Course Description
E-business jurisdiction is global by its very nature. Users almost anywhere in the world may gain access to and transact business with a company owning a Web site. This means a Web merchant has potential global liability exposure, and runs the risk of being sued in any state or country where a plaintiff can prove a legal action based on contract or tort. This course is designed to provide fundamental skills needed to understand cyberlaw concepts such as trademark, copyright, patents, digital rights, computer crimes, privacy issues, hacking and prosecution etc.

Who Should Attend
Network server administrators, firewall administrators, police personnel, law enforcement agencies, lawyers and forensic investigators.

Duration:
3 days (9:00 - 5:00)

Certification
The e-Business certification exam will be conducted on the last day of training. Students need to pass the online Prometric exam 212-61 to receive the CEP certification.

Module 1 - CyberLaw
Introduction
History of the Internet
History of the World Wide Web
How the Internet Works
Internet Addresses
The Language of the Internet
Accessing a Web Site
Transmitting Information
Netiquette
Regulation of Cyberspace
Business and Individual Users
Information Security
Business Uses of Internet Technology
Globalization
Law and Cyberspace

Module 2 - Jurisdiction
What is jurisdiction?
Jurisdiction and the “home court advantage”
Traditional principles of jurisdiction
State long-arm statutes and personal jurisdiction over a non-resident defendant
Application of the Due Process Clause over a non-resident defendant
Motion to dismiss for lack of personal jurisdiction
Judicial History of Personal Jurisdiction
Constitutional framework for due process under the International Shoe Company case
Non-resident defendant must “purposely avail itself of the benefits of the state's economic market” to establish “minimum contacts”
Personal Jurisdiction in Cyberspace
Non-active Web site v. inter-active Web site
Forum selection and choice of law clause
International Jurisdiction in Cyberspace
Who governs the online world?
Principles of national enforcement

Module 3 - Trademarks
What is a trademark?
What is a domain name?
Where are trademarks and domain names filed?
What is the Anticybersquatting Consumer Protection Act?
What is the Uniform Domain Name Dispute Resolution Policy?
How are trademarks classified?
What is a service mark?
What is a trade dress?
Trademarks as Distinctive Identifiers of the Product or Service
Trademarks as inherently distinctive
Trademarks that have acquired a secondary meaning
Principal Register and the Supplemental Register in the PTO
Trademarks in Cyberspace: Infringement and Dilution
What is trademark infringement?
What is trademark dilution?
How does a trademark become “famous”?
What is trademark dilution by blurring?
What is trademark dilution by tarnishment?
Internet Technology and Trademark Infringement
What is “deeplinking”?

Module 4 - Copyrights
Overview of copyright law
The subject matter of a copyright
The objective of an e-business in relation to copyright law
The legal strategy to accomplish that objective
Copyright Act of 1976
Review of the Copyright Act
Criteria for copyright protection of a Web page
Copyright as a creative work “fixed” under the Copyright Act
Duration of copyrights - Eldred v. Ashcroft
Statutory Rights of a Copyright Owner
Right to reproduce the work
Right to sell, rent, lease or otherwise distribute copies
Right to prepare derivative works
Right to perform and display publicly the copyright work
Theories of Liability for Copyright Infringement
Direct infringement
Contributory infringement
Vicarious infringement
Limitations on Copyright Owner's Exclusive Rights
Fair use doctrine
First sale doctrine
Public domain

Module 5 - Business Methods Patents
Legal Framework of Patents
United States Constitution
Congressional powers
Patent
American Inventor's Protection Act
Agency enforcement of patent laws
Courts
Patent Law as It Relates to Business Practices
Patentable subject matter
Invention or discovery
Types of patents
What claims are covered?
First-to-file v. first-to-invent systems
The Patentability of Software and Business Methods Patents
Software patents
Business methods patents
What may be done with the patent?
Patent commercialization and knowledge transfer strategies
Shop rights and ownership of patents
Enforcing Patent Rights: Plaintiff's Case
Literal infringement
Doctrine of equivalents

Module 6 - Online Contracting and Licensing Agreements
Online Contracting
History and development
Terms of e-commerce
E-commerce business models
Benefits to consumers
Why is online contracting law important?
Fundamental Principles and Requirements of Contract Law
Mutual assent
Consideration
Capacity
Legality
Form
Warranties, Disclaimers, and Terms of Use
Express and implied warranties
Disclaimers
Disputing the terms of use - Comb v. PayPal, Inc.
The Developing Uniform E-Commerce Law: UCITA and UETA
History and development
UCITA: a controversial measure
UCITA: key provisions
UETA
Electronic Signatures
E-sign
The relationship between e-sign and the UETA

Module 7 - Sales Tax in E-Commerce
What is tax nexus?
State sales and use tax
Internet Tax Freedom Act of 1998
Advisory Commission on Electronic Commerce
Limitations on a state's taxing authority under the Due Process and the Commerce Clauses of the United States Constitution
Taxation in Cyberspace
What is a sales tax?
What is a use tax?
“Grandfather Clause” under the Internet Tax Freedom Act
Sales tax and the Dormant Commerce Clause
Streamlined Sales Tax Project
State Tax Jurisdiction under the United States Constitution
What is a “substantial tax nexus”?
What is a mail-order transaction?
What is the Commerce Clause test for state tax purposes?
What constitutes state tax jurisdiction?
Physical Presence “Nexus” Test for E-Commerce Tax Purposes
Renting an office or a warehouse in the taxing state
Nexus by attribution - trade shows where employees or agents take orders from customers in the taxing state
Web merchant's server
Maintaining inventory in a taxing state - taxation of digital products
Software licensing by an out-of-state licensor to licensee in a state with a sales tax
Web merchant's agent in the foreign state
Market maintenance theory
Internet Tax Freedom Act of 1998
Purpose of the act
Advisory Commission on Electronic Commerce
International Internet Taxation
Organization of Economic Cooperation and Development Initiatives Committee on Fiscal Affairs Report, 1998
Neutrality
Efficiency
Effectiveness and fairness
Flexibility
Certainty and simplicity
The “permanent establishment” problem
OECD guidelines on defining “permanent establishment”
National initiatives defining “permanent establishment”
Germany
India
United Kingdom
European Union Value Added Tax (VAT) on Internet sales

Module 8 - Online Security Offerings
Raising Capital: Online Securities Offerings
What is a security?
The securities laws
Exemptions from securities laws registration requirements
The process of conducting a securities offering
Online Transactions in Securities
International Aspects of Online Securities Offerings
Regulation of the international movement of capital
International cooperation and securities law enforcement
International securities fraud
Investments in offshore securities and the Internet: Regulation S
International Internet securities offerings and “blue sky” laws

Module 9 - Privacy
What Is the Right to Privacy?
Constitutional sources
Federal
State
Common Law Torts for Invasion of Privacy
Major Federal Laws that Regulate Privacy in Cyberspace
Bulk E-Mail Solicitations (“Spamming”)
Privacy in the Workplace
Global Issues of Privacy in Cyberspace
EU Directive on Privacy Protection
The US-EU Safe Harbor Agreement
Other national efforts at regulating Internet data privacy
Australia
Canada
Russia

Module 10 - Obscenity
First Amendment - Freedom of Speech, Press and Expression
The Miller Test for Obscenity
Proving a case of obscenity
Government Regulation of Cyberporn
Communications Decency Act (CDA) of 1996
Allowable defenses
The CDA attacked
Child Pornography
Federal regulation
Child Pornography Prevention Act (CPPA), 1996
Child Online Protection Act (COPA), 1998
Children's Internet Protection Act (CIPA), 2000
Protection of Children from Sexual Predators Act, 1998
State regulation - usually reflects the federal laws.
Consenting adults defense
Employees and Work Place Access to Adult Web Sites
Employer's monitoring employees' use of company-owned computers
Right of public employees to access adult Web sites
International Regulation of Obscenity in Cyberspace
Act of state doctrine and the regulation of obscene transmissions
Obscenity as a global concept
Multilateral treaties regulating obscenity
U.S. views on the importation and exportation of cyberporn
Other international efforts to regulate obscenity
China
Singapore
United Kingdom

Module 11 - Defamation
The Common Law Tort of Defamation - Slander and Libel
Applicability to cyberspace
Elements of proof required for defamation
Defenses to defamation
Liability of Service Providers for Defamation
Protection for “Good Samaritan” blocking and screening of offensive material
The applicability of Section 230 of the Communications Decency Act of 1996 to online service
Current status of Section 230
International Regulation of Online Defamation
International efforts to regulate cyber-defamation
United Kingdom
Australia
ISPs and international acts of defamation
Defamation and the international choice of law

Module 12 - Internet and Information Security
The Challenges of Internet and Information Security
The Goals of Internet and Information Security
Confidentiality, authenticity and integrity of each communication
Methods and Legal Challenges for Ensuring Enterprise and Communications Security
Firewalls
Transactional security systems
Password systems
Certificate authorities (CAs) and digital certificates (DCs)
Biometrics
Security tokens/digipasses
Smart Cards
Holography
Processor serial numbers
Public Key Infrastructure (PKI)
Cryptography: encryption/decryption - Discussion of First, Fourth and Fifth Amendment challenges to this security method.
Steganography
International Aspects of Internet and Information Security
Global network and information security Council framework on attacks against information systems
International aspects of encryption and cryptography systems
Cryptography and Liberty Survey
OECD guidelines
Wassenaar Arrangement
Domestic efforts at regulating encryption
United Kingdom
China
Japan

Module 13 - Internet and Computer Crime
The Nature of Computer Crime
What are computer, and Internet crimes?
The impact on law enforcement
The elements of a crime
What are the e-commerce risks?
The Role of Computers in Crime: Crimes and Perpetrators
How are computers used in the commission of crimes?
As a target of crime
As a tool in crime
As incidental to crime
What crimes are being committed in today's networked environment?
Crimes against persons or businesses
Crimes against real and/or intangible property
Crimes against government or its functions
Forensics: Gathering and Preserving Evidence
International Aspects of Cybercrime
Council of Europe Convention on Cybercrime
Criminalization of illegal acts
Mutual assistance and facilitation of cybercrime investigations
European Commission's Communication on Computer Related Crime
EU Forum on Cybercrime
Other international cybercrime initiatives