Internet and Technology Law

Has someone gained unauthorized access to your website or web servers to steal sensitive, confidential business information? Have you been the victim of an anonymous denial-of-service or ransomware attack? Sometimes hackers are thousands of miles away, out of reach of local and state law enforcement. Sometimes they are within twenty miles of your business. We can put you in touch with experts who can help you find out who the culprits are, and if you wish to proceed against them, we can put our expertise in internet law to work for you.

Our attorneys understand the civil and criminal options available to victims of hacking and cyberattacks. Colorado and most other states have laws prohibiting unauthorized access to private computer networks. If a competitor or an unruly ex-employee gained unauthorized access to your systems, they may be liable for unauthorized access, industrial espionage, trade secret violations, or unfair business practices. In an area of law rife with uncertainty and difficult jurisdictional questions, our attorneys can help chart a path to protecting your business.

Social media has given marketers new avenues to reach customers and created new legal issues and compliance questions for anyone who uses these platforms as an influencer, promoter, seller, athlete, or sponsor. Sponsorships, licensing agreements, promotional agreements, contractor agreements, employment agreements, non-disclosure agreements, and likeness rights are all part of the life of a social media influencer. Have an attorney experienced in social media law review your agreements to make sure your rights are protected and that you comply with federal rules such as the FTC’s disclosure requirements.

Regulations on promoting goods and services through social media continue to evolve, and compliance matters more than ever to avoid fines and federal scrutiny. Our attorneys stay current on the changing laws and regulations specific to social media promotion. Contact us to discuss how they could affect you and your business.

If you offer services online, it is always better to define the scope and terms of your agreement than to leave them ambiguous. Our attorneys have substantial experience writing End User License Agreements (EULAs), Terms of Service, privacy policies, and more for a wide range of software projects, all to our clients’ exact specifications. Because we draft and interpret these agreements regularly, we can also advise you beyond your immediate needs. A strong Terms of Service is invaluable for keeping control of your website and its users.

If your business relies on social media as a platform or develops web 2.0 or 3.0 software, confirm whether your service needs a Digital Millennium Copyright Act (DMCA) policy and designated agent. Meeting these requirements helps protect your business from liability for copyright infringement in content posted by users, saving money and legal headaches later.

Does your website collect personal information from users of all ages? Do you share it with third parties? You are required to have a privacy policy that tells users, including minors, how your business uses their information. Launching a new app? Make sure it doesn’t run afoul of state laws that could land you in hot water. We help your privacy policy conform with all relevant international, federal, and state requirements.

If your internet service stores financial or other personal information, your company may eventually receive a civil, federal, or state subpoena. Requests come in many forms, including from foreign governments through the U.S. government under the Mutual Legal Assistance Treaty (MLAT) process. Some subpoenas are overbroad and reach too far, so make sure you know your options as the recipient.

Our attorneys have handled hundreds of incoming subpoenas on behalf of organizations, from almost every federal agency as well as state governments, and we can help you navigate your choices with confidence.

Is someone using your digital content online without your permission? Are your photos or videos hosted on YouTube without a license? We send cease and desist and takedown letters to internet service providers and hosting companies to get you the results you need, and if you need to learn the identity of an infringing party, we can help you find them. Our experience ensures your notices are valid and reach the proper parties so your concern is resolved quickly.

If you received a takedown or cease and desist letter from a content owner, our attorneys can make sure it isn’t overreaching or invalid. Not every letter has a valid legal basis. Many are used to intimidate people into removing lawful content. Our expertise helps you make informed decisions about difficult questions.

Have you created or programmed digital assets or intellectual property that you now need to license and protect? Are you relying on an outsourced development team, perhaps overseas, to build your software? Software, even open source software, should carry specific licenses to prevent unauthorized use of your work or its slide into the public domain.

Does your team rely on code released under the GPL 2.0, GPL 3.0, AGPL, MIT, Apache, Creative Commons, or another license? Are open source libraries being integrated into your closed source applications? What are your rights if you intend to commercialize the result? Your online content also needs to be protected by a license you grant to users of your site, especially if your content, services, or products can be downloaded or distributed digitally. We can help protect your work with a licensing regime that works for you and your business.