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Internet Law & Strategy

Volume 6 - Number 10 | October 2008

October 2008 Issue in PDF Format


SEC Guidance on Company Web Site Use
By Briar McNutt and Elizabeth Simon
Over the past several years, rapid developments in technology and the Internet have significantly enhanced the quantity and quality of information available to investors. Investors are now able to retrieve information from the SEC and many companies instantaneously. Acknowledging the significant technological advances since the SEC last provided guidance on Internet issues relating to the Securities Act of 1933, the SEC issued an interpretive release that provides updated guidance on the disclosure of investor information on company Web sites.

Web Site Terms of Use
By Nick Akerman
Web site terms of use have taken center stage with the recent press reports of the indictment of Lori Drew by a Los Angeles federal grand jury for violating the federal CFAA. Terms of use are ubiquitous on the Internet. They are created by a Web site owner and purport to restrict how the public can use a Web site to obtain information, purchase goods or services or participate in Web-based social networking.

Novel Internet Statute Strategies
By Jonathan Bick
The Internet presents special regulatory challenges. Any effective statute, for instance, must be prepared by an entity with the authority to draft, implement and, to some extent enforce, the statute. Efficacy, of course, hinges on jurisdiction, but the Internet knows no geography and, so, users leap boundaries with a finger poke or thumb flick. These challenges require novel statutory strategies to meet the Internet’s current and future status as a channel and communications domain that requires regulation at various levels of operation and use

Net News
Online Music Agreement Reached
Anti-Spam Law Is Unconstitutionally Broad