PT).• Publisher of Cyber Report newsletter which won top prize at 2011 LA Press Club Awards and named a top source for internet law.• Award-winning columnist.
  17. 17. Internet Law Center

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