Chip Cooper

Amazon.com and big box retailers such as Wal-Mart and Target are locked in an all-out war over the collection of sales taxes. And cash-strapped states are also backing changes in sales tax laws in more than a dozen states. While small ecommerce websites are relegated to observe the struggle from the sidelines, the impact of these changes on them could be huge.

You're an online retailer, and you've got a network of affiliates that may purchase keyword ads using a competitor's trademark. Does this amount to trademark infringement, and if so, will you be held liable for your affiliates' infringement?

If you're a SaaS webmaster, it's not a question of if, but when, a law enforcement official wants a copy of one of your user's email archived on your SaaS website. You're caught between the proverbial rock and a hard place. Critical questions arise: What are your legal obligations, and what are your rights? How do you protect yourself from liability?

If you operate a SaaS website that provides streaming content, or if you're a consumer who is concerned about price levels and availability of streamed content, then you should be tuned in to the debate over net neutrality. The outcome may substantially affect your business and your pocket book.

On December 29, 2010, President Obama signed the Restore Online Shopper's Confidence Act (ROSCA) that regulates credit and debit card data pass transactions, online post-transaction third party sales, and negative option billing plans. If your site markets to consumers under a SaaS agreement, you should review it immediately or risk legal action for unfair business practices by the Federal Trade Commission (FTC) or state Attorneys General.

Typical New Year's resolutions include improving physical fitness… or taming the bulge. These are all worthwhile. However, if you operate a SaaS or ecommerce website, you'd better move a review of your privacy policy to the top of your list. Recent legal developments regarding privacy and data security have added new requirements, and the failure to comply could result in substantial liability.

The FTC issued a report report earlier this month suggesting implementation of a Do Not Track mechanism for behavioral ads that would enable consumers to block the collection of online browsing data. Do Not Track, if implemented, will dramatically change the rules of the road regarding Internet advertising - with a potentially huge impact on relatively smaller websites that publish free content supported by behavioral ads.

Experienced email marketers often operate under the misconception that the CAN-SPAM Act doesn't apply to most routine business communications. With CAN-SPAM Act fines of up to $16,000 per violation, this misconception could add up to a big number. That's why email marketers should avoid 3 gotcha's that are CAN-SPAM traps for the unwary.

Unfulfilled promises by blog site personnel to remove objectionable materials from blogs continue to create headaches - and increased legal exposure - for blog site operators. A recent case involving craigslist.org teaches a critical lesson for blog site operators: be very careful what you and your personnel promise; be very, very careful.

The use of Flash cookies capable of re-installing browser tracking cookies - that users have previously deleted - has triggered the filing of multiple privacy lawsuits against some of the Web's largest media companies. If your site participates in an ad network that uses Flash cookies, you'd better have full disclosure in your Privacy Policy, or face the consequences.