Internet business law
A lawyer concerned withfunctions in the sector of Internet business law should begin from a background of expertise in generally relevant legislation, as well as in more specifically targeted Internet business regulation. Advice directed toward both Internet business law practitioner and Internet business operators is offered online by the federal government at a .gov web address.
Internet business law subject mattter
Internet business law might be found to have been violated on the basis of failure to pay taxes or observe others’ copyright-secured privileges, among other inadvisable courses of action for an Internet-located business enterprise. An Internet business owner or operator could also fail to take advantage of the potential benefits provided through Internet business laws in such forms as the copyright protections potentially open to such people and the security and privacy programs for defense against outside interference.
Federal Trade Commission (FTC)
This regulatory and enforcement body is the main authority with which people concerned with the different provisions of Internet business law will have to deal. Some of the Internet business activities which come under the FTC’s supervisory powers include the use of e-mails for advertising and marketing through websites banner ads and others, as well as related issues arising in regard to the right to privacy on the part of consumers.
According to the authorizing legislation of the Federal Trade Commission Act, the FTC can act against “deceptive or unfair acts or practices” by Internet businesses or any other group or individual engaged in commercial or business activities.
“Deceptive or unfair” definition
The Federal Trade Commission holds its powers and fulfills its role according to the language contained in the FTC Act. Section 5 of this legislative package holds that business policies and practices meeting the definition of being actively “deceptive” can be said to do so when they simultaneously “mislead consumers” and “affect consumers’ behaviors or decisions about the product or service.”
A charge of “unfairness,” however, can stem from an Internet business carrying out an “act or practice” of an Internet business which provokes “substantial” injury to others “not outweighed by other benefits” to those affected and “not reasonably avoidable” on the business owner or operator’s part.
Internet business law understanding of liability
If an Internet business is based in part or in whole on the practice of selling space or otherwise offering opportunities for advertising, then the owners or operators of the business will accordingly take on responsibilities, and potentially incur liability, on the ground of potentially allowing marketers to make deceptive claims.
Avoiding FTC prosecution
In order to forestall any later, potentially applicable action from the FTC, the Internet business at question should make its marketing partner carry out due diligence in affirming the accuracy of the claims and facts presented. If inaccurate information still comes to the web through the actions of an Internet business, then documentation of the previous process can be pointed to in order to avoid further and adverse legal consequences.
In order to further assure that consumers have the reasonable ability to inform themselves as to the legal considerations inherent in content presented by an Internet business, disclosures and disclaimers should be present and reasonably accessible through the websites maintained by Internet businesses, as can help avoid adverse regulatory and legislative consequences. “Clear and conspicuous” disclosures and disclaimers satisfy this requirement as maintained by the FTC.