Current Issues in ECommerce Law That an Emerging or TechBased Business Needs to Know Bruce Baker, Es

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Current Issues in E-Commerce Law(That an
Emerging or Tech-Based Business Needs to
Know)Bruce Baker, Esq.Nixon Peabody
LLPRochester, NYJanuary 14, 2004
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Five Broad Areas Touched by E-Commerce Law

• Electronic contract formation
• Privacy
• Alternative payment mechanisms
• Identity theft/data security
• Unsolicited communications

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Major Legislation Enacted in 2003

• Check 21 Act, signed October 28, 2003 effective
  one year later.
• FACT (Fair and Accurate Credit Transactions
  Act), signed December 4, 2003, with varying
  effective dates.
• CAN-SPAM Act (Controlling the Assault of
  Non-Solicited Pornography and Marketing Act of
  2003), signed December 16, effective January 1,
  2004.

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Overview of Check 21 Act
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Overview of FACT
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Overview of CAN-SPAM Act
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Legislation That Came Close

• Moratorium on Internet taxation
• National privacy standard
• Notification of computer security breaches

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Judicial Developments/Enforcement Actions

• Crackdowns on predatory lending and payday
  lending at state and federal levels.
• State/federal surveillance of money transmitters
  and payroll processors, particularly with respect
  to Homeland Security and on-line gambling
  concerns.

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Areas to Watch in 2004

• Insurance coverage for e-commerce risks
• Policing the Internet sales of stolen property
  on e-Bay, on-line gambling, chat rooms.
• Floating jurisdiction for enforcing on-line
  contracts.
• Off-shore internet operations
• Patriot Act/Anti-money laundering compliance as a
  due diligence issue in loans, mergers and
  acquisitions.

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Q A Dialog on E-Commerce Issues
Bruce J. BakerPartner bbaker_at_nixonpeabody.com5
85-263-1232Fax [phone]
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