CAN-SPAM Act Practice Guide
State Security Breach Handbook
About the Treatise
How to use this Treatise
• Blogs, wiki, social networks, and User-Generated Content (UGC)
sites – plus, new legal developments and best practices
• Liability risks of UGC sites under multiple theories of law, including copyright,
trade secret, patent, defamation, and child pornography reporting laws
• Successful strategies and common mistakes made in choosing between alternative remedies to combat cybersquatting
• Making sense of case law on the Internet contracts and Terms of Use,
including when and why TOU will be found unenforceable, and liquidated damages, arbitration, and class action waiver decisions
• Lanham Act circuit splits on initial interest confusion, nominative fair
use,and sponsored links
• Understanding preemption doctrines that bar seemingly good Internet lawsuits
How-to-do-it Guidance
Newly Revised Information
Extensive New Treatment
Thorough Analysis
WHAT'S INSIDE
• The impact of new rulings from the 5th, 7th, and 9th Circuits on the scope
  of the CDA exemption
• New CAN-SPAM Act regulations and recent case law
• Secondary trademark liability and the impact of Tiffany, Inc. v. eBay, Inc.
• In rem jurisdiction in domain name cases and why Zippo Dot Com is often not
  the correct test for jurisdiction in other disputes
• The unprecedented expansion of the Domain Name System in 2009

• Catalogs of state statutes on e-mail marketing, Internet security, and identity theft
• Digital Millennium Copyright Act and its application to UGC sites
• Database protection and laws governing screen scraping
• Widespread Internet practices that in fact increase a company’s risk of liability
• Patchwork of state laws on privacy, security, anonymity, and pseudonymity
• Internet advertising; antitrust law; online gambling, contests and promotions;
  online banking; securities; domain name parking and tasting; and valuing
  domain names
• Spamming, phishing, meta tags, consumer gripe sites, screen scraping,
 sponsored links, affiliate marketing, advertiser liability, and Internet class actions
Exhaustive analysis of security breach notification laws in 44 states and three
U.S. territories with a practical road map for responding to different types of data
breaches on a national basis (and conducting pre-breach audits)
• How to compel the disclosure of anonymous and pseudonymous tortfeasors
and infringers – and avoid common pitfalls
• Common mistakes in Internet licenses, contracts, and privacy policies,
including drafting tips
• New or updated forms, checklists, and appendix materials
This up-to-date, reorganized new edition offers an unparalleled reference and practical
resource – the complete authority on e-commerce and Internet law for business lawyers and litigators.
E-Commerce & Internet Law
I a n C. B a l l o n
Table of Contents
About the Treatise
Treatise Excerpts
Detailed Index
About the Author
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