Sunday 22 April 2012

Internet Copyright Laws and Why They Don't Always Work

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Laws and regulations are an integral part of modern society, and they have been with us for a very long time, many centuries to be exact, giving us a guide to follow and conventions to respect. Well, the Internet has also become an integral part of modern society, and it's no wonder that many countries all around the world are trying to create Internet or Cyber laws that will govern everything we do online. One of the most important Internet laws is in fact the Internet Copyright Law, and here will be discussed how it works in some detail.

The US Internet Copyright Law
Everything created on the Internet after the date of April 1 1989 is protected under the American Internet Copyright Law. This can in many cases probably be difficult to understand, but the fact is that if you come from the USA, and you have created something and uploaded it on the World Wide Web is the last 20 years or so, this work of your is protected, and it cannot be stolen by anybody. However, this is true only in theory.

The Problems with the Internet Copyright Law
Yes, it is true that you hold all rights to your work as the original author ever since your work has seen the light of the Internet day. Yes, it is also true that you have the right to take action if someone happens to steal your original work from the Web. However, the problem arises when there is more than one country involved in this process. Namely, if you are an American, and your work has been illegally downloaded by a person from let's say Albania, there's probably nothing you'll be able to do about it. The reason for this is the fact that most countries don't have any rules or regulations regarding the Internet, so even though you might know exactly who stole your work, in many cases you will not be able to act on this fact.

Another important issue related to the Internet Copyright Law is the fact that you often cannot know who violated the law, meaning that there are ways to steal your work from the Internet without you knowing who was actually responsible. For example, modern technology can, by tracing IP addresses, tell you where the person who stole your work was, but can never tell you exactly who this person is.

The Internet Copyright Law and Plagiarism
Plagiarism is another interesting subject related to the Internet Copyright Law, as in many cases it cannot be proven. For example, if you have taken a photograph and uploaded it to the Web, and if someone took this photo without crediting you as the original author, then you can make this person remove the photo, or even sue the person. However, if you have written an original article, for instance, and uploaded it on the Internet, you cannot do anything if someone read your article and steals the idea, even though plagiarism is actually defined as using someone else's words, quotes or even ideas as their own.

You can read more Internet Articles at the ISP 1 Internet blog:

http://isp1.us/blog/


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Cyber Law - Important Points You Should Always Keep In Mind

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Having practice internet law for well over 10 years, I've come to realize I'm not getting any younger. Fortunately, the passage of time has also brought at least some wisdom when it comes to understanding where many sites go wrong from a legal perspective. In this article, let's take a look at a few of the common ones in the hope that you don't run afoul of them.

Images and Content

Oh, the mighty temptation. The web has made everything so easy, perhaps too easy in many circumstances. The fact that you can highlight something, copy it and then paste it onto your site does not mean you should. Most people know about copyright if only because they received a nasty letter for downloading their favorite music for free. Well, it is a nasty area and one you can really get into trouble with. If you use someone's image without permission, then the statutory damages under the law can be as high as $70,000 an image. Since nobody copies just one image, the numbers can grow quickly. There are plenty of free content sites out there, so don't make this mistake.

Email Agreements

Nothing drives me nuts more than email agreements. This is the digital version of the handshake agreement in the brick n' mortar world. Two parties negotiate out a deal by passing emails back and forth or instant messaging. They then go into business together. Something changes with the search engines, product or whatever and suddenly they have very differing views on how things should work. A dispute arises. Guess what? The terms you discussed via email or chatting don't mean anything. Instead, you end up in court with a 60 year old judge who can barely turn on his computer deciding how to distribute the content of your site. It usually ends in tears, so don't make this mistake. Get everything in a contract up front. If the other party doesn't want to put it in writing, that should tell you something!

Burning Bridges

I have to admit I have never seen a field where more people burn bridges than the online business industry. While it can sometimes become a legal issue, it is mostly a practical one. Are you nuts? Why do this? There is an old saying that you should be nice to the people you pass when climbing up the business ladder because you'll be seeing them again when you are on your way back down. A lot of people are learning this now given the horrors of the Great Recession. Just because you are on the web, you shouldn't go with a scorched earth policy. Leaving people with a bad impression can come back to haunt you in the future...a future where you might just need a break or a job.

The internet has created an entirely new medium for business. All and all, the digital revolution has been pretty amazing. You should partake of it. Just make sure you don't leave yourself open to legal or practical problems.

Richard A. Chapo is an internet law attorney with SanDiegoBusinessLawFirm.com.


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Cyber Crimes and the Law

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Defining Cyber crime is not so simple and perhaps that is why there has not been a single definition that is collectively approved by all the law enforcing bodies. However, the below mentioned definition is a commonly accepted and generally used definition by Various US law enforcing bodies:

"A criminal offense in which the computer is involved as an object of crime or as a tool for committing an offense's material component."

If you find yourself under criminal investigation for cyber crime then you should definitely seek legal advice. It is always better to have some knowledge about the law and crime that you are dealing with in order to save yourself from any unjust or undeserving sentences. Further, it will help you in avoiding any activity that may break the cyber law and put you in trouble.

Some of the most common and well defined internet crimes are:

Child pornography: Online predators targeting children are in the top hit list of FBI. Child pornography is considered a very serious crime and even the possession of one such picture can land you in prison for five years. According to 18 U.S.C 110, Sexual Exploitation and Other Abuse of Children, the punishment for such a crime can be up-to 15 years in federal prison.
Cyber stalking: Like the stalking in the real world, people can also stalk others over internet. Cyber stalking falls under the category of harassment and is a punishable offence.
Scams and fraud: Fraud is actually a very broad term and covers a lot of different actions and activities. Basically, these crimes are dishonest acts which are done in order to gain monetary benefits.
Trademark violations: Like it sounds, the trademark violations are those crimes where the registered trademark of one business is used by some other third party over the internet, with or without intent.
Copyright violations: Copyright violations are perhaps the most common online activity. Copying content from any other source on the internet and using it for personal purpose without citing and linking to the source is considered as copyright violation.
Computer and network hacking: These are the cyber crimes which are related to computer as well as network dealings. Such crimes include hacking, website defacing, creating and distributing computer viruses maliciously etc.
Credit card hacking: Credit card hacking also falls under fraud cases but it is now a very common crime therefore we would point it out separately. The credit card information of users is retrieved and hacked by unauthorized personals who intend to use it for personals gains.
Bank account hacking: Just like credit card hacking, the bank card hacking also involves access of bank account information of users. This information is then usually used for transferring funds to other accounts.

The first law against cyber crime was enacted in 1984 and was called "The Computer Fraud and Abuse Act". CFAA is the most important computer statute in US as all the other statutes concerned with above problems come by modifying the CFAA.

Further, in 1986 "Electronic Communication Privacy Act" was enacted which actually was an amended version of wiretap law. According to this law, intercepting, using, accessing or disclosing of transmitted or stored electronic communications without authorization is illegal.

Now that you know something about cyber crime and law you can avoid situations where you can be accused of cyber crime. Further, if you have any doubt or confusion then you can ask legal questions to cyber law attorneys over internet for free and clear all your doubts. It is always better to be informed than make mistake and then regret.

Legaladvice dot com is a platform that abridge the gap between common person looking for free law advice and the legal industry experts who can offer legal suggestions to them. Ask legal questions from the best attorneys in your area based on specialty or by location


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Website Privacy Policy: Are There Different Web Privacy Policy Requirements in the US and Australia?

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Yes, every country has different laws and regulations governing website privacy and consumer protection. However, there are some countries that have yet to adopt any privacy regulations.

Although there are different requirements under US and Australian law, a privacy policy can be made to satisfy the requirements of both countries. Australia is seen as having very strict privacy policy regulations in comparison to many other countries and in many instances, a strong privacy policy under Australian law will likely be valid and be regarded favourably by other countries with respect to privacy law and compliance with local regulation.

Despite this, if you have a website business which provides goods or services to other countries, you should be familiar with all aspects of the laws of other jurisdictions in relation to privacy regulations. To meet the requirements under US law, for example, and under the laws of other countries such as the UK, there will need to be some additions or amendments made to an Australian privacy policy statement. If these extra requirements are left out for a website that is selling goods and services in the US, a lack of compliant privacy policy with US requirements could cause problems for website owners who operate or sell products or services in the US and there are penalties and sanctions for such activity. In addition, the website could be shut down for non-compliance.

When comparing the requirements of Australia and the US, a key additional US requirement needed for a privacy policy valid under Australian law to comply with US law relates to the collection of information of children under 13 years of age. To meet the US privacy requirement, a website needs to ensure they will not collect information from children under 13 years. If the website is not targeted at children under 13 visiting or does not wish to have children viewing the site, the website the privacy policy must explicitly state this.

For a US website privacy to meet Australian privacy requirements, it is a bit more complex as Australian privacy laws are more detailed in their focus. Australian privacy regulations are quite strict on such detail as, for example, how websites collect, store and disclose personal information, focusing on website cookies. US law currently is not as strict as Australian law which means that if a US website wants to ensure their privacy policy is compliant with Australian standards, there are a number of additional requirements that need to be considered to meet Australian privacy regulations. In addition, Australian law has industry specific requirements that healthcare providers, financial services, medical, legal, credit providers and other specialised professionals must be aware of-all which need to be considered depending on the type of website you are choosing to set up.

In summary, with the differing requirements from country to country it is possible to have a policy that covers multiple jurisdictions. However, when considering the privacy policy to include on a website, the owner will need to ensure they are aware of unique and potentially unexpected features of the laws of each jurisdiction that they may be seen to provide services or products to, so that they ensure they have a compliant privacy policy.

Want to know more? Click here for Free information on Website Privacy Policy. Australian legal agreements and forms from http://legal123.com.au/.


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Today's Business Forecast: Increasing Clouds

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They say every cloud has a silver lining - you get some benefit out of every bad thing that happens to you. When you're very happy, you're on cloud nine! If you aren't paying attention in class, your teacher might tell you to get your head out of the clouds. If the authorities think you did it, you would be under a cloud of suspicion. These days, when your workforce is located in three different countries and five different cities connected by the internet, you're practicing cloud-based staffing and utilizing cloud computing.

Wait, what?

That's right. Utilizing a virtual workforce through cloud computing is becoming increasingly popular, because it allows businesses to access talent outside of the local area, it shortens time to market, and it allows for flexibility by giving access to files and data when working remotely and/or outside office hours. If this cloudy terminology is new to you, here is a basic definition to get you up to speed:

According to Wikipedia, "Cloud computing refers to the use and access of multiple server-based computational resources via a digital network (WAN, Internet connection using the World Wide Web, etc.). Cloud users may access the server resources using a computer, netbook, pad computer, smart phone, or other device. In cloud computing, applications are provided and managed by the cloud server and data is also stored remotely in the cloud configuration. Users do not download and install applications on their own device or computer; all processing and storage is maintained by the cloud server. The online services may be offered from a cloud provider or by a private organization."

Cloud computing is what makes a successful virtual workforce, or "staff in the cloud" possible. Flexibility is a huge benefit of cloud computing, as is its ease of use. Cloud computing is often cheaper and less labor intensive because it's online - and therefore the need for massive amounts of server space for storage is removed altogether (you'll probably just see a slight increase in your monthly fee for more data storage). We could continue discussing the benefits of cloud computing; however, the point is it's here to stay, along with cloud staffing. So legally speaking, what does this mean for your business?

When choosing a cloud-based service provider that will allow you to sustain a virtual workforce there are many important points to ponder. You will need to thoroughly review the provider's Service Agreement or Terms of Service in order to find out the following before signing up:

• Where is the actual data stored? (And we mean the geographic location of the company's servers that house all of the data).

• How many servers does the company have?

• What security measures are in place to prevent hackers from accessing the data?

• What notification procedures are used by the company to alert customers of a data breach?

• Who has access to your data?

• Are customers able to back-up the data stored on the cloud on their own servers?

• How do you migrate the data from the cloud if you decide to cancel the service?

If you take these questions into consideration and get solid satisfactory answers, you're ready to hit the cloud!

Joshua M. Marks, Esq.
JM LAW GROUP, LLC
1818 MARKET STREET, SUITE 3740
PHILADELPHIA, PA 19103
215.832.3600

http://www.lawmr.com/
josh@lawmr.com

http://www.youtube.com/user/jmsportsrep


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Importance of A Litigation Lawyer

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A legal litigation lawyer is primarily concerned with providing officially authorized proficiency desired to determine the resolution to a special kind of legal disagreement that primarily do not fall under the category of criminal offences. The conflict can range from among small individual units to among large corporations. For instance, when two neighbors come across a difference of opinion pertaining to any topic like property boundaries, and if they are unable to resolve their disparity outside the legal court, only then the role of a civil becomes essential. Each side would hire a lawyer to support each of their positions before a judge or the jury.

A second prominent situation that calls for the essential role of this lawyers is when Businessmen from time to time come across a difference of opinion regarding some legal concord on contract conditions to an extent that it calls for an authority or the procedure of a lawsuit to resolve the differentiation. A litigation lawyer will usually have the required awareness of the contract and the law, which would give him the ability to construe the diverse contractual sections so he or she can help the authority in reaching a conclusion desirable to the party involved. Also, where there is a compromise on the contractual clauses, the lawyer may be capable of helping the entities involved in rectifying the differences of opinions without actually going for a legal lawsuit. But when the easier way out is not conceivable, both parties can appoint litigation lawyers who will have the required knowledge to deal with the case proceedings effectively to a desirable conclusion.

Another important property specific to the litigation lawyers, which is made most evident when going through the local phone book for the contact of a litigation lawyer, is that a person will notice that there are lawyers with specialties in various fields out there. Every lawyer of this category chooses to specialize in some special kinds of cases, for illustration, whenever an operative feels the impression that there has been percipience or discrimination of particular sort at his work place, he will easily be able to find a litigation lawyer who concentrates in that individual field of law. Federal, state and local laws can be very diverse and complicated and the way they administer behavior in the workplace. Therefore, it can be rather difficult to understand, so hiring a skillful and knowledgeable expert can assist the employee get the reimbursement he merits.

With all the arguments presented above, one conclusion that can be evidently drawn is that a litigation lawyer clearly possesses a very momentous domicile in any society. Given the latest trend, common among people of many countries suing one another clearly acts as empirical evidence of the importance of litigation lawyers in a country. Unquestionably this is the very motivation why so many lawyers out there have constricted their practices to specialisms rather than going for "general" practice.

Miss Lubna K. Jahangiri is one of the most qualified law consultant and experienced business and corporate lawyer in the State of California.


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The Best Spousal Support Attorney

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As happy as one is when they are getting married, it's ten times more depressing when the same marriage falls apart. It is not only stressful for the parties involved but there are a number of legal formalities that only increase once the case engages children as well. However, with the breakdown of a home the financial position of the partners are also affected. In this regard, one of the parties that are most affected financially due to the divorce are give the latitude to apply for spousal support that is also known as alimony. This article will enlighten you with all the important things you need to know before hiring an Albany attorney.

Spousal Support or alimony are monthly payments that one spouse is supposed to give to another one who is in a financially inferior position. The payments are court-ordered and the payments continue until the other party finds a stable job to support their household or their remarriage can also end the support. The laws regarding spousal support may vary according to the State and in order to gain the prior knowledge regarding the paperwork and documentation it is always best to reach an Albany Spousal Support Lawyer or an Albany attorney.

Once the parties are through with the dissolution of their marriage, it is very normal for the legal professionals to discuss the dynamics of alimony. Many legal experts sort this out by discussing some of the important questions such as the amount that both parties must agree on to, the length of support, the method through which the amount will be collected and finally if any changes to the agreement are to be made is usually discussed with both parties and then the paperwork is done accordingly.

There are some implications in the matter that every individual must understand. When it comes to alimony the legal expert first assess the length of time the marriage lasted and the assets that were acquired during this period. The financial assets of both parties are then evaluated and if proper assessments of the assets points towards the fact that one of the parties may be unable to support the same post-divorce lifestyle and the marriage lasted for a longer time then the alimony would be a long-term one. On the other hand, it is completely the other way around if the marriage lasted only for a brief period of time.

However, it must be further noted that when spousal support proceedings are in progress all assets including estate and even your liquid assets can become a major risk; therefore, a spousal support lawyer should be by your side to help you protect your investments. It is further important to carry out proper research before you hire an Albany Attorney to represent your case; usually an inexperience lawyer can only worsen things up for you for both parties who are either seeking spousal support or giving one. Hence, always exercise caution in such matters and do not make the split more distressing than it already is.

Spousal Support Lawyer and Abandonment Divorce are the legal representation to protect your rights during a divorce proceeding.


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Getting Your Content In Order From A Legal Perspective

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Google has announced a new algorithm change in which it is going to attempt to downgrade sites that scrape content or simply reuse what others are offering. It is rather ironic that in doing so, Google raises a legal issue many site owners don't even contemplate - content rights.

I am writing this article with the express intent of submitting it to various article directories and sites. In doing so, I will automatically agree to a non-exclusive license distribution agreement, to wit, I will agree to allow other sites to use this article so long as they meet some basic requirements such as including an article resource box with a link to my site.

Ah, but what if you don't have such a license. Most sites on the web will cite other sites and often copy part or all of their content. The question is do you have the legal right to do so? Let's consider a few examples.

Let's say you take this article and republish it on your site. You publish it without changing it and include the author box with an active link to my site. You've met the republishing license requirements and everything is good. Ah, but what if you don't include my author box? Now you've violated the license, a clear violation.

Then there are scrapers. These programs cruise the web and look for sites related to certain keywords. They then "scrape" off the content and it is republished on your blog or what have you. The programs all work a bit differently, but this is the basic idea. In doing so, the process clearly is a copyright violation. It would be akin to buying the latest Stephen King novel, copying the pages, binding them and then reselling them.

How many people run into legal problems because of this? The truth of the matter is not very many because hiring a lawyer to hunt down someone is expensive. Where the law has failed in some ways in this area, Google appears poised to provide a solution. The news that it will downgrade sites that use unoriginal content is a watershed moment.

Many of the trashy small microblogs and made-for-AdSense sites are in deep trouble. Without Google rankings, there is little need for them. Ultimately, technology will do what the law has failed to.

Richard A. Chapo is an internet attorney with SanDiegoBusinessLawFirm.com - providing legal services such as content clearances for websites.


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Internet Investigator: Tracking Down The Bad Guy In Cyberspace

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Imagine being stalked on Cyberspace. Or even worse...Having your daughter threatened by an unknown, but online attacker. The job of an Internet investigator is to find out who is behind these attacks and help the client get them stopped.

Believe it or not, these types of cyber attacks is an every day occurrence. For businesses, attacks can range all the way from simply an unhappy patron who maybe is a bit over zealous in their reviews to ex-employees or competitors who post lots of rip off reports, anonymous blogs, Facebook posts, etc. about how bad the business is to it's clients; the bad part however is that all the information is made up. And this can even get much worse with executives of companies being threatened, defamed, or much, much worse. While the advent of the Internet has been truly remarkable, for some it is their worst nightmare.

When you talk with people that work at an Internet investigative firm, the stories that they can tell are down right scary.

For non-businesses, the same kinds of things can happen. As an example, untold numbers of people get completely embarrassed by untrue (or over embellished) information posted about them all the way to psychopaths threatening them or their family.

Regardless of the type of problem, their is a new type of investigator that is arriving on the scene... Specifically Internet investigators or cyber private detectives. Unlike the private eye of old, these detectives are skilled in the art of tracking down the people that are guilty of perpetrating these frequently criminal activities. Many attackers are somewhat technically sophisticated and use Internet proxies or other tricks to make it even more difficult to track them. Professional cyber detectives know how to deal with the obstacles put in place by the perpetrator and can help their clients come to a rapid solution.

While we can't reveal many of the high tech tactics used by Internet investigators, we can at least give you an idea of what they can do. Frequently, when retained by a client who is under attack, these licensed private detectives will ask you tons of questions about the attacks, if you know who is doing them, and what specifically you would like to do about. For example, some clients simply want the aggressor found and then legally force the person to stop. Others not only want them found but want hard proof so they can work with an attorney to seek damages.

If you or some person or company you know is being attacked, then it can pay huge dividends to seek a professional.

Reputation Defense Online is a cyber investigative firm, and licensed private investigation firm, capable of handling many aspects of your Internet investigator needs. Please visit our web site or call 813-684-6018.


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Cyber Detectives: Who You Gonna Call?

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As a cyber detective agency, we often tell people that we are the last person you ever want to call.

You remember the old joke. "You know you are having a bad day when Mike Wallace from 60 minutes shows up on your door step"...

Unfortunately, the same is true in our business but thankfully, most people do not need to hire a detective until the internet turns very ugly on them. To best illustrate, let me just give you a couple of examples of how badly the internet has gone for some and then the courses of action to help fix it.

In one recent case, a US Corporation was being blackmailed for over $1 Million dollars by a group that had adverse information and was threatening to expose it worldwide, with the push of a button. Quite frankly, there are not many companies around who don't have some type of information, including trade secrets, that would be devastating if openly exposed on the internet.

In another case, a client was attacked by an antagonist putting up a defamatory site aimed at destroying a private cancer center and diverting business. The attacks were totally unfair and were substantially hampering getting further clients. For something as serious as cancer treatment, any potential client of the center's is going to research their reputation online and come across this very negative (and untrue) information. Obviously, the center must somehow respond and defend their reputation.

To further date myself, this is like an old rerun of the movie Ghostbusters: "Who you going to call when the internet turns nasty?" A cyber detective, that is who.

Frankly, for most clients, they are really distraught by the time they stumble their way into an internet detective agency because they have not been able to make any headway anywhere else.

What a competent detective can do for you is to first, really help you understand realistic options. These options may range all the way from identifying the attacker, to establishing a chain of evidence for litigation support, to developing a case that is then suitable for local law enforcement to then take action.

To accomplish these objectives, the high-tech investigators must maintain a set of skills and software tools that are just not available to the average person, company, lawyer, or even local law enforcement. When people attack online, they typically do not "sign their name" to the information. So, even though the victim may "KNOW" who is doing the attacks, they frequently cannot prove it. This is a role where a good, licensed private detective can help you, especially one with extensive cyber training.

Are you the victim of a cyber attack? If so, check out the Cyber Detective services at http://www.reputationdefenseonline.com/


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Men Victims Of The Internet

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I am sorry to be indiscreet about this sensitive subject but it looks as if this terrible matter is starting to become an issue for a growing number of men of all different economic and academic backgrounds, who get caught in what appears to be a sting operation which could potentially scar them for life. I have seen families falling apart, and men having to move to a different town and even acquire a new identity. Chances are that this is the first time you are hearing about this issue and that what is to follow as you read on, has no direct relevance to you at all. In fact, you might even be a woman and this story is about men being groomed online.

If, as I expect, this subject is completely foreign to you, please do pass this note to other men you know and care about. You could be doing them a big favour.

We hear a lot about young girls being groomed on the internet by older men. This is of course one of the most disturbing subjects concerning internet use. What we do not hear about however, and what you are just about to discover as you read on, is the ease by which men, of all ages, are being groomed by women over the internet, having their photos, videos and personal details stolen and then spread over websites of a certain nature all over the world.

In short, there are some free forums on the internet for people to chat about anything and everything. Naturally these forums tend to be regarded as 'meeting places' where people talk to strangers, exchange ideas and look for relationships, virtual or otherwise. You can normally join up one of these forums for free and start chatting immediately.

Online chatting for many people is just another way to relax from the day's chores by having a relaxing conversation with other online chatters. Most online chat places are friendly places but at times, as you will find out, they could turn out be very dangerous. Male users of chat rooms should particularly be aware that some of the most popular chat rooms are being a host to some very dangerous predators who use chat rooms to make threats and to extort money from male users.

These dangerous predators I am talking about, are believed to be women who have conspired to groom men and then blackmail them.

So this is how it works:

The predator would start a pleasant chat with their victim, and convince them to move the conversation to another chat site to make it more difficult to track their identity. They will then persuade their victim to perform compromising acts, totally naked, in front of a webcam.

Unbeknownst to their victims, the predator will capture the video, save it to their computer, edit it and then post it on hundreds of websites, the nature of which is obvious.

But there is still worse to come. The way the operation appears to be working is this: initially the woman will hunt for her victim. She will try several men before finding one who appears to be naive so far as internet usage is concerned. The predator women do not look for perverts or men who are regular visitors to certain type of websites, as these men tend to be far more suspicious and much more discrete.

They hunt for an easy prey instead. Their typical victim will be a school teacher, a dentist or a police officer. The initial conversation will be very innocent. It tends to be about work, family, location and so on. Suspecting of nothing, the victim will often divulge their children's names and the name of the company they work for. Naturally, once they have given this sort of information, the men become even more trusting.

It is a psychological thing that sharing personal information accelerates the feelings of trust that we feel about our partner to the conversation. Then the woman speaks about herself and surprise surprise it transpires she and her victim have a lot in common.

They both might be a bit lonely, they both could have some marital difficulties to resolve and they both are likely to be craving for love and affection. Neither of them of course will contemplate having an extra marital affair mainly because of their loyalty to their family.

At the suggestion of the woman predator, the conversation will then move to a private chat programme such as Yahoo Messenger or MSN Messenger. This will break the 'continuity of evidence'. Whilst on the public chat, the parties can relatively easily be traced through their account registration details. This will be almost an impossible task with a private chat programme. The move from one chat programme to another will also break the link between the grooming and the shocking action which will follow.

The conversation will continue on the private chat programme and will turn more and more personal until it becomes purely suggestive.

Eventually the victim will be encouraged to perform a compromising act on himself, on camera so that the predator, whose job is almost done can "watch, participate and enjoy". Once the compromising act is concluded, the chat will come to its abrupt end, by the predator simply switching off the programme at her end.

What happens next is very interesting and is probably beyond most people's comprehension.

Following the video conversation which was fully recorded by the female predator onto her computer, she will compile several video clips and will give them titles such as 'John Smith From 91 Cleveland Lane Road, London, A GP and Child Molester Fxxxg Himself In Front of School Children' as well as other similarly colourful commentary. She will then post these videos on to several websites including YouTube and distribute them to countless other websites all over the world. The victim will wake up in the morning to a new reality.

He will first find an interesting email in his mail box from an unknown email address with a short note by his predator and a video attachment. Having watched the horrific video, most victims will immediately carry out an internet search against their own name only to discover that their worst fears have been materialised. By this time, the links which contain the videos have gathered so much popularity, especially following their distribution to the entire world by blogs and emails, that sometimes almost the entire first page of a Google search could be full of links to these videos, each time with a different title and commentary. A total nightmare.

If the victim is married, he will now need to speak to his wife and explain how he allowed this situation to happen. This you can imagine, would be quite a challenging task in itself. It could be a matter of time before his employers will find out, the kids, other family members, the neighbours, business associates or even some thugs who would believe that he is really a child molester or a paedophile. At this stage the victims normally seek legal advice.

They want to know what would happen if, or rather when, certain people discover these videos, in particular their employers. With most employers, it is a sackable offence to bring their organisation into disrepute. Naturally, when we speak to the victims, many of them are in a state of extreme shock. Before we deal with any other issue which troubles them, we, as defamation lawyers give priority to the immediate removal of the videos from the several video hosting websites.

This could be done fairly quickly but of course the sooner we act the better, because as time goes by, the number of links tend to increase and so does the popularity of the videos, as well as the number of people who copy these videos onto their personal computer and could potentially redistribute them in the future. The removal of these videos does not however, guarantee that they will not reappear in the future. It is important that the victims sign up for a monitoring system which operates 24/7 to give early warnings of any future distribution of their compromising videos.

Potentially, these videos can reappear on the internet at any time in the years to come. In any event, with the internet, it is all about speed so the priority is to have these videos removed from video hosts sites as quickly as possible.

I cannot tell for sure what is the precise motive behind the action of the predator woman, but having lately seen so many of these cases I have no doubt that there is indeed a system behind this operation and I am almost convinced that the female predators do this for money. In legal terms, all the victims in such cases have a cause of action in the courts, particularly for breach of privacy.

Although legal action could eventually lead us to the predator's identity this would be very costly and will bring further unwanted attention to the matter, and with it, further reputational damage to the victims. In cases such as this, any publicity is bad publicity.

The police are unlikely to be willing or able to intervene, mainly because of lack or resources and due to the fact that victims choose not to lodge a formal complaint. I will leave it for your imagination to picture the devastation this could cause someone. I have seen male victims changing their name and moving to a different town in order to avoid detection. I also witnessed families falling apart and men feeling suicidal following their involvement as victims in this sting.

Legally, little can be done to go back in time. No level of compensation will persuade any man in his right mind to pursue such a matter through the courts. Sometimes keeping your head down is the best advice to follow. What is left, is for us to spread the word, inform the public and educate people to be more vigilant whilst chatting on the internet. You have to remember that the vast majority of the men who find their lives falling apart as a result of being groomed, are innocent victims who were perhaps guilty of being nave or even a bit reckless, but are certainly not sexual offenders or perverts and do not deserve the potential life sentence which they may have to serve day in and day out.

Most people would agree that it is important to educate both adults and children about some of the dangers of internet chat. These are the dark sides of our new global society and they are not likely to simply disappear. It is only by having people such as yourself passing on this information to others that we can make the internet a safer place for both ourselves and to the next generation.

Yair Cohen is a leading UK online defamation and internet solicitor. Yair is a partner with the niche internet law firm Bains Cohen. The firm is renowned for its innovative approach to resolving client's online reputation problems and for the exceptional level of client and customer care that it practices.

Yair Cohen is believed to be the first lawyer in the United Kingdom to have obtained court injunctions against Google, YouTube and other main internet service providers to force the companies to remove defamatory content from various blogs and websites.

Yair's main strength is in his superior knowledge and understanding of the law in the context of the new realities which the internet presents. The secret to his success in removing defamatory websites is in his unique ability to combine vast amounts of technical knowledge with a unique and creative way of applying it to the law and to business reality.

Visit Bains Cohen Solicitors http://www.bainscohen.com/
Visit Yair Cohen's blog http://www.yaircohenuk.com/


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Forum Owners and Copyright Claims

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Most people start forums because they are interested in a subject and want to create a community where others can chat about the subject as well. There are, however, downsides to forums from a legal perspective if you aren't careful. One is the potential liability a forum owner can face in relation to copyright infringement issues.

For all the talk about the Stop Online Piracy Act, the truth of the matter is the Digital Millennium Copyright Act ["DMCA"] actually provides an effective methodology for copyright owners to demand the removal of illegally posted information. Known as a takedown notice, the copyright owner can serve the demand on the offending site that must then take it down and give notice to the poster who can then refute the copyright claim.

As you can imagine, this process can be a bit taxing on forum owners. One never knows, after all, when someone is going to post a copyrighted image, article or what have you as part of a discussion and few forums have the resources to monitor every post made on their site. Fortunately, the DMCA contains provisions that allow the forum owner to escape liability in such a situation so long as they comply with said provisions.

The magic subject we are talking about is the safe harbor provision of the DMCA. This provision was created to give the YouTubes, Facebooks and forum owners of the world some means for avoiding liability for copyright claims while avoiding shutting down huge chunks of the web as we know them. So long as the site in question complies with the requirements of the provision, it is immune from liability. So, what does a forum owner have to do? Let's take a look and identify where site owners go wrong.

The first requirement is to clearly post a copyright infringement claim page. This page provides copyright owners a method for contacting the site and making their claim. There are statutory provisions that must be included in the statement, but the language is pretty simple. Site owners who let people post on their sites are familiar with this provision and have DMCA notices up on their site. If you don't, act immediately!

Unfortunately, this is where most forum and site owners stop. They think that slapping up a DMCA notification page is all that is needed, but it is not. There are additional requirements and the failure to meet then results in the loss of the safe harbor protection from liability.

The first additional requirement is that the site owner designates a DMCA Agent. This is the person who will handle the claims that come in. Their information should be included in the DMCA notification language, but that isn't all. The DMCA Agent must also be registered with the Copyright Office. This is where most sites go wrong. They fail to register, which leads to the loss of the safe harbor provisions. If you let people post on your site, have you designated and registered a DMCA Agent? If not, you are not in compliance.

A second additional requirement is the forum must have a clear policy on how it will handle repeat copyright offenders. For instance, what will it do if the same member of the forum continually posts infringing material? The obvious answer is the person should be banned from the site and the policy should state as much. Regardless, there must be a policy and it must be published clearly on the site.

The provisions of the Digital Millennium Copyright Act have long been criticized by just about everyone. The criticisms certainly have merit to one extent or another. Having said that, the safe harbor provisions of the DMCA provide a huge benefit to forum owners so long as they take the time to comply with them. If you own a site such as a forum where people post to your site, make sure you do just that.

Richard A. Chapo is with SanDiegoBusinessLawFirm.com - providing DMCA Agent registration services.


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Terms and Conditions: When Does a Website Require Them?

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Generally all websites should have terms and conditions. This will decrease the risk of the owner of the website's liability for damage claimed to have been suffered by a visitor to their site, in a number of ways.

With a website being accessible to anyone, a website owner has no control over who accesses the site or how the information on the site is used. Not only do terms limit liability of the site owner they also, in most instances, form a contract with a user or visitor to your website. Essentially every website that provides any type of goods or service should include terms and conditions governing the payment or delivery of that good or service and in the instance of sale of a product or service on a website, the visitor or customer should be required to click to accept these.

Website terms and conditions are essential for a number of reasons. First with the commercial reality that when there is business online, and with potential clients anywhere in the world, by having terms that are clearly outlined, the governing law will be on the website owner's terms and according to their country jurisdiction so there will be no ambiguity despite location of any buyer of goods or services. Another important note following this is that regulations differ from one country to another so the website owner will need to ensure their terms and conditions comply with the laws in their country.

When a website is providing any type of goods or services, it is absolutely essential to outline how and the terms upon which the goods and services will be provided; this may be as simple as conditionss of shipping or as complex as outlining specifics for a security trading account. These terms and conditions will also need to outline the extent of the website's liability for these goods and services. A common example of this is when goods are provided, the website will be responsible for them while in their possession, but at the time of shipment onwards it is then the buyers responsibility. Other related terms of sale would also be included in the conditions of this type of transaction such as, for example, terms of return of goods, if any, and warranties on the goods or services.

With the worldwide accessibility of websites and website owners being willing to do business with any customer, websites owners should attempt to minimize any possible risks that are posed no matter how foreseeable and wherever possible through strongly worded website terms and conditions.

Want to know more? Click here for Free information on Website Terms and Conditions. Australian legal agreements and forms from http://legal123.com.au/


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Distance Selling Regulations

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The regulations would change the way people purchase things for the better. For online marketing, it gave people the feeling of safety they needed when buying through the Internet.

Every day millions of people perform some sort of transaction online. Whether you're buying your shopping through the local supermarket or using the ever popular auction sites such as eBay and Amazon. You can literally buy anything and everything through the click of a button.

But what about the risks of fraud? How are we protected when we buy?

Pre-sale Information

Under the regulations you are entitled to receive full information about the product or service that you are purchasing before you make the decision to buy. So if you are an e-commerce site it is a good idea, in order to keep to these rules, to include such information as what the product is, does and what exactly comes with the product or service that you are selling.

Written Confirmation

The consumer has the right to receive these details in writing before the sale is done. Basically to comply with this regulation all you need to do after you have received contact from a potential consumer is provide them with a written confirmation about the potential sale making sure that basic information such as your name, address, details of their right to cancellation, cancellation conditions and after sale process are all included. Be wary if these details are not there then the contract is not binding and therefore you, the seller, are not protected.

Cancellation Period

As standard when selling a product online, you are required to leave the customer with a 7 day cancellation period. This is what is known as the cooling off period and the consumer MUST be aware of it. If not then as mentioned in the previous point the contract is not legally binding and you will be in breach of the regulations.

Payment Card Protection

One of the scariest things about purchasing goods or products online is what happens when you use a payment card. The Consumer Protection Regulations 2000 took action to provide the consumer with guarantee that they can purchase safely and that if any fraudulent activity took place then consumer would be entitled to cancel any payments without prior notice. This regulation covers all types of payment cards and not just credit cards.

What the Regulations don't apply to

Although the regulations cover a large band of people and consumers, it doesn't in fact apply to everyone or every situation. If you are doing a business to business sale then you are not covered by these regulations.

Other services and sales that are not covered by these regulations include financial services that are sold at a distance, the sale of land and auctions attended by auctioneers. These other examples are covered by other legislation.

What are the punishments that make these regulations tough on offenders?

Well anyone who is found to be in breach of a Distance Selling Regulation can be sued by the consumer who has suffered as a consequence. So it really is a good idea to comply to avoid a damaged business reputation and the severe financial implications for your company.

Conclusion

The points above are just a basic outline of the regulations that were brought in to protect the consumer from dodgy online dealings and being left out of pocket. Although these regulations were brought in primarily to protect the consumer, there are also parts of the regulations that offer protection to the seller. For example if the goods that have been sold are sealed on delivery and then the consumer opens them this automatically removes the guarantee of a cancellation within the contracted 30 days. The same applies for goods that are specified for the consumer and in most cases a transport service.

For more full information about the legislation visit the Office of Fair Trading Website or contact us


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Internet Law and Social Media in the UK

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The internet is often deemed to be like the Wild West. It is viewed as a lawless region where people can act outside the laws of the land. This is not the case. The jail sentences handed down to a number of individuals who tweeted or posted Facebook messages about the riots in England in August clearly illustrate that there are laws governing what can be posted online carry real consequences. Breaking the law online is as serious as breaking the law offline.

The law that the social media users broke was the Serious Crime Act 2007. Although the law was not set up to cover the use of social media, the use of social media was much lower in 2007 than it is now, the law of the land applies online to the same degree that it does off line.

The Serious Crime Act 2007 states that either "intentionally encouraging or assisting an offence" or "encouraging or assisting an offence believing it will be committed" is viewed as being as serious as carrying out the act itself. So if you post a Facebook message encouraging people to riot and loot then it viewed the same in the eyes of the law as if you were rioting and looting yourself.

Defamation and Libel Online

Defamation and libel laws apply to the online world in the same way that they apply to more traditional forms of print media, TV and radio. If you slander someone online without being able to prove it then you can be open to being sued for libel.

You may think that something you post about an individual of company may well be lost in the billions of webpages in cyberspace. This is not the case as many individuals and companies actively police what is said about them online. Many will issue civil proceedings if they feel the statements are defamatory.

The cyber smearing does not have to take place on a website you own for you to be open to being sued. If you have smeared someone using social media, message boards, forums, review sites, auction sites or email then you are open to being pursued for libel damages.

You also do not need to be the originator of the rumour. If you simply repeat the allegations then you can be sued. It is very foolish to just repeat allegations without double checking that they are true. A re-tweet of somebody else's link to a post about a rumour can place you in line for being sued. It is also worth noting that you cannot defame someone using their nickname and thing you are safe if the nickname is well known by the public.

Attempting to hide behind an anonymous username is also no protection from the law.

Difference between Slander and Libel

A landmark ruling in August 2008 by Mr Justice Eady drew a distinction between de Defamatory comments on internet bulletin boards and forums and those published within articles on websites. The Judge stated that those on internet bulletin boards were more likely to be slander and not libel.

Currently the UK is looking at reforming its libel laws and this will take into account both online and offline forms.

Tony Heywood ©

Visit the following pages for Internet Law and Social Media Law


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Online Defamation By Employees

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It is only when you wake up one morning to the devastating reality of seeing your business reputation being tarnished all over the internet that you can fully appreciate the benefits of having in place a reliable online reputation alarm system.

Would any person in their right mind wait until a fire occurs before seriously considering taking out an insurance policy? Surely not. Online reputation attacks spread on the internet (and then continue to spread off-line), in the same way that every fire starts with a single spark, which then turns rapidly into massive balls of fire that burn and raise to the ground everything you ever worked for. Online reputation attacks tend to spread so fast that they can finish off any business, which is not well equipped to deal with them.

The larger your business is, the stronger the flames. After all, fire has never been known to be deterred by the size of the bush and this is a fact. There is simple mathematics to all of this. The more inflammatory the internet posting about your business is, the quicker it will normally spread - by blogs, web links, twitter, Facebook and emails. A single link to a defamatory website about your business can be sent out by email to a mailing list which could contain thousands of subscribers in less than 5 minutes.

Each recipient of the link may then forward it on to their own mailing list the recipients of which, may also forward it on. In total - it could take l0 minutes or less, for what you have worked for all your life, to go up in flames. This is of course the worst scenario. At best, it would take a few days before the defamatory webpages about your business, take up the best part of the first page of the search engines, for everyone else to see.

Very unfortunately, I have seen exactly this course of events occurring to an IT company from Israel who had been trading in the UK very successfully for over two years. Having discovered that its UK Director was stealing from the company, the head office in Israel decided to summarily dismiss him.

The Director, who was well vested in the technical side of the internet, decided to take revenge by posting negative comments and reviews about his former employer on various websites and forums. The comments explicitly suggested that the company was fraud and that it was simply taking its customers' money and never intended to deliver any work. Shortly after this Director left the company, its UK operation had almost died out. The telephone stopped ringing and current customers started to leave the company with various excuses.

This unexpected turn of events must have cost the Israeli IT company tens of thousands of pounds. It wasn't until one of the company's most loyal customers in the UK indicated that they wanted to terminate their £50,000 contract with the Israeli IT company, that the company discovered the mountains of bad publicity that they received on the internet search engines in the UK.

The managing director in Israel was astonished to find out how a relationship which turned sour with one disgruntled employee, had brought his company's UK operation to almost a complete halt. Eventually, the internet defamation lawyer who was hired by the company to save it from further reputational embarrassment, quickly managed to put a stop to the on-line reputation attacks against the Israeli IT company by its former employee and to quickly restore its online reputation.

The internet online defamation lawyer who acted for the company dispatched a strong legal letter to the former director who quickly proceeded to remove all the defamatory material from the internet. Had he not done so, the company would have had to apply to the High Court to obtain an injunction to force the removal of the defamatory material.

However, much of the damage to the company had already been done and following the swift action by their internet defamation lawyers, the Israeli IT company quickly managed to restore its UK client base and with further advice, started to create a rich online presence in the UK which would make it much harder for anyone in the future to attack it in such a way again.

Yair Cohen is a leading UK online defamation and internet solicitor. Yair is a partner with the niche internet law firm Bains Cohen. The firm is renowned for its innovative approach to resolving client's online reputation problems and for the exceptional level of client and customer care that it practices.
Yair Cohen is believed to be the first lawyer in the United Kingdom to have obtained court injunctions against Google, YouTube and other main internet service providers to force the companies to remove defamatory content from various blogs and websites. Yair's main strength is in his superior knowledge and understanding of the law in the context of the new realities which the internet presents. The secret to his success in removing defamatory websites is in his unique ability to combine vast amounts of technical knowledge with a unique and creative way of applying it to the law and to business reality.

Visit Bains Cohen Solicitors http://www.bainscohen.com/


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Internet Crimes: Definition and Penalties

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An internet crime, or cybercrime, refers to any illegal practice that involves the use of a computer or network, or targets a computer or network. According to the Federal Bureau of Investigation, their key priorities in regards to cybercrimes are: computer intrusion, online predators, piracy, and fraud. Computer intrusion costs individuals and companies billions of dollars every year. By breaking into personal computers, laptops, and networks, hackers can disrupt and sometimes permanently damage vital computer systems. The reasons for computer intrusion vary from the theft of personal information to illegal business practices to terrorism.

Child pornography and online predators are another important focus of the FBI. The Innocent Images National Initiative is part of their Cyber Crimes Program and is dedicated to fighting the spread of child pornography online. It is against federal and state laws to make, own, sell, or distribute any pornographic materials that contain minors. Although each state is different, even the possession of one picture can lead to five years in prison. As one of the fastest growing crimes on the internet, it can be used for a number of purposes. Pedophiles view it, but others use it to prepare children for child prostitution, an act known as child grooming. 18 U.S.C. Chapter 110, Sexual Exploitation and Other Abuse of Children, states that violators can be punished by fifteen years in federal prison.

A crime that has garnered a mass amount of media attention is that of piracy: intellectual property theft. Intellectual property includes: music, books, movies, art, inventions, phrases, designs, and more. Materials that are protected by copyright or trademarks are illegal to copy or distribute without permission. Penalties for piracy vary based on the amount copies or distributed. The FBI has been working on educating the public regarding the seriousness of this crime and the fact that it is theft.

Lastly, another widespread internet crime is fraud. Fraud is a broad category of crimes that involve dishonest acts. When misrepresentation occurs on the internet, it becomes a cybercrime. The most common reason for fraud is monetary gain and can be civil or criminal in nature, depending on the law of the state. The main types of fraud are: identity theft, credit card fraud, bankruptcy fraud, and securities fraud.

If you have been accused of any type of internet crime, it is highly encouraged that you speak with a legal professional as soon as possible. As these crimes can be investigated by government agencies, you need a strong legal representative to be on your side. Time is crucial, so do not wait to get the help you need.

The Miller Law Firm has over twenty years of experience in criminal defense law. With a former assistant state prosecutor on their team, they have the skill and ability to handle even the most complex and serious criminal cases. By speaking to a Sarasota criminal attorney from their team, you could receive the strong legal representation you need to get your case dismissed. From drug crimes to DUI to sex crimes and theft crimes, they have handled hundreds of criminal cases. You deserve professional and high-quality legal defense and they could be able to help you get your life back on track and retain your freedom. To learn more about how they can help you, contact a Sarasota criminal lawyer from their firm. They are available twenty-four hours a day, seven days a week, so call today or visit their website at http://www.sarasotacriminaldefenselawfirm.com/.


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Business Law - Making a Contract on the Web

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Outside of the World Wide Web, it is well established how a contract should be formed based on case law through the years, and how a contract is then concluded. Commonly known, the conclusion of a party is when both parties sign the contractual document setting out the agreed terms and conditions. It is also well known that a contract can be agreed upon verbally but if either party then turns around and denies the existence of any contract between the parties, it is far more difficult to establish evidence to the contrary and proving that an agreement was made between the parties.

To establish a legally binding contract, four elements need to be established which are consideration, intention to create legal relation, offer and then acceptance. Consideration means that each party will benefit in some way by the contract that is being entered into. The intention to create legal relations is generally apparent in all cases, because of the fact that both parties have entered into negotiation. The tricky part to establishing a legally binding contract is the offer and acceptance part. An offer is when a party offers something to the other party to buy, but it must be of a particular item, including the specific nature of the item, the price to be paid, how it is to be delivered and when payment is due. This is often confused with an invitation to treat. It must be remembered that you cannot accept an invitation to treat and therefore cannot conclude a contract.

Generally acceptance is usually achieved by the two parties signing a document containing the terms and conditions relevant to the item offered and possibly any exchange of correspondence. Acceptance would usually determine the time the contract was entered into, the terms of the contract and which jurisdiction the contract is relevant too. This is very common, as most contracts state which jurisdiction the law will relate to just in case there is a dispute on the horizon. Online acceptance is slightly different that a hard copy contract, but the general legal principles are no different. There are essentially two ways to concluding a contract online and that is by email and on the web.

The exchange of emails is similar to exchanging of physical correspondence. It must be that the email accepting the offer must have the same terms as the email giving the offer, therefore a contract will be concluded by a second email, but inevitably questions will always arise as to the validity of the acceptance. Outside the web, the first letter posted to a party after the offer accepting that item is the once which is deemed to be the acceptance which will be the successful one. However, when it comes to online contracts, it has not been determined exactly what constitutes the same as posting a letter. It usually depends on the individual case or situation to determine when an acceptance has been reached.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk


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Online Reputation Attacks Could Be Significantly More Powerful When Videos Are Used

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Since taking over YouTube, Google appears to be on a mission to turn the internet into a multimedia medium and so are the other major search engines. It is believed that Google uses positive discrimination in order to encourage the use of video on the internet and as a result, it gives priority to video results which contain the searched keywords as well as to web pages which contain videos.

This means that online videos could be used as an explosive weapon by those who wish to harm your online reputation. Online videos can be optimized to obtain good placements without the search engines in exactly the same way that optimisation is done for a web page. In fact, some argue it is much easier to obtain high places in the search engines with videos than with web pages. At the moment, online videos remain a major reputational weakness for many businesses. But this weakness can be turned into strength very quickly.

As a tool to protect your online reputation against defamatory videos, if you make an early use of online videos, having at least 4 or 5 short ones, you will soon find that your business is found also on YouTube and on other websites which pick up videos from YouTube, but more importantly you will have created an important, yet simple and relatively inexpensive defence shield, which would make it more difficult for anyone else to penetrate. There are production companies out there which would create a series of 4-5 60 or 90 second videos for you from as little as £500.

If you don't want to spend any time on this, they can use images to create the videos or they can even speak to your customers and create a compilation of testimonials. For our purposes, having the videos out quickly is the most important thing. Later on, when you are ready to put together a more robust online video marketing campaign, you will be able to add to or even replace your initial videos with your latest Oscar Nominated production. The general rule is: "the more and the quicker, is the better."

Yair Cohen is an Internet Lawyer in the UK. Learn more about Internet Law and Online Defamation - http://www.bainscohen.com/


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Source Code - Preparing For Disaster Of Your Coding Partner

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AppId is over the quota

The web has created a world of business partnerships that are unique in the history of business. This is particularly true in a situation where sites are incredibly reliant on the third party programs they use, a reliance that can become an anchor if the third party has problems.

Let's consider a very common situation on the web. I have a product I sell in the brick n' mortar world. I obviously want to take it online, but don't really have a clue on how to do so. I shop around and find a company that will build a custom site for me with a custom database, shopping cart and tie in to my inventory. It is the perfect one-stop platform for what I want to do.

I sign up with the company. A few months later, I have my site up and everything is running perfectly. The online effort is a hit and the next two years go great. I am gearing up for the online Christmas shopping season one November when suddenly I get a notice that the platform company has lost a lawsuit for $2 million and is going bankrupt.

Oh, no.

Besides the inconvenience, there is a rather obvious problem. I need to move my site, but how can I do it? The platform company did all the programming and has all the code. I don't. Even worse, the fact they are in bankruptcy now means I am going to have to petition the court for the code, which I might or might not get since the creditor will also be trying to get it. Even if I do get it, the process is going to take months if not years and I have the Christmas shopping period just around the corner! What a disaster.

The way to deal with these situations is to enter into source code agreements at the outset of the relationship. These agreements are highly negotiable, but the basic idea is the programmer puts the code into an escrow account. If something happens that prevents them from continuing to perform, I can pull the code out of escrow to keep my sites running.

If you've had programming done on your site, you must demand this be done. If not, you are inviting a disaster when something inevitably happens down the line and you don't have access to the code.

Richard A. Chapo is with SanDiegoBusinessLawFirm.com - providing source code agreements for clients.


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Computer Crimes and Federal Offenses

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AppId is over the quota

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don't hesitate to contact a federal criminal defense attorney immediately.

The Law Offices of Guy L. Womack & Associates, P.C. is conveniently located in North Houston, Texas. Their firm has been providing their clients with outstanding defense representation for all sorts of federal and state criminal offenses. Whether your case is going to military, state or federal court, they have the knowledge, experience and tools necessary to protect your legal rights. A member from their legal team is prepared to meet with you in person for a free consultation. They would like to provide you with both sound advice and potential defense strategies that may aid in your defense. Their goal is to help their clients obtain the best possible outcome in the charges against them. They will search for any mitigating circumstances that might get the charges against you reduced or dropped entirely. You are urged to contact a Houston federal criminal defense lawyer from their firm at (800) 990-8762 today.


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The Birth of Internet Crime

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The birth of the internet has transformed the world as we know it. It has clearly grown to astronomic proportions since it became a household name in the mid 1990's. If you were born before 1980, you have watched the world change from using rotary telephones to iPhones. These days nearly everything can be controlled by the touch of a button.

Bills can be paid online, movie tickets can be purchased online, you can talk to your loved ones online, and you can take a complete college course - without having to step foot on campus. The possibilities of the internet are endless - and technology is changing more rapidly than we can learn to understand it.

Today, teens and individuals in their twenties are grasping and exploiting computer technology like never before. Children are already known for their marked ability to learn and assimilate information at a very young age - absorbing and utilizing the internet and computer systems are no different than learning how to build a tree fort. For some families, their 13-year-old can build an entire computer system as his father built a model car the generation before.

With the advent of the internet, came an entirely new way to commit crimes. The terms internet crime, cybercrime and computer crime are used interchangeably. Simply put, internet crime or cybercrime is a form of crime where the internet or computers are used as a medium to commit crime.

Internet crimes are vast and expansive and can include anything from downloading illegal music files to stealing someone's identity. Cybercrime can also include stealing millions of dollars from online bank accounts to distribution child pornography. One of the most common forms of internet crimes involves identity theft which is commonly done through phishing and pharming. These methods set up fake websites (that appear legitimate) to lure unsuspecting victims. People are asked to give out personal information such as name, address, phone numbers and bank accounts. Criminals then take this information and "steal" the person's identity.

Internet crimes are not limited to targeting the consumer; cybercrimes have gone so far as to take on global proportions. Cybercrimes can also encompass criminal activities such as espionage, financial theft, and sabotage. In May 2010, the Pentagon established the new U.S. Cyber Command, which is headed by the director of the National Security Agency (NSA), to defend American military networks. It also serves to attack the computer systems of other countries.

Due to the fact that criminal activities have spread at a rate that law enforcement has had difficulty keeping up, entire task forces have been developed to crack down on internet and cybercrimes. There is a method called electronic discovery, or e-discovery, which is a type of cyber forensics. Electronic discovery is a process employed by law enforcement where they can obtain, secure, search and process any electronic data for use as evidence in a legal investigation. Electronic discovery can involve just a single computer or it can incorporate an entire computer network.

When you are facing allegations for internet or cybercrimes, it is essential that you seek the advice of a highly skilled attorney who you can trust. When your future is at stake - you need somebody who is familiar with both computer technology and the criminal justice system. You are urged to contact an experienced criminal defense lawyer who can help you learn more about what steps you can take to protect your legal rights and your future.

At the Law Offices of Aaron T. Hicks, we are a criminal defense firm that is devoted to serving clients in San Diego and the surrounding areas. We have successfully defended all types of criminal charges including internet crimes. We understand the difficulties that you are presently facing, and make it our mission to thoroughly investigate every aspect of the charges against you. When your future and your freedom are in the hands of the prosecution, you can't afford to have less than a competent defense attorney. Contact a San Diego criminal defense attorney from our firm for a free initial consultation today at (619) 519-7400!


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E-Commerce And Cyber Crime - Part 5

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AppId is over the quota

E-business security is not any detached process. It is an ongoing as well as comprehensive process of adding, removing and managing action layers that are based upon holistic risk management strategies. In military as well as other organizations, this concept is referred to as "defense in depth," a popular mark that does not sufficiently capture the concept of a "from-the inside-out" cyber defense.

Nowadays the organizations are providing greater access to their systems to the normal people as well as the outer systems. So the danger is immense now. For getting safe from that danger, an organization needs to integrate a cyber defense system encompassing all the interconnectedness points from the inside out. In order to avoid escalating e-crime risks, the organizations need to avoid one dimensional, under informed behavior and rather develop a holistic strategy in case of cyber defense. There are some steps that are taken by the leading organizations. These are as follows:

1. Establish security policies that are focused, clear and integrated.
2. Alert the employees properly and provide them with technical training.
3. Hire capable as well as trained workers and support them in building and maintaining an integrated response to attacks.
4. Inspire awareness about the electronic risks and threats throughout the organization.
5. Pursue the e-crime perpetrators against the organization to the fullest extent of law.

Such a system offers a lot of benefits in deterring attacks and in diminishing the intrusion effects. If properly implemented as well as communicated, an enterprise wide cyber defense system can help an organization in case of preventing liability on behalf of the client management, avoiding regulatory action or potential lawsuits, recovering lost revenue, maintaining or restoring its reputation as well as integrity. Thus preparedness can become a strategic advantage in a business environment that is increasingly dependent on the security as well as reliability of the computer networks.

An ideal enterprise wide cyber defense includes integrated strategies which is established in the form of policies, procedures, philosophies, practices etc. and is implemented through defined action plans. These strategies should encompass legal, technical and business strategies. These strategies should be implemented in such a way that considers customers, employees, suppliers, third party relationships and other key stakeholders. Thus, instead of a "wrap around" capability which encompasses all the systems as well as processes, a strong cyber defense system is an integral part of those processes and systems.

When creating a cyber defense system, organization leaders should consider very carefully what they can lose.

Assets of new economy business encompass a wide variety of intangibles that can be removed very easily in a virtual setting. In order to understand the implications of potential losses and have the ability to defend against them, organization leaders need to learn how to define "assets" in the widest possible way. Once the organization knows what they need to protect, they need to develop a specific strategy to implement an enterprise wide defense program. Such a strategy should encompass response procedures as well as standards that are integrated into daily business.

http://www.criminalattorneyin.net/ is the resource for your ultimate criminal law solution.


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Cyber Stalking and Cyber Bullying - Don't Let It Happen to You

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AppId is over the quota

I am on the lam. Running for my life. I feel like pinching myself because it is surreal. Is this really happening? How can it be that my life has been so disrupted by one person?

What is worse, is that this is the second time in 15 years that I have had to do this. Sell everything I own. Change my name. Leave town. Start my life over from square one. New friends, new loves, new work, new everything. This just doesn't happen to people. Why can't I stop it?

I am writing this article because I want other victims out there to know how far these kinds of games can be taken, and what to do from the very start. Because at the very start I didn't take this serious enough and it spun out of control so fast and so horrendously.

Cyber stalking and cyber bullying are on the rise. And if you get on the other side of a really sick and sadistic person, as I did 15 years ago, your life can become a nightmare of epic proportion. Cyber stalking and cyber bullying usually flip back and forth between online and offline harassment. Take care if you think somebody is victimizing you online. Online abuse can become offline abuse very quickly, and the opposite is true as well.

I have made so many mistakes throughout the course of my ordeal. If you think that you are a victim of a cyberstalker or cyberbully perpetrator, please read the following and take the necessary action.

Don't ignore the first signs of stalking, bullying and harassment.

This was my biggest mistake. The minute I began having trouble with these people I should have slapped a restraining order on them. Even though I could not prove they were doing anything, a restraining order would have shown them that I was not going to put up with their stuff, and also if I were to get evidence, the consequences would have been more harsh for them. Nobody wants a criminal record, and so it's a good idea to let them know you mean business.

Don't think that they will stop. They will not stop until you stop them.

This has taken a long time for me to learn. I put up with vandalism, harassment and degradation of my character for 3 years before my first time moving, thinking the perpetrators would have moved on to attempting to have a life of their own, and I was wrong.

Then, after 5 or 6 years of thinking the ordeal was over, I allowed myself to be vulnerable to it yet again, and that is why I am in the position I am in today.

This personality type will not stop for anybody or anything. They are mentally disordered, do not forget that. They do not think like you and I or anybody operating within the realms of normal behavior.

If your trouble continues, move and do it fast.

If a restraining order doesn't work and you cannot stop them, move immediately, quietly, and do not tell anybody when or where you are going. Get a P.O. Box at least 2 zip codes away from where you are living. Do not forward mail through the U.S. Post Office. Contact the people you receive mail from and give them the P.O. Box.

Also, these days there is virtual mail. There are a lot of services out there, so pick one that suits you, and don't tell anybody that you are doing it. I made the mistake of thinking that the people working at the service would not give out my information. I gave the address out to one of the perpetrators and the service was compromised. So if you sign up for virtual mail, keep in mind they are not as solid as the U.S. Post Office, and can be compromised. Keep the information to yourself.

Don't give your cell phone number to anybody.

If your stalker/bully is clever like mine, she will infiltrate your social circle somehow to find out where you are. There is a product on the market which allows these types to install software onto their computer, put your cell phone number in, and then your perp will have access to your phone conversations and text messages. More frightening, they can track your movements through the GPS feature on your phone. They do not need access to your cell phone to do this. They can't access your email, but any access to private conversation, texting or your whereabouts is heinous and violating.

Get a land line or VOIP through the computer, change your cell phone number and use the cell for emergencies only. Sorry. It's terrible to have to give up that cell, but if you are in serious trouble, you just have to do it.

Computer security.

When going through your emails, do not click on any links from anybody who you are not familiar with. There is a way for perpetrators to send an email with a link that if clicked will install a software on your computer, without your knowledge, that will give them access to your emails. Be very careful with this, it is all too easy to absent-mindedly click on a link that can cause you a lot of cost and trouble.

Visit http://www.thejoythieves.com/stalker-personality-type/ to find out about the cyberstalker/bully personality type and what they are capable of.

Written by Connie Brill. Find out more at http://www.thejoythieves.com/


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Practical Issues To Consider When Purchasing An Internet Site

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AppId is over the quota

The web as a business portal is here to stay. While nothing is permanent, we can certainly say with some confidence that the internet will remain with us in one form or another far beyond our life spans. This means you need to jump on board the digital train if you want to gain access to a huge consumer pool. The question is how to do it.

Give me convenience or give me death! This seems to be the slogan of the modern world. The web certainly seems to be a creature designed to meet this goal as well. Where else can you get such instant gratification?

Given this, it is somewhat ironic that one of the prevailing issues with how well a website will rank in the search engines is how old it is. The more age on a domain, the higher it seems to go with even a modest SEO effort. This leads to a conundrum for would be site owners. Should you start a brand new site and suffer age discrimination or just pony up for an older site that already has matured? If the older site option seems the best, there are a few practical issues you need to consider.

Let's consider a site about 1GB of RAM computer memory. I happen to own such a site. It has done well through the years since people looking for such memory come to the site, read up on the information available and then buy RAM through various affiliate programs I list on the site. The older this site gets, the higher it ranks.

Would this be a good site to purchase for someone looking to get into the web game? At the risk of cutting my own throat here, I would have to say no. There is nothing wrong with the site. The problem is evolution. Computers have advanced so much that the idea of buying 1GB of RAM will soon be the equivalent of buying a needle for a record player. While there will always be collectors interested in antiques, the total pool of consumers is disappearing.

Let's consider another example. How about buying the website for AOL? It's laughable. The site is worth something, but nothing compared to where it was 10 years ago when we used to all get those annoying disks in the mail. The simple problem is AOL's time has come and gone. You need to ask yourself the same question about any site you are looking at. It might seem like a great pick now, but how about 5 years in the future?

Buying an existing site is definitely a good way to get a leg up in the online game. That being said, you need to take the time to determine whether you are buying a juicy melon or a lemon.

Richard A. Chapo provides legal services to parties buying a website via his site at SanDiegoBusinessLawFirm.com.


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Steps Involved In Formation Of Corporations And The Importance Of Business Lawyers

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AppId is over the quota

Corporation is a distinct and legal and separate entity from the persons who have created it. Of all the business organizations, corporation is the most common form, and its owners are not responsible to pay for its liabilities. Corporations can be classified as: profit corporations, non-profit corporations, public corporations, private corporations, professional corporations, publicly-held corporations and closely-held corporation.

In this article we are going to comprehensively outline the formation of corporations and the importance of the role commercial and real estate lawyers play in this formation. It follows a procedure which includes the following steps: First of all, a name is to be decided for your corporation which should not be the same as any other registered corporations. The name should end with a corporation designation like 'corporation', 'limited' or 'incorporated'. However, some of the restricted words cannot be used such as 'federal', 'national' etc. To avoid any complications you need to contact the corporation's office and get a name registered. Since this process can get a little technical most individuals prefer appointing a business lawyer.

The second step is to appoint a board of directors, who make the financial decisions for the corporation and finalise the policies. They also appoint different officers and decide their salaries, make approvals for loans to be taken and other major decisions such as issuing stocks. They are appointed by the owners of the corporations before the beginning of the business.

The next step for the formation of a corporation is to file the 'articles of incorporation' with the corporation filing office. These are to be created and signed by the owners of the corporation. A member of the board of directors is appointed as the 'agent' so that public can contact the corporation through this 'agent'.

The formation of a corporation also requires you to create the bylaws, also known as the internal laws for your corporation which deal with daily decisions. For this, usually a lawyer is appointed who drafts them out for you. Another important step is the signing of an agreement, for the transfer of ownership of the corporation, after the owner becomes disabled, dies, retires or decides to leave the corporation.

The final step is obtaining required permits and licenses for your business. The most important being the business license, which is your tax registration certificate. You also need an employer identification number and a permit from the local planning board for your business. All these tasks can be performed efficiently by a business attorney.

If you are thinking about starting a corporation then you should get in touch with Miss Lubna K. Jahangiri, her real estate and commercial law firm is located in the State of California. Her expertise and knowledge in business law can make the procedure of forming a corporation convenient and hassle free for you; the vast knowledge she processes can act as a sole source of guidance throughout the procedure. The second pertinent advantage of consulting Miss Lubna is the reasonable fee she charges. The unmatched quality of her services along with a very affordable fee makes her the perfect choice for formation of your corporation.

Miss Lubna K. Jahangiri is one of the most qualified law consultant and experienced business and corporate lawyer in the State of California.


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