Online law : the SPA's legal guide to doing business on the Internet /
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Imprint: | Reading, Mass. : Addison-Wesley Developers Press, c1996. |
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Description: | xxiv, 544 p. ; 24 cm. |
Language: | English |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/2687567 |
Table of Contents:
- Preface
- Foreword
- About the Authors
- Online Law ... What''s New and Different?
- What''s New: Issues of Online Law
- Applying Old Law to a New Online World
- Categorizing the Issues
- Endnotes
- From Websites to Online Sales: A Road Map to the Legal Issues
- Communication-Sending and Receiving Messages
- Information Security
- Rights in Information
- Regulation of Content
- Regulation of Conduct
- Electronic Publishing and Distribution
- Rights in Information
- Regulation of Content
- Regulation of Online Conduct
- Online Advertising
- Buying and Selling Goods and Services Online
- Online Contracts
- Electronic Payment
- Information Security
- Regulation of Online Conduct
- Websites: Putting It All Together
- Before You Start: Who Owns the Domain Name?
- Building the Website: Rights to Use Content
- Links to and from Other Websites
- Rights in Completed Websites
- Websites as Advertising
- Websites as Publishing
- Relationships with Customers and Users
- Websites as Marketplaces for Buying and Selling
- Payment
- Regulating Website Activity
- Tackling the Issues
- Information Security
- The Legal Role of Information Security
- Legal Requirements for Online Communications
- Authenticity
- Integrity
- Nonrepudiation
- Writing and Signature
- Confidentiality
- Problems Introduced by Online Communications
- Satisfying the Legal Requirements
- Real-Time Communications and Open Networks
- The Solution Offered by Information Security
- Defining Security
- Using Information Security to Satisfy Legal Requirements
- Recognition of the Legal Effect of Security
- Endnotes
- Digital Signatures
- Using Digital Signatures
- What Is a Digital Signature?
- How Is an Electronic Communication DigitallySigned?
- Verifying a Digital Signature
- Prerequisites for the Use of Digital Signatures
- Certification Authorities
- Function and Role
- Who Can Be a Certification Authority?
- Verifying a Certification Authority''s Digital Signature
- Protecting the Parties to the Transaction
- Certification Practice Statements
- Certificate Revocation Lists
- Certificate Expiration
- Limits of Liability
- Obligations of the Parties
- Signer
- Certification Authority
- Relying Party
- The Legal Effect of a Digital Signature
- Integrity
- Authenticity
- Nonrepudiation
- Writing and Signature Requirements
- Right to Rely
- New Paradigm Shift
- What Digital Signatures Do Not Accomplish and Other Cryptographic Applications
- Encryption for Confidentiality
- Date/Time Stamping
- Steganography: Digital Watermarks
- Endnotes
- Electronic Recordkeeping
- The Need for Records
- The Goals of Electronic Recordkeeping
- Record Retention
- Types and Form of Records to Retain
- Retention Periods
- Records Destruction
- Long-Term Records Availability
- Backup Procedures
- Media Integrity
- Accessibility
- Trustworthiness
- System Documentation
- Endnotes
- Online Transactions
- Creating Contracts Online
- How Can Contracts Be Formed Online?
- Contracts Formed via E-Mail, Websites, and Online Services
- Electronic Data Interchange (EDI)
- Other Forms of Electronic Contracts
- Online Offers and Acceptances
- Online Offers
- Online Acceptances: E-Mail, Mouseclicks, and Other Methods
- Offers and Acceptances by Computer
- Timing of Acceptances: The Mailbox Rule
- The Requirement of a Signed Writing: The Statute of Frauds
- The Writing Requirement
- The Signature Requirement
- What Are the Terms of the Online Contract?
- General Principles
- Examples
- Shrinkwrap and Webwrap Contracts
- Warranties
- Conspicuousness
- Mistakes in Electronic Communications
- Impostors and Persons without Authority
- Impostors
- Persons Without Authority to Contract
- Whose Law Applies?
- Endnotes
- Online Payment Options
- Introduction to Payment Mechanisms
- Electronic Funds Transfers
- Business-to-Business EFT: Financial EDI
- Consumer-Based EFT
- Online Credit-Card Payment
- Secure Credit-Card Payment
- Registry Credit-Card Payment
- Electronic Checks
- Digital Cash
- The Role of Information Security
- Endnotes
- Rights in Electronic Information
- Understanding Electronic Property Rights
- What Does It Mean to "Own" Information?
- Ownership Is Not Equated with Possession
- Ownership Involves Multiple Legal Rights
- Ownership May Be Split Among Multiple Persons
- Ownership Is Limited in Scope
- Ownership Is Subject to Numerous Exceptions
- An Example
- Impact of Digital Form on Ownership Rights
- Two Perspectives: Owners and Users
- Endnotes
- Copyrights in Digital Information
- What Is a Copyright?
- Applicability of Copyright to Online Communications
- Digital Forms of Information Protected
- Online Conduct Always Implicates Copyright
- Digital Challenges to Copyright Owners
- Digital Challenges to Copyright Users
- Copyright on Global Information Networks
- Information Protected by Copyright
- Acquiring and Perfecting a Copyright
- Automatic Protection
- Requirements to Qualify
- Copyright Notice
- Copyright Registration
- Who Owns the Copyright?
- Works Created by Employees
- Works Created by Independent Contractors
- Endnotes
- Online Rights of Copyright Owners
- Reproduction Right
- Adaptation Right
- Distribution Right
- Public Performance Right
- Public Display Right
- Remedies Available to Copyright Owners
- Civil Remedies
- Criminal Penalties
- Endnotes
- Online Rights of Copyright Users
- Implied Licenses
- Necessity
- Custom and Usage and Functionality
- Copyright Owner Conduct
- Scope of License
- Fair Use
- The Fair-Use Factors
- Fair Use Online
- De Minimis Copying of Copyrighted Information
- Public Domain
- When Is a Work "Public Domain?"
- Risks in Using Public-Domain Information
- First-Sale Doctrine
- Noncopyrightable Aspects of a Work
- Facts
- Databases of Facts
- Ideas
- Words, Phrases, and Titles
- Endnotes
- Protecting Trade Secrets Online
- What Is a Trade Secret?
- Acquiring and Preserving Trade Secret Rights
- Requirements to Qualify
- Establishing a Confidential Relationship Online
- Provide Notice of Trade Secret Claim
- How Trade Secret Rights Can Be Lost
- Protecting Trade Secrets Communicated Electronically
- Rights of