New FTC Rules For Online Promotion

On December 1, 2009, the Federal Trade Commission (FTC), an agency of the United States government, published a new set of guidelines on testimonial advertisements and product endorsements. These guidelines affect all commerce within the United States of America, including online commerce. If your business is based in the United States or targets residents of the United States, you need to be aware of and comply with these rules.

The two major changes that affect online businesses deal with how testimonials are presented and the expansion of what constitutes a “material” relationship between two parties.

Customer testimonials are used to sell many products online, just as they are used in print, radio and television advertising. Besides upholding the principle that these testimonials be accurate and authentic — that they come from actual customers with arms-length relationships to the business promoting the product or service — it also requires businesses to clearly disclose what a typical customer can expect from purchasing or using the product or service.

For example, a weight loss program that includes testimonials from customers who lost 11 pounds in one week would have to disclose that this is not typical, that most customers would in effect lose an average of only (say) 1 to 2 pounds per week instead. Because consumers place more trust in testimonials, it’s important that they not be used to mislead consumers.

The biggest change to the FTC guidelines, however, revolves around endorsements of products and services, particularly from online bloggers. Any kind of “material connection” between an endorser (like a blogger) and an advertiser must be disclosed to the consumer. A material connection can be a cash payment, a free sample, or some other benefit to the endorser from the endorsee.

If you receive a free copy of a product or free use of a service in exchange for writing about it, you must disclose this.

If you receive a payment or commission for selling a product or service via a positive review, you must disclose this.

If you are paid to write about or mention a product or service, you must disclose this.

Again, these rules are there to protect the consumer. There are special rules that affect expert and celebrity endorsements as well.

Failure to comply with the FTC guidelines leaves your business open to litigation, which could be nuisance at best and disastrous at worst. Each violation can subject you to substantial fines.

The best defense is to be open and honest with consumers. Be sure to disclose any relationships you have with your advertisers or with the products or services you promote, and make sure any testimonials you display are accurate and typical. It’s better to be safe than sorry!

Eric Giguere writes about many topics, such as how to set up a website or how Google Suggest works. Be sure to read his other articles for more great information!

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Britain’s Latest Internet Laws – How Do You Stand?

Heavy fines and loss of internet connection are just two ways you could be penalised if anyone on your computer or network is found to be downloading files that breach copyright regulations. American readers contacted me outraged at what they see as the government limiting our freedom in the UK, following an article on the popular technology website Boingboing about the recent Digital Economy Bill. I promised no more acronyms today so I refuse to call it DEB!

It came as no surprise to me to hear that users can lose internet connection if they illegally share files, or even if anyone in their home or organisation has been doing this without their knowledge. A TV documentary months ago showed how filesharing can easily be tracked, and my own internet provider had decided to cut off connection for anybody doing this. I can’t say I minded and in fact I was pleased. The documentary worried my own teenagers and they have since resisted the temptation to download free versions of expensive software from sites their friends were recommending. No more worries about them secretly getting dodgy downloads that could damage the computer.

What this new bill does show is that you need to be aware of what is being downloaded to your computer or network. I need a top level connection for broadcasting work I’m involved in and only my ISP can provide it, so if we had been found guilty of filesharing it would have been disastrous for my work. This can easily happen due to somebody downloading files without your knowledge, or due to hackers using your network in order to hide their own identity.

If your network is used the penalty will affect you rather than the hacker, and with fines of ?50,000 for filesharing, plus the risk of losing internet connection and having websites blocked, these new laws are to be taken seriously. Internet Service Providers who don’t take the necessary steps to investigate and find breaches in copyright can be fined ?25,000, so we’re likely to see more action taken against this kind of offence.

The Boingboing article stirred up controversy but is it a fair view of the internet in the UK, and the validity of these laws? The journalist sees these regulations as targeting the entertainment industry, and protecting copyright in this field, but surely this also protects other types of software download.

The article accuses Peter Mandelson, who is responsible for the Bill, because it doesn’t include measures to stimulate the digital economy by ‘ensuring that broadband is cheap, fast and neutral’ and also to get ‘Britain’s poorest connected to the net’. It also states that copyright rules shouldn’t get in the way of entrepreneurship and the ‘freedom to create new things’, because schoolchildren should freely be able to use the publicly-funded media such as the main television channels.

It’s always interesting to hear a view of a country we live in voiced by journalists overseas. I would have thought children already benefit from free access to the main television channels here, that internet is available very cheaply to the poorer members of the community (in fact it’s probably the cheapest thing we can do at home for entertainment and education if there isn’t enough money to go out, and lottery-funded computers are available in public libraries), and that the level of broadband service is higher than that experienced by many of my American contacts. What do you think?

GEID | Technology
Glenn O’Brien
http://www.geid.co.uk

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Hiring a Lawyer to Deal With Internet Crimes

Even before the invention of the Internet, identity theft crime was a problem for millions of people. Now that the Internet flows into millions of homes around the world, online identity theft is running rampant and new laws are passed every year to combat this growing frustrating problem. When you’re charged with identity theft, you need to know what to expect.

The severity of the punishment for an Internet identity theft will typically be based on two things. Most importantly, it will be based on the amount of property or goods that were stolen. This is measured in monetary value. Second, the punishment is also likely to be based on previous conviction records. Because the charges can vary, the right criminal defense for you will be determined by the specific charge against you.

You will need to get yourself a criminal defense lawyer who has lots of experience dealing with identity theft cases. These already know a lot about the laws involved and will be able to make sure your case runs as smoothly as possible. A criminal defense attorney also needs to be very patient and able to explain the charges in a language that you understand. The laws are continually changing and this means that it can be very difficult to get the information you so desperately need to defend yourself. However by hiring a criminal defense attorney you should be able to get all of this information.

Remember that the prosecutor attorney will have unlimited amounts of resources at his/her disposal. You should also bear in mind that it’s not just one person working on your case but a bunch of folks including aides, clerks and lawyers. Since you’re fighting all these folks to “clear” your name, you need to hire the best criminal attorney possible. When you have legal counsel on your side, he/she will pool their resources together to combat the prosecution.

When you’re choosing a lawyer for an Internet identity case, it’s best to choose someone who has experience in similar cases. They’ll be able to use their prior research and experience to best defend your case. Ask they for information on cases they’ve handled that are similar to yours, and inquire about their success. Choose an attorney who has a proven track record of positive results.

One of the biggest concerns people have when hiring a criminal defense lawyer is the cost. However hiring a lawyer can actually be cost effective when you stop and consider the lost wages while the case is being sorted out, or while you are in prison. Hiring the best legal representation will help to speed up the whole process and ensure that you get the very best result possible.

It’s perfectly normal if you’re scared; after all being charged with any crime can be scary. However, if you’re able to retain yourself a great criminal defense lawyer then you can relax that he/she is fighting for your freedom. Your case’s outcome is likely to be more in your favor with someone who is standing on your side and understands the entire criminal defense process.

Colin Daives writes general information articles about criminal and DUI law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more, contact a Colorado criminal defense attorney or for assistance with your case in the state of Colorado, contact a Denver criminal lawyer today.

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Cloud Computing – The Legal Issues Are Somewhat Cloudy in the Cloud

“Cloud computing” has become a very hot topic. For the uninitiated, “cloud computing” generally refers to providing access to computer software through an Internet browser, with the software and data stored at a remote location at a “data center” or “server farm,” instead of on the computer’s hard drive or on a server located on the user’s premises. This is also referred to “software as a service.”

Proponents of this approach claim many benefits, including lower costs, less need for on-site support and “scalability.” “Scalability” means that the number of licenses and available resources can easily be adjusted as the need increases. Access can typically be provided to any computer with a browser and an Internet connection, but can be controlled through password protection and other measures. Proponents also argue that the cloud makes it easier to manage and push down software upgrades. Software as a service is usually provided on a fee for service approach that may result in cost savings compared to the traditional local area network. Think of it as somewhat like renting as opposed to owning.

Cloud computing is not a technology of the future, but is here today. Google, for example, uses this approach to provide its suite of business applications intended to compete with Microsoft Office. Google applications are provided free or at very little cost. Salesforce.com is one of the best known providers, providing customer relationship management (”CRM”) software to a growing list of companies. IBM and Microsoft are also entering the playing field.

There appears to be little doubt that cloud computing is here to stay, and that it may indeed represent the future of information technology. There are many advantages and potential advantages to the cloud computing model.

That said, from a legal perspective, cloud computing raises a host of issues. Having spoken recently to several cloud computing vendors, there are some rather obvious questions. Perhaps the most obvious question is, “What happens if you lose my data?” The answers I was provided focused on technical and not legal issues, such as the back-up procedures provided.

Technical issues are important, and there are certainly technical issues that a potential customer may want to consider, such as maintaining a back-up on site, or a back-up through a separate vendor. These approaches might provide some real practical protection in the event of a catastrophic failure or bankruptcy at the primary provider. Other technical issues might focus on what happens when the relationship ends, whether happily or not. Is there another vendor that can provide the software and host the data? Will data have to be converted to a different format? If the customer decides to switch back to a local area network, will the terminals that have been used for cloud computing (which, I am told, can be very basic “low powered” machines) be of any use, or will a completely new network need to be installed?

Although technical solutions are a good thing, over twenty-five years of litigation experience have taught me that disasters do happen, even with fail-safe plans in place, and even with parties acting in complete good faith. And, I suppose, it is natural for a lawyer to focus on legal rights and remedies rather than technical solutions.

From a legal standpoint, cloud computing appears to raise a host of essentially contractual issues to be addressed by the parties’ contract or licensing arrangements. There are also potential regulatory issues (ranging from privacy to export control issues), potential e-discovery issues, and certainly other issues that have not yet crossed my mind.

As businesses and their lawyers become more experienced with cloud computing issues, it is likely that a consensus will emerge as to how cloud computing issues will be addressed. Hopefully, purveyors of cloud computing services will be flexible and reasonable in addressing legitimate business concerns. However, given the prevalence of “standard” licensing in the software field (often on a shrinkwrap or clickwrap basis) and efforts to limit liability under any circumstances, there is some cause for pessimism.

All that said, here is a list of issues that one might wish to consider asking a vendor or otherwise considering in entering into a possible cloud computing arrangement:

• What contractual obligation will you assume to protect my data? This could include reference to particular steps and procedures, including back-up obligations. The contract or license may specify a standard of care that the provider must meet.
• What contractual obligation will you assume regarding uptime, if any? Will you provide any type of uptime warranty? Even if such a warranty is subject to a limited remedy, it probably would provide considerable incentive for the provider to limit downtime.
• Most providers seem savvy enough to disclaim any interest in your data and will freely say — in a sales setting anyway — that “your data is your data.” Well, that’s good, but how do I physically get my data back at the end of the contract or if you go bankrupt?
• What remedy limitations, if any, are in your terms? Are consequential damages excluded? Are total damages capped (such as to a return of fees paid)? Even if contractual obligations are assumed, if remedies are severely limited, the provider may be shielded from liability.
• Where is my data going to be stored? Are you willing to agree that all my data will be kept in this location under specified conditions and at agreed security levels? This could be important for regulatory reasons, but also for reasons associated with meeting general customer confidentiality obligations or complying with privacy policies.
• Have you inserted a forum selection clause into the terms? Many providers want to insist on litigating on their home turf (which often, it seems, is California), but that is rarely a happy instance for a customer.
• How do I get out of this arrangement if you do not perform and what is my exit strategy? What rights do I have upon termination? What obligations do you have to assist in transitioning to a new vendor or back to a self-managed platform?

If you are considering going to the cloud, you should consider involving your business and technology lawyer early in the process. As stated, there are probably many other legal issues that have not even occurred to me. It is clear, however, that lawyers need to begin considering these issues, because cloud computing is clearly not going away.

John L. Watkins is a Shareholder of Chorey, Taylor & Feil, a Professional Corporation, a business litigation and business law firm in Atlanta. John has been a commercial litigator for over 25 years, and has handled a wide variety of cases. Currently, John’s litigation practices concentrates on trade secret (including computer data misappropration), insurance coverage, corporate, shareholder, and commercial contract matters. Joh also negotiates and drafts sales contracts, non-disclosure agreements, and other business documents. John represents domestic and international companies or their U.S. subsidiaries. He has spoken frequently at public and private domestic and international seminars on various legal topics.

John graduated first in his class at the University of Georgia law school in 1982. He was named to the list of Georgia Super Lawyers in Business Litigation by Atlanta Magazine and the Journal of Law and Politicis. John is rated AV by the Martindale-Hubbell Law Directory, its highest rating, and 10.0 by the AVVO website, its highest rating. More information can be found at the firm’s website, http://ctflegal.com, or its podcast page, http://ctflegal.blip.tv

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Missouri Laws and Free Speech

Cyberbullying has been a serious problem in this nation for a long time. Missouri has had a well known history of this with the Megan Meier case that occurred in 2006. Not long ago, a ninth grader was arrested under this law when she created a nasty website against another classmate. “She would be better off if she just died” was a comment used on there. The bully has been turned over to the juvenile system. The current law went into affect in August 2008 and has caught others under this law.

There have been many who have argued that they have free speech in this nation so that it is okay to say whatever they want and when they want. True, we have that in America and a lot of times, in the heat of the moment, people tend to say things that they normally would not say or regret saying. People verbally fight and lash out at one another when angry as that is normal. However, what about when something is posted online and these things are open to everyone around the world? Vicious lies about others that can be read by friends, family and even strangers? This is not like a verbal argument where something is said and forgotten. When something is posted online, it is there to stay unless someone removes the post. Children think that by posting these things, nobody will come across them except for their friends and those they know. They never think of the long term affects and the dangers in what this can do to another person. So, is free speech worth it?

I hear so many people say that because of free speech they can say what they want. Not just children but adults as well. I believe in free speech and yes, we all have a right to it. However, when it comes to slander, verbally hurting someone or posting something nasty online then yes, there needs to be consequences. We need to stop and think before saying things as we do not want it to affect others out there. It is important for adults to know this and for them to teach it to their children. We need to be protecting children from these kinds of things and not enabling the problem.

Thank you Missouri for staying on top of this problem. It would be a much better world if we all did watch our words and stopped verbally trying to hurt others. Maybe one day that dream will become a reality. Having laws sure does help.

Resource Cited:

http://www.wired.com/threatlevel/2009/10/bully/

Elizabeth Bennett is an author, consultant and speaker for Peer Abuse Know More! To learn more, visit http://www.peerabuse.info and see how you can fight Peer Abuse in this nation. Also, follow Elizabeth on twitter at http://www.twitter.com/PeerAbuse.

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Funny Cat Videos Websites and the Law

If you are planning on running and owning your very own funny cat videos website then you should be aware that there is and are a number of different issues that you will need to make sure that you are comfortable and familiar with. Video files by their very nature are extremely large indeed and if left unmonitored this can and will pose significant problems for the website owner because there is always a risk that they may exceed their bandwidth. It is imperative that you are very explicit with the web company which you wish to use that you will be hosting and using funny cat videos , so that they will be able to identify the amount of bandwidth and server storage space you will realistically require in order to properly accommodate the expanding requirements of your site.

You will need to make sure that you sit down with pen and paper and give some serious thought as to the manner in which you would like the site to be conducted and created. Will the site be a static one whereby you as the site owner are totally and solely responsible for any and all content which are accessed by the members, or will you allow the members themselves to upload and edit the content as well? This goes beyond a question of mere community spirit, because if you did indeed allow the members more access to the site, this would require a lot more coding as well as a significant shift in the actual structure of the site. Furthermore, it may also pose additional security concerns and issues and so you need to make sure that you are indeed proficient with these issues and their implications. The last thing you need is for your members to risk their personal details (whether this be financial or otherwise) being compromised simply by virtue of the fact that they are visiting your site.

On that note, if you are planning on including some sort of commercial component to your funny cat videos website then you need to be aware that there are serious legal implications here as well. If you fail to keep your funny cat videos site sufficiently secure and a visitor who comes to your site then suffers a loss of some sort because of that, then you may find that you are then held legally liable to compensate them for the value of that loss.

Owning a funny cat videos maybe used as a personal project and for amusement, but it is vital that you appreciate that you are bound by a number of legal obligations. If members of your website are paying for the privilege to download the funny videos of cats, then it is imperative that you have a sufficiently robust security infrastructure to protect their personal details.

http://www.freefunnycatvideos.org

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Getting Harassed Via Email? Track the Culprit Down With Reverse Email Search

This article shows how the average user can use reverse email search services and tools to take a stand and actually do something about email harassment and email stalking.

Spam is one thing but email harassment and stalking is something totally different. This can be a very frightening and unnerving situation. Even more frightening is the fact that the anonymous nature of the Internet can make it difficult to discover the identity of the perpetrator.

Due to the serious nature of this type criminal activity, you should never ignore email threats and harassment. You should always save a copy of the email and also print it out. Armed with this evidence, you should go to the proper authorities and file a formal complaint.

The “authorities” in this case should include your email provider, the email sender’s provider, and the local police or constable. Depending on the severity of the harassment, it can generally be addressed by one or more of the above mentioned contacts.

People who take it upon themselves to harass others via email usually do so because they feel safe from detection. They feel that if they can hide the origination point of their threatening emails, no one will ever find them.

A few of the large email providers are responding to these threats by making their sign up procedures more stringent. They are requesting more personal information as well as enhancing verification processes for new email accounts.

As in many cases, the perps and culprits are generally one step ahead and can quickly and easily circumvent many of the precautionary measures put in place by the email providers.

Because the cost to setup truly effective verification methods would prove to be prohibitive. If they opt to pay these high costs for increased security — free email would probably be a thing of the past.?

If you are an average Internet email user, you most likely do not have the tools or knowledge to perform a comprehensive reverse email search. Not to fear — there are services that will allow you to use the reverse email process to track down offenders.

Stop being fodder for these “cyber perps”. Get more tools and information you need to find them and report them. If you don’t have this problem now, you should still be prepared.

Get access to reverse email search resources now. Click here to learn more.

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What Do YOU Think About Cybercrime?

How protected are you from cybercrime? I know I was not protected at all. I have been a Norton Security user for the last 10 years. I thought I was protected. You can imagine how surprised I was to find Trojan viruses and several others on my personal computer. Some of the viruses I found on my computer were: Trojans, Sobig, Sasser and Kama Sutra.

Trojan spy program is designed to steal sensitive user data and to manage the victim’s computer system remotely. It is an executable file. It has only 470 bytes – not a significant amount of space to occupy on your computer. The damage it can create is devastating. After your computer is hijacked, it becomes a tool in the criminal’s hands and acts like a zombie.

I recently found out that cybercrime profits are higher then profits of illegal drug trafficking. According to president Obama, there were 8 billion dollars stolen from Americans only in the last 2 years. Last year the price of repairing hijacked consumer systems has risen to 11 billion dollars. Why does cybercrime continues to thrive today? Evgeny Kaspersky, a known cybercrime authority, says that we need better Internet Regulations. In his opinion, individuals need Internet Passports, businesses have to have accreditation.

Would it help if internet anonymity ceased? If every computer, every person and every company was identifiable a lot of problems could be solved. Online dating experience could be more rewarding if men and women were identifiable. There could be much more trust between people, if everybody could be identified.

On the other hand, being totally identified could trigger various dangers for single people, for example, for older people and for children.

If it was up to me, I would not mind to have an Internet Passport. I think that companies should be identifiable. Besides, I think if all companies were identifiable, the revenues of these companies would go up. If a consumer orders a product on internet, he/she should have all the information necessary to receive the product and to get the refund if it comes to that point.

If it was your choice, would you rather have an Internet Passport? Please, visit the website to answer the question.

Alla Goltsman is a computer consultant involved in software development, technical writing and operations of mid-frame companies that use IBM iSeries computers. She is a webmaster at compubasket.com. Visit her blog for money saving internet tips and further information about software for your computer, electronics, gadgets, home based business and answers to many computer questions. Alla also writes about blogging and blog monetization. Follow Alla on Twitter http://twitter.com/1galla

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Weird Laws of the World

Laws are made by the government and other ruling agencies to maintain order in the society. Laws help people live their life freely and allow them to work, socialize, worship, dress, attain their aims and reach their goals. But sometimes the rules set by society and government are so weird that often people end up calling them ‘crazy laws’.

There are several weird laws that are followed in the world. Let’s have a look at them one by one:

In US, many people find the ‘21 and over’ rule quite weird. People who wish to purchase beer all days of the week may find it weird to see the liquor stores closed on Sundays. Also those people who love to stroll around with an uncorked wine bottle may feel weird to know that open alcohol bottles are not allowed in various areas.

Another crazy law that does not make much sense is ‘Bring Cash and Coins to Des Moines’. It is illegal in Iowa to begin a tab at any bar. This law surprise many visitors from outside.

As per Bureau of Alcohol, Tobacco, and Firearms (BAFT), the word ‘refreshing’ cannot be utilized while describing alcohol drinks. That compels the consumers of alcohol to call beer as brisk, wine as reviving and gin as invigorating.

You would certainly feel crazy after knowing that an underage student from abroad in Rome is forbidden from consuming alcohol even when they belong to a country where they satisfy the minimum drinking age requirement. Such kind of weird laws of the world makes it impossible for people to drink in other culture because they are actually bounded by weird laws governing the state.

Drinking not allowed with Fishes: In Ohio, getting a fish drunk is strictly illegal. Eventually, the marine life in this city of America does not go by the maxim ‘drinks like a fish’. You can feed them worms but must keep your tequila bottle to yourself.

In Pennsylvania, a man cannot buy alcohol until and unless he has a written permission from his wife. This has provided Pennsylvanian women more authority than men and is a reason behind increasing number of singles in the country.?

Now this law would definitely make you laugh. In Texas a standing person cannot take more than three sips of beer at a time but same is not true if they are stumbling round or falling over. Another Texas rule bans the complete collection of Encyclopedia Britannica as one of its volume details the homemade beer recipe.?? In UK, it is legal for pregnant women to urinate anywhere she likes. She can even request to urinate in a policeman’s hat.

Some of these weird laws date back to old times and may not even have relevance today. But these laws still exist and are now the cause of our laughter and jokes.

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What is Cyber Security?

It seems that almost everything now relies in internet and computers – entertainment, communication, transportation medicine, shopping, etc. How much of your life is dependent on internet? How much of your information is stored on your or someone else’s computer? With such a high dependency on computers, neglecting the increase in Cyber crime is extremely harmful.

Cyber security actually protects your personal information by responding, detecting and preventing the attacks. Cyber security is actually introduced to decrease cyber crimes. All banking institutions and businesses today run their business online. Hackers can hack your computer system and misuse your personal information and pictures. Various other dangers associated with cyber crimes are entry of virus into your system, altering your files, change of passwords, stealing credit card information and make unauthorized purchases.?

Today, there are several universities and colleges that are offering Cyber? degrees. In associated degree program you can learn about cyber forensics, data encryption, network security, etc. In the associate degree program a student is taught to use the recent technology and ensure that digital information communication is carried in an appropriate manner that is secured from surveillance or attack by expert hackers and malevolent computer users. Organizations and businesses will have ascending requirement for cyber professionals in future to protect their company’s records and private information.

A degree in this field will provide you with an opportunity to work as a computer support technician, systems administrator, network administrator or similar position. People with associate security degrees may enjoy following career opportunities and annual incomes:

Network Administrator: $58,190

Support Specialist: $40,430

Systems Administrator: $58,190

The career opportunities for cyber security profession is expected to increase in the coming few years. The demand for systems administrators and network administrators will grow at a rapid rate.

The typical coursework for the Associate Cyber Security Degree includes Cyber forensics, Computer hardware, Cyber security, working with Computers and Internet,? applied mathematics and software support. In the degree course program a student is expected to learn about antivirus software, encryptions, firewalls, and other similar techniques to ensure the safety of data communications as per your company’s guidelines.

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