By Alissa Arford-Leyl
Web Wise
Legal Aspects of the Internet
Over the past few years, legal issues relating to the Internet have become a worldwide concern. Specific laws governing the Internet have only recently taken form, and it is often difficult to relate existing laws to this unique form of communication. Given the ability of all countries to access and post information on the Internet, many companies have been dealing with trademark and copyright infringement, and liability concerns with no true means of enforcement.
Trademark
Trademark infringement occurs when a third party's activities create a "likelihood of confusion" concerning the origin of the third party's goods or services in comparison to yours. For instance, members of the Automotive Service Association (ASA) can use the trademarked ASA logo on their Web sites. However, the ASA logo placed on a Web site of a shop that is not an ASA member would be trademark infringement.
For small trademark violations, sending polite e-mails requesting the removal of the questionable marks will usually work; otherwise a "cease and desist" letter may be necessary.
If these avenues are unsuccessful, you can file suit to protect your trademarks or copyrights. When using trademarks or material you've found on other sites, ask for permission and always cite the source of information.
Copyright
Copyrights are created by authors of "original works of authorship." Protection attaches to a work from the time it is created in fixed form. For our purposes, the fixed form is the hypertext mark-up language (html) code.
The United Nations is in the process of ratifying two accords on international copyright - the World Intellectual Property Organization (WIPO) Copyright and the Performance and Phonograms treaties. Congress is moving to adjust U.S. laws to comply, though the treaties would have little effect on U.S. policy. World-wide copyright would be protected on the Internet for the first time in many countries, and the use of equipment that overrides data scrambling and digital watermark technologies would be outlawed.
A common Web copyright question is: "Do I own the copyright if I pay someone to design my Web site for me?" If someone in your company designs the site, you own the copyright because it's designed by an employee on your behalf. When using independent contractors, you own the copyright only if the work is contracted out as "work-for-hire" or the author assigns all rights for the work to you.
It's a good idea to put copyright notices on all of your Web pages, but it is not necessary in order to get copyright protection. To copyright the format of the information on your Web site, print each page (fixed form) from the browser and get copies of your html files.
Rights & regulations
The Communications Decency Act (CDA), in the Telecommunications Act of 1996, was a federal law that attempted to censor the Internet and impose criminal penalties against people offering "indecent" content. The CDA was found in violation of the fundamental right of freedom of expression and declared unconstitutional by the U.S. Supreme Court this past summer.
Even though freedom of speech on the Internet is guaranteed, defamation and false advertising on the Internet can be prosecuted. Defamation consists of the related torts of libel (written statements) or slander (oral statements), which involve a false statement tending to injure the reputation of another. The law of libel can be applied to online communications, to the extent that the communications were exchanged in a textual format.
Internet Service Providers (ISPs) generally do not have liability for their subscribers or for carrying defamatory materials of which they have no knowledge, but legislation is pending on the matter. If an ISP or Webmaster attempts to edit materials, they may face more liability than having done nothing.
Many parents are looking to Internet filter programs to block out X-rated Web sites. Software like CYBERsitter and Cyber Snoop are designed to filter and block adult-oriented material, graphics and language from Internet news groups, chat areas, World Wide Web pages and e-mail.
Privacy
A major concern for Internet users is privacy and legal rights on the Internet and intranets. Does your company's computer system contain personally identifiable information, like e-mail and transaction records? How was this information obtained and did users consent to the collection?
Generally, an employer may monitor the e-mail of its employees. Even though the Electronic Communications Privacy Act (ECPA) protects e-mail communications from being viewed by third parties, there is an exception for monitoring communications in the ordinary course of business. To protect themselves from liability (sexual harassment, employee misconduct) many employers are taking proactive measures to monitor Internet and e-mail use.
Many employees seek recourse against e-mail monitoring under the common law right of action known as invasion of privacy. Most courts have been unwilling to find employer liability under this theory, usually deciding that the use of e-mail in a work environment does not carry a reasonable expectation of privacy. Employers should adopt clear policies reagarding the use of e-mail and have employees sign a consent form acknowledging that monitoring will take place.
Some companies may sell personal information gathered on the Web, so check for disclaimers stating that your information will not be sold when filling out forms. Also, when submitting credit card and social security numbers, do so only on secure Web pages whenever possible. Interception of information is not likely, but it is possible given the parameters of the Internet.
Geek Speak
No Electronic Theft (NET) Act of 1997: Legislation that would extend criminal penalties to large-scale copyright violations (copying and distributing software) on and off the Internet.
Cookie: a small data file stored on the hard drive containing information about various Web sites you have visited.
ASA Web Ways
Automotive Professionals can post FREE employment classified ads at the ASA Web site.
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