Tag Archives: Cyber Lawyer

Texas Computer Crimes

Texas Computer Crime Laws

TITLE 7. OFFENSES AGAINST PROPERTY

CHAPTER 33. COMPUTER CRIMES

Sec. 33.01.  DEFINITIONS.  In this chapter:

(1)  “Access” means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.

(2)  “Aggregate amount” means the amount of:

(A)  any direct or indirect loss incurred by a victim, including the value of money, property, or service stolen or rendered unrecoverable by the offense; or

(B)  any expenditure required by the victim to verify that a computer, computer network, computer program, or computer system was not altered, acquired, damaged, deleted, or disrupted by the offense.

(3)  “Communications common carrier” means a person who owns or operates a telephone system in this state that includes equipment or facilities for the conveyance, transmission, or reception of communications and who receives compensation from persons who use that system.

(4)  “Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.

(5)  “Computer network” means the interconnection of two or more computers or computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information among the computers.

(6)  “Computer program” means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions.

(7)  “Computer services” means the product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions.

(8)  “Computer system” means any combination of a computer or computer network with the documentation, computer software, or physical facilities supporting the computer or computer network.

(9)  “Computer software” means a set of computer programs, procedures, and associated documentation related to the operation of a computer, computer system, or computer network.

(10)  “Computer virus” means an unwanted computer program or other set of instructions inserted into a computer’s memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files.

(11)  “Data” means a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer. Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer.

(12)  “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A)  induced by deception, as defined by Section 31.01, or induced by coercion;

(B)  given by a person the actor knows is not legally authorized to act for the owner;

(C)  given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D)  given solely to detect the commission of an offense; or

(E)  used for a purpose other than that for which the consent was given.

(13)  “Electric utility” has the meaning assigned by Section 31.002, Utilities Code.

(14)  “Harm” includes partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor’s conduct.

(15)  “Owner” means a person who:

(A)  has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;

(B)  has the right to restrict access to the property; or

(C)  is the licensee of data or computer software.

(16)  “Property” means:

(A)  tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or

(B)  the use of a computer, computer system, computer network, computer software, or data.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 306, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 18.44, eff. Sept. 1, 1999.

Sec. 33.02.  BREACH OF COMPUTER SECURITY.  (a)  A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b)  An offense under this section is a Class B misdemeanor unless in committing the offense the actor knowingly obtains a benefit, defrauds or harms another, or alters, damages, or deletes property, in which event the offense is:

(1)  a Class A misdemeanor if the aggregate amount involved is less than $1,500;

(2)  a state jail felony if:

(A)  the aggregate amount involved is $1,500 or more but less than $20,000; or

(B)  the aggregate amount involved is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;

(3)  a felony of the third degree if the aggregate amount involved is $20,000 or more but less than $100,000;

(4)  a felony of the second degree if the aggregate amount involved is $100,000 or more but less than $200,000; or

(5)  a felony of the first degree if the aggregate amount involved is $200,000 or more.

(c)  When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense.

(d)  A person who his subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 306, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1411, Sec. 1, eff. Sept. 1, 2001.

Sec. 33.021.  ONLINE SOLICITATION OF A MINOR.  (a)  In this section:

(1)  “Minor” means:

(A)  an individual who represents himself or herself to be younger than 17 years of age; or

(B)  an individual whom the actor believes to be younger than 17 years of age.

(2)  “Sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” have the meanings assigned by Section 21.01.

(3)  “Sexually explicit” means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.

(b)  A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:

(1)  communicates in a sexually explicit manner with a minor;  or

(2)  distributes sexually explicit material to a minor.

(c)  A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

(d)  It is not a defense to prosecution under Subsection (c) that:

(1)  the meeting did not occur;

(2)  the actor did not intend for the meeting to occur; or

(3)  the actor was engaged in a fantasy at the time of commission of the offense.

(e)  It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:

(1)  the actor was married to the minor; or

(2)  the actor was not more than three years older than the minor and the minor consented to the conduct.

(f)  An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense.  An offense under Subsection (c) is a felony of the second degree.

(g)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2005, 79th Leg., Ch. 1273, Sec. 1, eff. June 18, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 610, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 7, eff. September 1, 2007.

Sec. 33.03.  DEFENSES.  It is an affirmative defense to prosecution under Section 33.02 that the actor was an officer, employee, or agent of a communications common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communications common carrier or electric utility.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 33.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 33.04.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of a computer.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 33.05 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 33.05.  TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE.  (a)  In this section:

(1)  “Direct recording electronic voting machine” has the meaning assigned by Section 121.003, Election Code.

(2)  “Measure” has the meaning assigned by Section 1.005, Election Code.

(b)  A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:

(1)  prevents a person from lawfully casting a vote;

(2)  changes a lawfully cast vote;

(3)  prevents a lawfully cast vote from being counted; or

(4)  causes a vote that was not lawfully cast to be counted.

(c)  An offense under this section does not require that the votes as affected by the person’s actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election.

(d)  An offense under this section is a felony of the first degree.

(e)  Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section.

(f)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.

Added by Acts 2005, 79th Leg., Ch. 470, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 503, Sec. 1, eff. September 1, 2009.

Sec. 33.07.  ONLINE HARASSMENT.  (a)  A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:

(1)  without obtaining the other person’s consent; and

(2)  with the intent to harm, defraud, intimidate, or threaten any person.

(b)  A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:

(1)  without obtaining the other person’s consent;

(2)  with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and

(3)  with the intent to harm or defraud any person.

(c)  An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.

(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(e)  It is a defense to prosecution under this section that the actor is any of the following entities or that the actor’s conduct consisted solely of action taken as an employee of any of the following entities:

(1)  a commercial social networking site;

(2)  an Internet service provider;

(3)  an interactive computer service, as defined by 47 U.S.C. Section 230;

(4)  a telecommunications provider, as defined by Section 51.002, Utilities Code; or

(5)  a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.

(f)  In this section:

(1)  “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users.  The term does not include an electronic mail program or a message board program.

(2)  “Identifying information” has the meaning assigned by Section 32.51.

Added by Acts 2009, 81st Leg., R.S., Ch. 911, Sec. 1, eff. September 1, 2009.

Uniform Domain Name Dispute Resolution

Uniform Domain Name Dispute Resolution Policy- UDRP Arbitration

The Uniform Domain Name Dispute Resolution Policy, also known as UDRP is an arbitration process that may be used for resolving domain name disputes without the need to file a domain name dispute lawsuit.  The UDRP procedure is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN).

The UDRP is a very useful tool. Trademark owners and others asserting an ownership interest in a domain name can us use the proceeding to obtain or recover a domain name.  Many UDRP decisions result from domain name disputes when someone has registered a domain name that allegedly infringes on a trademark.

UDRP arbitration is also useful when someone registers a domain that is confusingly similar to another’s domain name, trademark, or trade name. To prevail in an UDRP domain name dispute proceeding, the  complainant must prove that:

1) the domain names are either identical or confusingly similar;

2) that the registrant has no legitimate interest in the name, and

3) that the registration and use of the domain name is in bad faith.

Our UDRP attorneys provide legal consultatuion for all issues related to UDRP proceedings.

Trademark Infringement in Keyword Search Advertisement

Trademark Infringement in Keyword Search Advertisement

Web searches are the primary method used for finding goods and services on the Internet.  Businesses frequently compete for the best search engine positions.  Some may try to use a competitor’s name or the name of the competitor’s product as a keyword for keyword search advertisement purposes.  As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement, particularly trademark infringement arising from a keyword search advertisement campaign.

Can a business use its competitor’s name and/or trademark as a search keyword without engaging in online trademark infringement?

A trademark infringement lawyer with our firm will assist you in determining whether a business’ use of a trademark, trade name, or products as a search engine keyword qualifies as Internet trademark infringement. We diligently assist our clients in the prosecution of those who infringe on your trademarks online.

If you have been accused of Internet trademark infringement or if your website has been removed from search engine listings based on a claim of trademark infringement, we can assist you in protecting your rights against the claims asserted by a competitor, perhaps through a cease and desist letter by an intellectual property and trademark infringement attorney or through formal legal action.  It is our job to explain the benefits and drawbacks of specific strategies, it is yours to decide which one to choose, based on your needs, the costs of each alternative, and a sound risk/reward analysis.

Cyber Squatting

Cybersquatting

Cybersquatting occurs when the cybersquatter registers a domain name in bad faith in violation of the rights of a trademark owner.  A domain name infringement and trademark infringement attorney with our firm is an expert in obtaining or recovering domain names from cybersquatters through the application of the Anti-Cybersquatting Consumer Protection Act (ACPA).

The ACPA protects trademark owners from Internet trademark infringement. To maintain legal action under the ACPA, the complaining party must show that the domain registrant had a bad faith intent to profit from the trademark owner’s trademark and that the registrant registered or used a domain name identical or confusingly similar to the trademark.

Whether a cybersquatter has registered a domain name containing your trademark or whether you are accused of being a cybersquatter, our domain name registration lawyers and cybersquatting attorneys are prepared to defend your rights, protect your trademark, and assist you with all your Internet Law, Internet Trademark Infringement Law, or Domain Name Law issues.

Trademark Infringement in Meta-tags

Website Meta tag Trademark Infringement

Businesses frequently compete for the best search engine positions.  Some may try to use a competitor’s name or the name of the competitor’s product as a website meta tag.  As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement, particularly trademark infringement arising from meta tag use.

Does the use of another’s trademark as a meta tag constitute trademark infringement?

A trademark infringement lawyer with our firm will assist you in evaluating the scenario to determine whether a use of a trademark in Internet meta-tags qualifies as trademark infringement and how to address this potential trademark infringement situation to properly protect your Intellectual Property rights. We expertly and diligently prosecute those who infringe on your trademarks online.

If you have been accused of Internet trademark infringement or if your website has been removed from search engine listings based on a claim of trademark infringement, we can assist you in protecting your rights against the claims asserted by a competitor, perhaps through a cease and desist letter from an intellectual property and trademark infringement attorney.

UDRP

Uniform Domain Name Dispute Resolution Policy

The Uniform Domain Name Dispute Resolution Policy is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN). The copyright to this work belongs exclusively to ICANN.  We claim no rights to ICANN works.

Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a “Provider”).

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at <URL> at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Internet Solicitation of Minor

Internet  Solicitation of a Minor

Internet solicitation of a minor is widely prosecuted Nationwide.  Our attorneys defend against charges of Internet solicitation of a minor in Virginia and Nationwide, when requested by our clients. State and local Police Departments have created departments dedicated to Internet solicitation of a minor.  Often is that case that a person will be in a chat room and someone claiming to be a minor will initiate engage in chat with an adult about sexual topics.  This “minor” is usually a Police Officer with the Internet child solicitation task force.

Many times the person chatting with this Police Officer posing as a “minor” never had the intention to actually meet the “minor.”  It is always important to ask whether the person actually went to meet the minor, the age representations that were made, and the methods used to collect and manipulate the evidence.

However, regardless of whether the meeting takes place, felony charges will most certainly be brought. At this point, an attorney with experience in defending these type of criminal accusations as well as in-depth technical knowledge of the Internet, can provide a competent defense against Internet solicitation of a minor charges.

Many well-reputed and experienced criminal defense lawyers may venture into this area of law just to find themselves overpowered and overwhelmed by a highly-trained, highly-experience prosecution team.  Our attorneys include a former computer engineer experiences in the IT side of the equation,  as well as aggressive criminal defense lawyers.  Contact us to see what we can do to defend your case.

Trademark

Trademark

A Trademark identifies your company’s goods from the goods of your competitors or other third parties. Trademark Registration allows you to keep your competitors from using your company or product name, symbol or design.

When you register a Trademark, you are legally presumed to be the owner of the mark and you can stop others from using a name that is confusingly similar to your trademark. Additionally, registration of your Trademark allows you to obtain up to three times the amount of your losses if you have to sue for infringement of your registered Trademark.  However, registration is not required in order for you to be able to maintain a cause of action for trademark infringement.

Internet trademark infringement occurs frequently in domain name registration, meta tags, and keyword search advertising. As your cyber trademark lawyer, we provide you advice on how to protect your trademark rights against Internet trademark infringement.  Some instances of Internet trademark infringement include:

Trademark Infringement in Domain Names, Cybersquatting, and Cyber-piracy

Trademark Infringement in Meta Tags

Trademark Infringement in Keyword Search Advertising

We are your Internet trademark infringement attorney, Internet trademark lawyer, Cybersquatting legal counsel, cyber-piracy legal adviser and trademark law professional.

Copyright

Copyright

A copyright is the legal protection for the artistic and literary work that you create. Copyrightable items include music, books, websites, graphics, poetry, stories, and software. Your copyrighted works may not be copied, reproduced, distributed or displayed without your consent.

Registration, although not required is advisable and important if you wish to protect your work. Copyright registration provides significant benefits, including evidence that you created your own works. It is significantly more difficult to maintain a legal action for copyright infringement when you have not obtained a copyright registration for your works and have to prove to a court that you actually created your own work.

Additionally, there are advantages in case you are faced with litigation. For example, if you are forced into litigation to protect your copyright rights, a court may award significant damages for copyright infringement, including statutory damages of up to $150,000, and reimbursement for your attorney’s fees and costs for the infringement of your copyright rights.  However, under U.S. Copyright Laws, you obtain a copyright to your works the moment your works are created and registration is not required to maintain a cause of action for trademark infringement.  If your copyright is not registered, you will need to prove actual damages, as opposed to the presumed statutory damages provided for works protected by a registered copyright.

Even if your website is not registered, your content is still protected under U.S. Copyright Laws and you can maintain an action for Internet copyright infringement. As you Internet copyright infringement attorney, we understand Internet copyright laws,  U.S. Copyright Act, the Digital Millennium Copyright Act (DMCA) and the application of copyright laws to Internet copyright matters.

Internet Start-Ups

Internet Website Start-up Legal Advice and Internet Website Legal Review

When your business is getting its website ready to go online, a misstep can cost you dearly.  An error in your terms of use, privacy policy, copyright infringement, trademark infringement, or domain name issues and your business may end up in the middle of expensive Internet Law Litigation.

An Internet Lawyer from our Internet business startup and Website legal compliance law firm can lead you along the way.  Internet litigation may cost hundreds of thousands of dollars.  Can your business afford this? Is this the way you want to spend the resources that you have earmarked for growing your business?  Our Internet Law Attorneys can assist you from the start so that your business can grow glitch-free.