This Part 2 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 2, the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), State Laws on Security Breach Notification, Uniform Electronic Transactions Act (UETA), andElectronic Signatures in Global and National Commerce Act (E-Sign) are reviewed.

1. PART II: Laws 6 – 10
Presented by Ryan K. Hew, Attorney at Law, LLLC
A Hawaii Limited Liability Law Company
Last updated: October 23, 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
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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. PART I COVERED
Communications Decency Act (CDA)
2. Digital Millennium Copyright Act
(DMCA)
3. Children’s Online Privacy Protection Act
(COPPA)
4. Section 5 of the Federal Trade
Commission Act
5. CAN-SPAM Act
1.

7. Stored Communications Act
(SCA)

18 U.S.C. §§ 2701-11 prevents the
government from gaining access to the
contents of electronic
communications, unless it obtains a
search warrant. The law is mainly
concerned with the right of service
providers to disclose these
communications under their control.

8. Stored Communications Act
(SCA)
Businesses should be concerned about the
SCA, as employers may be liable for
unauthorized access to their employees/
personal electronic accounts, including
email, social media, etc . . . via companyissued devices.
 Good tech and social media policies
generally protect employers, but overreach
by an employer should be a concerned
when it comes to personal accounts.


9. State Laws on Security Breach
Notification
Hawaii Revised Statute (HRS) § 487N-2
provides that a business that maintains
personal information must send a notice
when there has been a security breach
that may expose personal information to
unauthorized access to those affected.
 As of the date of this presentation, 45
other states have similar laws.


10. State Laws on Security Breach
Notification

The notice has to be clear and conspicuous
and describe the following:
1.
2.
3.
4.
5.

Incident in general terms;
Type of personal info subject to unauthorized
access;
General acts the business is taking to prevent
further unauthorized access;
A telephone number that people can call for info
and help;
Advice that the person should review/monitor
account statements and free credit reports.
The law also provides on how notice may be
sent to affected individuals.

11. Computer Fraud and Abuse Act
(CFAA)

18 U.S.C. § 1030 makes it a crime to do
specific instructions into another’s
computer – the general ypes of
intrusions that are illegal include:
 Intentional unauthorized access; defrauding;
causing damage to another computer;
trafficking in passwords; and extortion.

12. Computer Fraud and Abuse Act
(CFAA)
Businesses should be aware as the
CFAA can be used from just ordinary
snooping to cases of industrial and
commercial spying as it gives a private
cause of action for persons harmed by a
violation of the law.
 If the person suffers a loss of $5,000 or
certain types of harm are involved.


13. Uniform Electronic Transactions Act
(UETA)
UETA and E-Sign (the following side)
are a series of laws that are designed to
promote contracting via electronic
means.
 UETA is a state-enacted law.
 UETA can be found in the HRS at
Chapter 489E.


14. Electronic Signatures in Global and National
Commerce Act (E-Sign)
E-Sign is the federal law that is meant to
also facilitate contracting through
electronic methods.
 However, E-Sign appleis to transactions
in interstate commerce.
 Further, for consumer transactions to fall
udner E-Sign, there are extensive
consumer-consent procedures to follow.


15. Online Contracting

In the law, prior to UETA and E-Sign
agreements could only be contractually
binding through signature and if in
writing. BUT the internet has no
handwritten signatures and no physical
writings. Instead, UETA and E-Sign
allows “electronic records” as the
“writing” and an “electronic signature” to
satisfy the “signature” requirement.

16. Online Contracting
UETA and E-Sign do NOT automatically
make an electronic online document an
enforceable contract.
 All they do is remove the
unenforceability due to lack of
“signature” and “writing”.
 For terms and conditions to be binding
in a browsewrap agreement, a business
should consult with an expert.


17. Further Resources
My website: www.hawaiiesquire.com
contains further information on some of
the laws listed in this presentation.
 Draw the Law and Boilerplate Blurb
posts on my site cover Contract
concepts.
 Policies and Contracts Presentation:
http://slidesha.re/1ibgjjM


18. THE END
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