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Entries tagged “Internet Law”

Amazon Mysteriously Postpones Offensive Against California Sales Tax

Insight September 26, 2011

On June 28, 2011, Governor Jerry Brown of California signed an amendment to the California tax code which would impose on large Internet retailers the obligation to collect sales tax (technically “use” tax – but for our purposes, it’s equivalent to sales tax) from California customers. Initially, Amazon took the battle to a new level by attempting to get a referendum on the California ballot to have the sales tax law reversed. In the end, for reasons that remain a bit mysterious, Amazon entered into an agreement with California on September 9, 2011 whereby California would postpone enforcement of the new sales tax law for one year in exchange for Amazon agreeing to drop its bid to bring a referendum to overturn the new law. Internet legal issues can change quickly, but this turnabout seems without precedent.

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Protecting Children Online–Where we are and where we’re heading under Children’s Online Privacy Act

Insight May 23, 2010

Originally posted on: The Internet Law Advisor Blog

The Children’s Online Privacy Protection Act of 1998 (COPPA) with its implementing regulations, the Children’s Online Privacy Protection Rule (COPPA Rule) (in effect since April 21, 2000), have served as the primary law in the U.S. for protecting personal information about children online. It’s a gross understatement to state that the Internet is a different world than what it was when COPPA and the COPPA Rule were implemented. Suffice it to say that the world of social networks combined with mobile computing has, for better or for worse, become the fabric of our children’s world – and in 1998 social networks were not even in Congress’s imagination. The Federal Trade Commission (FTC), charged with enforcement of COPPA has scheduled a COPPA Rule Review Roundtable on June 2, 2010 and is collecting comments through June with the objective of seeing whether changes to the COPPA Rule should be considered. On April 29th, Senate Commerce Chairman John (Jay) Rockefeller, D-W.Va., said that Congress may also need to consider making changes to COPPA itself. So, it’s a good time to review what COPPA requires and what might be changed.

 

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The truth, the whole truth and nothing but the truth: The new FTC guidance on endorsements

Insight November 17, 2009

Posted on The Internet Law Advisor Blog November 16, 2009 – By William Galkin, Esq.

Summary: The Federal Trade Commission (FTC) has issued revised Guides Concerning the Use of Endorsements and Testimonials in Advertising(Guides) which will take effect on December 1, 2009. The main purposes of the revisions are (1) to update the application of the Guides to new media and (2) to rescind a safe harbor that previously allowed ads stating positive results experienced by consumers, even though such results could not necessarily be expected by the average consumer, provided the statement “Results not typical” was included in the ad. Now the actual typical results need to be stated in the ad.

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