The transition into the digital age has led to a rise in commerce occurring electronically through the internet. The internet has created to a global marketplace with new questions about jurisdiction, sales restrictions, taxes and other online only concerns. Entrepreneurs are staking their claims by deploying electronic commerce websites and services and contracting with online only vendors. 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 take advantage of through 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, isn’t running afoul of any laws or international treaties, and that you are documenting what is necessary come tax time.
Has someone gained unauthorized access to your website or webservers only to steal sensitive confidential business information? Have you been the victim of an anonymous Denial of Service 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, Wessels & Arsenault can put our expertise in cyberlaw to work for you.
Wessels & Arsenault 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 an agent thereof 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, Wessels & Arsenault can help chart a path to protecting the interests of your business.
Did you know that if you are offering services online, it is always beneficial to negotiate the scope and terms of the agreement. Wessels & Arsenault has experience writing End User License Agreements and Terms of Service agreements for a variety of businesses all to their exact specifications. Because we have extensive experience in drafting and interpreting agreements, we can also provide you advice and suggestions beyond your immediate requirements and needs. End User License Agreements are useful for you as a website operator to ensure that you have control over the actions on your website. Help ensure user compliance on your website by contacting Wessels & Arsenault today!
If your business or website is involved in social media or developing web 2.0 software, then it is also beneficial to have a Digital Millennium Copyright Act (DMCA) policy. Conforming to these requirements will help your business avoid liability for potential indirect or vicarious copyright infringement. By careful planning, you can save your business both money and headaches today by consulting Wessels & Arsenault.
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, and we can help you confidently navigate your choices.
Cease and Desists
Is someone using your digital content without your permission? Are your 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, Wessels & Arsenault 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.
Domain name disputes
Cybersquatting has made it challenging for small businesses building their brands to establish a brand presence on the internet. Don’t let someone take your brand’s domain name and resell it to you. Our attorneys are experienced with the U.S. Anti-Cybersquatting Act (ACTA) and Uniform Domain Name Dispute regulations and can help you with your domain name dispute. Wessels & Arsenault can inform you of your legal options to help secure your domain name.
Licensing and Open Source Software Rights
Have you created digital assets or intellectual property and now you need to license and protect it? 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. Do you use the GPL, AGPL MIT, Creative Commons, or other license for your open source software? What if you are integrating open source libraries into your closed source application? 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 call us to day to set up a free consultation.
Located near the U.S. District Court in Denver, Colorado, sophisticated in the latest communications technology, the computer and internet law attorneys at Front Range Legal Services can help you with your legal or transactional issue, even if you are located across the Rockies. Please call us or contact us for a free consultation. The internet and cyberlaw law attorneys at Wessels & Arsenault service Boulder, Broomfield, Louisville, Denver, Fort Collins, Telluride, Vail, Breckenridge, Winter Park, Steamboat Springs, Westminster, Arvada, Englewood, Aurora, Thornton, Brighton, Lakewood, Littleton, Colorado Springs, Pueblo, Golden, and the entire Colorado Front Range. We will discuss your options and help you find the right course of action to protect your rights.