Internet law, sometimes called cyber law, is a term used to describe the legal regulations and principles governing internet use. Unfortunately, internet laws aren’t always straightforward or clear. There are a few reasons for this.

For example, the internet is still somewhat new and continues to evolve. Because of this, legal frameworks struggle to ensure that internet laws and regulations remain relevant. Also, internet law is something that uses principles from several legal fields. An example is contract law or privacy laws, which pre-date the internet. These are laws that are also open to interpretation.

Local, State, and Global Internet Laws: Differences That Cause Issues and Confusion

Unlike other legal matters, there’s not a single law to regulate online privacy. When you begin looking into internet law, you will discover that an array of federal and state laws applies. Also, some jurisdictions worldwide have unique interpretations of internet laws and how to apply them. The Trans-Pacific Partnership Agreement was created to help create worldwide regulations, but something the U.S. wound up dropping out of.

When it comes to internet law and internet regulation, there’s no globally accepted set of “rules.” While this is true, getting to know more about internet law, how it applies to private and public entities, and internet users’ rights and responsibilities can be beneficial. This information can be invaluable if you are charged with an internet-related crime, such as computer fraud, child pornography, or another online crime. If you are in this situation, it’s recommended that you contact a law firm with experience handling these cases.

Understanding USA Internet Regulation

In countries like Iran, Saudi Arabia, and China, censorship is used to regulate internet users and internet use. However, in other parts of the world, there are four regulation modes in place, which are described here:

1. Laws

The most obvious and well-known type of internet regulation is laws. States, countries, and even international groups handle internet-related issues. The issues that occur are handled by the creation of laws. The regulations are designed to govern certain areas like fraud, child pornography, and gambling (to name a few). The biggest limitation of internet law is its reach.

Different geographic areas must abide by laws and regulations set in that area. For example, do internet sites hosted in one country, but available worldwide, only abide by the local area’s laws, or adhere to all internet laws where their site is accessible? While accountability is important, it’s difficult to enforce from one country to another when it comes to internet law.

2. Architecture

The architecture refers to how information can and can’t be moved online. This applies to everything from encryption programs and firewalls to internet filtering software and basic transmission protocols. This is a fundamental part of internet regulation since it makes up (in many ways) how the internet is created.

3. Norms

Norms apply to the way people interact with each other. For example, social norms dictate what’s appropriate in society, and norms impact behavior online. While laws may not regulate some activities allowed by internet architecture, social norms allow users to control certain contact.

An example would be online forums that allow users to moderate comments made by others. A comment can be flagged and removed if it is off-topic or offensive.

4. Market Regulation

With market regulation, patterns of conduct on the internet are controlled via traditional principles of supply and demand. For example, if something is unpopular, it won’t have demand and will fail. However, competitors must find new ways to differentiate themselves through online marketing methods if there’s excess supply. This helps to drive innovation, prevent predatory conduct, and encourage self-regulation among websites to remain viable and keep customers.

Understanding Net Neutrality

Another important element of internet law and internet regulation is net neutrality. It refers to internet infrastructure regulations. All information sent on the internet is sent in “packets” of data. The packets move through routers and transmission infrastructure owned by both private and public entities like government agencies, universities, and internet telecommunications companies. Recently, this is an area of concern since laws impacting this infrastructure in one area may create a “ripple effect” and impact how data is sent and received in other areas.

Freedom of Speech on the Internet

Free speech is a right all Americans have based on the First Amendment of the U.S. Constitution. It’s not the case in other countries. The amenity provided by internet forums gives those in other countries where the right to free speech is not granted the ability to have their voices heard. Unfortunately, this has also led to internet censorship in some parts of the world in response to things like political movements orchestrated on the world wide web. As a result, freedom of speech is not guaranteed worldwide – even online.

Privacy Considerations

A sensitive area businesses, companies, and other website owners must consider is privacy. Online privacy is a concern for most people. To collect personal information, a website owner must protect it based on online privacy laws. A website agreement outlining data protection methods is a must for any modern website. This includes an online marketplace, social media platforms, and even search engines. Failure to outline the importance of online privacy and how you protect it when users share data with your site can lead to legal issues. While privacy laws exist, such as the Electronic Communications Privacy Act and Data Protection Act, data security is still a huge concern for many.

It is important to note that there is even a photo–sharing law. Suppose you take a photo from a social media entity that is posted by someone else (even if you are in it) and repost it without permission. In that case, it is considered copyright infringement and illegal.

Another law related to privacy is the Digital Millennium Copyright Act, passed in 1998.

Intellectual Property

Discussing internet law without mentioning intellectual property and intellectual property rights is impossible. Many companies make products or offer services that are similar. It’s necessary for those who do this to protect their proprietary knowledge or product with I.P. laws and rights. Intellectual property includes copyrights, patents, and trademarks. If I.P. is stolen or copied, it’s possible to invest in legal services to help protect the property. Finding knowledgeable law firms that understand the legal principles that apply to Intellectual Property is a must in this situation.

Telecommunications Law

All governments have rules that govern the telecommunication industry. These have been in place since the creation of AM radio. The laws dictate various elements of this industry, including things like market share, privacy, equipment, and more.

Getting to Know the Internet Laws in Place in the U.S.

Several laws govern internet and data use in the U.S. While the Federal Trade Commission is the consumer watchdog that monitors and regulates marketing practices, some of the other laws in place are listed here.

U.S. Privacy Act of 1974

While this law pre–dates the intent, it is the foundation of several laws that cover data protection and internet privacy today. The Act was created to regulate and protect personal data stored in various computer databases by government agencies in the U.S. The Act covers the following:

S. citizens’ right to access any data held by government agencies and receive a copy of it.
S. citizens’ right to correct errors in data.
The requirement is that agencies only collect the relevant and necessary information to accomplish their purpose.
Restricting data (i.e., data security).
Restricting the sharing of information by federal and non-federal agencies.

Since the internet has changed, internet law refers to privacy and data protection today. New laws have also been created regarding data collection, electronic communications, and data security.

Federal Trade Commission Act

The U.S. Federal Trade Commission established this Act in 1914. Its purpose was to outlaw unfair practices, acts, or methods of competition that would impact commerce.

Even though the FTC doesn’t regulate the information included in website privacy policies and other website agreements, it does have the authority to establish regulations, enforce privacy laws, and work to protect consumers.

The FTC also examines misleading marketing and representations made by social media companies, tech companies, and others regarding privacy and collected consumer data. The FTC also controls online commerce behavior by ensuring transparent data collection and use of information.

With such intimate technology available, it’s easy for companies to gather information – even if an internet user doesn’t realize they are doing it.

With a clear marketing act related to how to link web pages, operate a computer system that gathers information, and even use internet filtering software, it’s important to know what these laws are to avoid violating them.

Children’s Online Privacy Protection Act

Created in 1998, this Act is also called COPPA and is a federal law in the U.S. The goal is to ensure parents can control the information gathered from young children while they are online. COPPA must be followed by those with commercial sites or web addresses directed to children under 13 and collecting information.

Some of the main requirements of COPPA include:

Websites, web pages, and online tools designed for kids under 13 must provide notice and parental permission before collecting kids’ information.
The privacy policy must be clear and comprehensive.
All information collected from children must remain safe and secure.

While this internet law was created several years ago, it’s more important today in the time of social media, online ads, and other marketing that’s targeted at children.

Health Insurance Portability and Accountability Act

Commonly called HIPAA, this U.S. federal law was established in 1996. It focuses on health insurance regulation, including security and data protection. To avoid legal issues, it’s necessary for health care providers, businesses, and anyone working with them to avoid disclosing consumer health information without their permission or consent.

Gramm-Leach-Bliley Act

The GLBA, also called the Financial Services Modernization Act of 1999, is a financial and banking law that includes security and data privacy elements. It builds on the Fair Credit Reporting Act that focuses on financial institutions and privacy regarding people’s financial information. If you violate the Financial Modernization Act, it can lead to online libel cases and other issues.

Telephone Consumer Protection Act

The TCPA restricts telemarketing and other types of phone calls, facsimiles, and text messages. It also restricts prerecorded or artificial voice messages and automatic dialing systems. Many companies have computer software that violates these laws.

The Far-Reaching Effects of Internet Law

The fact is internet law is still evolving. While free speech is a right that all Americans have, they are also regulated by things like the adult internet law, chemical law, domain name laws, and so much more. Even efforts like the Omnibus Crime Control organization take part in internet regulation and pop internet laws to ensure the safety of users. While we live in an internet society that may seem free, some rules and regulations must be followed. Things like online defamation in online forums, the use of a cell phone tracking device, and nefarious online commerce behavior can be legal and prosecuted with the help of an attorney who understands the legal concept of internet law and regulations.

Legal Elements in Place to Regulate Internet Use and Prevent Misuse

The actual legislation in place today is designed to help keep users safe. You have the right to file keyboard advertising lawsuits, file a claim for abusive patent enforcement, and more.

Internet law is far-reaching. You have rules outlined in the Electronic Theft Act and potential penalties for violating the rules. Other laws, like the European e-Commerce Directive, focus on marketing methods used, and even the Electronic Frontier Foundation has a say in internet regulations.

Seek Legal Help if You Are Charged with an Internet-Related Crime

Understanding the laws, your rights, and responsibilities can help you avoid being charged with an internet–related crime. However, contacting and hiring an attorney to help with your case is recommended if you face this type of charge. Doing this right away will give you the best chance to beat the charges you face. While these situations can be stressful and intimidating, legal help is available. Utilizing this help is recommended by most experts in the field.

It was in 1996 when the United States passed what’s known as the Communications Decency Act. It’s a crucial section of the act that contains “The Twenty-Six Words That Created the Internet,” according to author Jeff Kosseff, whose 2019 book explores the implications of Section 230 of the Communications Decency Act.

Privacy law and data protection

That 26-word section, according to Koseff, was instrumental in shaping the way the internet evolved by shielding online services and websites from lawsuits over so-called user-generated content. In essence, websites were then treated as neutral platforms for information rather than publishers of content, absolving them of potential legal liabilities arising from things posted on those platforms by third parties.

Had the act not contained such language, websites like Facebook and Twitter and Reddit could hypothetically be sued for defamation or copyright infringement for content posted by users of the sites.

But the Communications Decency Act is just one piece of legislation making up an array of regulations that apply to websites and other online services. Although they’re said to be “outdated,” the United States also has the Computer Fraud and Abuse Act of 1986, The Digital Millennium Copyright Act of 1998, and the Electronic Communications Privacy Act of 1986.

The Computer Fraud and Abuse Act, according to Mother Jones Magazine, was spurred in the mid-1980s after the movie WarGames, starring Matthew Broderick, spooked lawmakers about the potential for hackers to start a nuclear war. During congressional debate on the bill, a clip of the movie was played in the house, and the law remains on the books to this day.

Internet law and cybercrime

It makes unauthorized access to a computer network an offence under the act, but as the magazine pointed out in 2013, it could hypothetically make someone open to criminal prosecution for violating a website’s terms of service. In such a scenario, it could lead to prosecution for lying about your age on a dating website, for example.

But back in 2013, there was an attempt to amend the Computer Fraud and Abuse Act with the introduction of Aaron’s Law, named after Reddit co-founder and activist Aaron Schwartz, who tragically committed suicide while facing decades in prison and large fines for violating the act. His violations were related to the illegal downloading and distribution of academic articles without authorization, which under the act’s “vague” language opened him up to both federal and state criminal charges.

The Electronic Communications Privacy Act of 1986 also contained a subordinate law known as the Stored Communications Act, which sought to protect people in America from having their electronic information and data released by service providers without consent.

It also prevented internet and phone companies from giving customers’ private information to law enforcement without a warrant. Since it was long before the days of cheap digital storage though, the act allowed for the hypothetical taking of archived emails after a certain time period without the need for a warrant, but rather just a subpoena, which doesn’t require the same legal rigour from police when seeking judicial authorization for a search warrant.

Electronic commerce law

The law that still remains a source of great controversy and debate today, however, is the Digital Millennium Copyright Act of 1998. Said to be an attempt to modernize copyright law in the digital age, the DMCA, as it’s called, allows copyright holders to send take-down requests to tech firms like Google and Facebook for the removal of unauthorized content. Movie studios and record companies use it as a blunt instrument against online piracy, which exploded on the internet when file sharing sites allowed for the widespread unauthorized and illegal distribution of music and films.

But like the Communication Decency Act before it, the DMCA also contained a so-called “safe harbour” provision for websites where infringing content gets posted by users. So while sites like YouTube may host millions of videos containing copyrighted material, it’s the users who face the ire of copyright holders rather than the sites hosting the content.

Internet Law In The USA

Famously, the DMCA’s take-down provisions have been used to stifle teachers using copyrighted material in educational lessons, while also being used against parents who post videos of their children dancing to popular songs. In one case, for example, Universal Music Corp. tried to use the DMCA to remove a video of a baby dancing to a Prince song, though the child’s mother, Stephanie Lenz, eventually was allowed to keep the video up after suing the company.

The case of Lenz v. Universal Music Corp. eventually made its way to the Ninth Circuit Court of Appeals, which sided with Lenz and found Universal had sent YouTube a DMCA takedown request without properly considering that the video was a “fair use” of the company’s song. The ruling was touted as a victory for regular people who faced abusive “extrajudicial” takedown requests for harmless, non-commercial use of copyrighted material.

These days there seem to be even more laws added to ensure consumer protection and to fight against cybercrime. An example of this would be the Children’s Online Privacy Protection Act. Another example would be the legal issues that can arise when a telecommunications company doesn’t protect its internet users’ personal data.

What is Internet Law In The USA?

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