Perspective from American Entrepreneurs

Bennet Kelley

2012 US-China Legal Exchange E-Commerce Legal Issues

• Initial Attempts To Regulate Focused

On Threats To Viability Of Frontier –

–E.g., Protecting Consumers

So They Feel Safe On Internet

• Usually Enacted Through Consensus

With Government & Business

Photo: © Inspe | Stock Free Images & Dreamstime Stock Photos

• Debate over whether

Communications

Decency Act Immunity

should be revised?

CAPITAL CONSUMERS COMPETITION

CLIENT CONCERNS

DD

US Securities Law Rooted in

Reaction to 1929 Stock Market

Crash.

Until they are traded on a public

stock exchange, start-ups source of

money limited to:

• Financial institutions

• Wealthy Individuals

• Friends and Family

• Debt

Oxford English Dictionary

the practice of funding a project or venture by

raising many small amounts of money from a large number of people, typically via the Internet.

EMERGING

ISSUE

• Only sought $100,000

• Donors received perks,

but no equity

• JOBS Act

In 2013, can issue

securities to raise up to

$1M via crowd-funding

Photo: © Inspe | Stock Free Images & Dreamstime Stock Photos

[Industry] self-regulation of privacy has

not worked adequately and is not

working adequately for Americans

consumers. We deserve far better from

the companies we entrust our data to,

and industry, as a whole, must do better.

FTC Chairman Jon Leibowitz

• Easily Understandable Policies

• Use Consistent with Collection

• Secure and Responsible

Handling of Data

• Access to Ensure Accuracy

• Focused Collection

• Accountability

• Federal

– Google Pays $22.5 Million Fine to FTC (August 2012)

• State

– California Attorney General announces creation

of Privacy Enforcement Unit (July 2012)

– New President of National Association of

Attorneys General to make privacy top priority

(August 2012)

• Blogger Disclosure

of Paid Relationship

• Updating DotCom

Disclosures for

Social Media

EMERGING

ISSUE

AFP PHOTO/ KARIM JAAFAR

• New gTLDs and

Domain Name Issues

• Counterfeiting – Nearly 800 Domain Names

Seized in last 2 years

• Cyber-Smearing

+

• Founder of Internet Law Center in Santa Monica

• Former Co-Chair of California Bar Cyberspace Committee.

Launched effort and contributed to development of primer

on cyber law for state policymakers.

• Host of Cyber Law & Business Report on

WebmasterRadio.fm (Weds at 10-11AM PT).

• Publisher of Cyber Report newsletter

which won top prize at 2011 LA Press Club Awards and

named a top source for internet law.

• Award-winning columnist.

Internet Law Center