Internet and Technology Law

The transition into the digital age has led to a rise in global commerce occurring electronically through the internet.  The internet has created a global marketplace with new questions about jurisdiction, sales restrictions, taxes, and other online specific issues.  Entrepreneurs are staking their claims by deploying electronic commerce, financial technology, and other internet services and contracting with online vendors from across the world.  Don’t get left behind in the digital age by making sure that you are taking full advantage of all the opportunities that you can in electronic commerce.  Our internet law attorneys can help make sure that your electronic commerce website or service is legally secure, PCI compliant, KYC/AML compliant, GDPR compliant, isn’t running afoul of any laws or international treaties, and that you are documenting what is necessary come tax time.

Our internet technology law team includes dedicated attorneys and patent agents located in the State of Colorado and throughout the world.  Our team brings extensive experience on a wide range of technologies in both hardware and software across a variety of applications, uses and deployment, such as encryption, infrastructure, privacy, on-premise and SaaS, IOT, smartphones and tablets, online gaming, security, blockchain projects, NFTs, data protection, and more.

UNAUTHORIZED ACCESS

Has someone gained unauthorized access to your website or web servers only to steal sensitive confidential business information?  Have you been the victim of an anonymous Denial of Service or ransomware attack unless you provided confidential information?  Sometimes unauthorized hackers are thousands of miles away out of the reach of local and state law enforcement, and sometimes they are located 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 further against them, we can put our expertise in internet law to work for you.

ahOur attorneys understands the various civil and criminal options available to victims of hacking or cyberattacks.  Colorado and most other states currently have laws prohibiting unauthorized access to private computer networks.  If you find that a competitor or unruly ex-employee gained authorized access to your systems, then they may be liable for unauthorized access, industrial espionage, violation of trade secrets, or unfair business practices.  In an area of law rife with uncertainties and difficult jurisdictional questions, our attorneys can help chart a path to protecting your business.

LAWS RELEVANT TO SOCIAL MEDIA INFLUENCERS

Social media has altered the communications landscape so that marketers have new avenues to reach customers. This change has created a new source of legal issues and compliance questions for those who use social media platforms as an influencer, promoter, seller, athlete, or sponsor. Entering into sponsorships, licensing agreements, promotional agreements, contractor agreements, employment agreements, non-disclosure agreements, and likeness rights questions are all part of the life of a social media influencer. Make sure to have an attorney experienced in social media law questions review your agreements with others to make sure your rights are being properly protected and that you are complying with federal regulations relevant to social media such as the FTC Disclosure rule.

Regulations on how to promote and market goods and services via social media are continuing to evolve, and compliance is even more important to avoid fines and scrutiny from the federal government. Our social media attorneys are well versed in the latest changes to the ever-changing laws and regulations specific to social media promotion. If you want to discuss hows laws and regulations related to social media could affect you and your business, contact us to discuss your company’s social media concerns. 

WEBSITE TERMS OF SERVICE AND PRIVACY POLICIES

Did you know that if you are offering services online, it is always beneficial to best dictate the scope and terms of the agreement rather than let the terms remain ambiguous and unclear. Our attorneys have substantial experience writing End User License Agreements (EULA), Terms of Service (TOS) Agreements, Privacy Policies, and more for a variety of software development projects all to the exact specifications of our clients. Because we have extensive experience in drafting and interpreting these kind of software agreements, we can also provide you advice and suggestions beyond your immediate requirements and needs.  A strong Terms of Service is invaluable to you as a website operator to ensure that you have control over your website users.  Help ensure best practices on your website by contacting our attorneys today!

If your business or website relies on the use of social media as a platform or developing web 2.0 (or 3.0) software, then it is also beneficial to confirm whether your service needs to a Digital Millennium Copyright Act (DMCA) policy and/or agent.  Conforming to these requirements will help your business avoid liability for potential copyright infringement claims made by content posted by users.  By careful planning toward compliance, you can save your business both money and legal headaches in the future.

Does your website accept private information from users of all ages?  Do you share user information that you collect via your website with third parties?  Did you know that you are required to have a privacy policy disclosing to users and minors how their information is used by your business?  Do you have a new app but want to make sure you aren’t running afoul of any specific state laws that could land you in hot water? Reduce the liability of your business by ensuring that your website’s privacy policy conforms with all relevant international, state, and/or federal requirements. Our attorneys offers solutions to provide you peace of mind.

SUBPOENA COMPLIANCE

If your internet service stores financial or other personal information, your company may eventually be subject to a civil, federal, or state subpoena asking for information. Subpoenas or other requests for information come in all forms including from foreign governments via the U.S. government through the Mutual Legal Assistance Treaty (MLAT). Some subpoenas are over-broad and overreach in the information they are requesting, so make sure you are aware of your options as the recipient of the subpoena. Our attorneys have handled hundreds of incoming subpoenas on behalf of different organizations from almost every federal agency, as well as state governments, and we can help you confidently navigate your choices.

CEASE AND DESIST NOTICES

Is someone using your digital content online without your permission?  Are you a photographer images or videos being hosted on YouTube without a license?  We send cease and desist or takedown letters to internet service providers and hosting companies to get you the results you need.  If you need to learn the identity of an infringing party, we can help you  find them.  Our experience will ensure that you are sending valid cease and desists or takedowns to the proper parties so that you expeditiously resolve your concern.

If you are the recipient of a takedown letter or a cease and desist from a content owner, our attorneys can make sure that the letter is not overreaching or invalid.   Not all takedown or cease and desist letters have a valid legal basis and are often used to intimidate persons into taking down lawful content.  Our expertise can help you make informed legal decisions about difficult questions.

SOFTWARE LICENSING AND OPEN SOURCE SOFTWARE RIGHTS COMPLIANCE

Have you created or programmed digital assets or intellectual property and now you need to license and protect it? Are you relying on a foreign software development team you outsourced to develop your software for you? Software, even open source software should include specific licenses to prevent unauthorized uses of your work or for your work to fall into the public domain. Does your development team rely on open source software developed using the GPL 2.0, GPL 3.0, AGPL, MIT, Apache, Creative Commons, or other license for your open source software? Is your software team integrating open source libraries into your closed source applications? What are your rights if you intend to commercialize your new application given the integration of the open source content? Your online content also needs to be protected by a license that you grant to users of your site. You may be especially vulnerable if you have content, services or products which can be downloaded or otherwise distributed digitally. We can help protect your work by developing a licensing regime that works for you and your business. Don’t hesitate to contact us to day to set up a free consultation with an experienced attorney today.