Ian C. Ballon
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    • Anticipating the Flood of Cybersecurity Litigation
    • Decision Upholding Santa Monica Ordinance Too Narrowly Construes Section 230(c)(1) of the CDA



What's Inside
This up-to-date, reorganized second edition of the five volume legal treatise  offers an unparalleled reference and practical resource – the complete authority on e-commerce and Internet law for business lawyers and litigators.
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Newly Revised Information
  • Catalogs of state statutes on e-mail marketing, Internet security, and identity theft
  • Digital Millennium Copyright Act and its application to UGC sites, the cloud and mobile platforms
  • 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
How-to-do-it Guidance
  • Exhaustive analysis of security breach notification laws in 46 states and four 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

Thorough Analysis
  • The impact of new rulings from the 5th, 7th, and 9th Circuits on the scope of the CDA exemption
  • 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 
Extensive New Treatment
  • 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 cybers-quatting
  • 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
Co-Authors
How To Use
List of Chapters
Index

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  • Home
  • About The Author
  • About The Treatise
  • Publications
  • 2020 Updates
  • Contact
  • Recent Articles
    • Anticipating the Flood of Cybersecurity Litigation
    • Decision Upholding Santa Monica Ordinance Too Narrowly Construes Section 230(c)(1) of the CDA