The document summarizes key issues in e-commerce law from the perspective of American entrepreneurs. It discusses initial attempts to regulate the internet by protecting consumers, debates around revising Communications Decency Act immunity, and concerns around capital, consumers, and competition from clients. Emerging issues covered include crowdfunding regulations, privacy practices, enforcement actions, blogger disclosures, and domain name issues like counterfeiting and cyber-smearing.

1. 2012 US-China Legal Exchange
E-Commerce Legal Issues
Perspective from American Entrepreneurs
Bennet Kelley

3. • 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

4. Photo: © Inspe | Stock Free Images & Dreamstime Stock Photos

7. • Debate over whether
Communications
Decency Act Immunity
should be revised?

9. CLIENT CONCERNS
CAPITAL CONSUMERS COMPETITION

10. US Securities Law Rooted in
DDReaction 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

11. EMERGING
ISSUE
Oxford English Dictionary
the practice of funding a project or venture by
raising many small amounts of money from a
large number of people, typically via the Internet.

12. • 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

13. Photo: © Inspe | Stock Free Images & Dreamstime Stock Photos

15. [Industry] self-regulation of privacy has
not worked adequately and is not
working adequately for Americans
consumers. We deserve far better from
the companies we entrust our data to,
and industry, as a whole, must do better.
FTC Chairman Jon Leibowitz

16. • Easily Understandable Policies
• Use Consistent with Collection
• Secure and Responsible
Handling of Data
• Access to Ensure Accuracy
• Focused Collection
• Accountability

18. • 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)

19. • Blogger Disclosure
of Paid Relationship
• Updating DotCom
Disclosures for
EMERGING
ISSUE Social Media

20. AFP PHOTO/ KARIM JAAFAR

21. • New gTLDs and
Domain Name Issues
• Counterfeiting
– Nearly 800 Domain Names
Seized in last 2 years
• Cyber-Smearing

22. +
• 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.

23. Internet Law Center