Internet Law – Rivera Law Group

Commercial Email SPAM

Commercial Email, SPAM, and the CAN-SPAM Act
Our Internet Lawyers frequently handle matters related to Internet Spam Laws and the CAN-SPAM Act. We frequently encounter this scenario: A business is interested in sending legally compliant commercial email. Or perhaps, a business’ servers are working at a snail’s pace and your IT staff is working overtime to control the bombardment of unsolicited bulk emails.

It is very important to seek the assistance of an attorney who understands the legal implications and ramifications of spam laws, the most important of which is that CAN-SPAM Act.

The CAN-SPAM Act is codified under 15 U.S.C. § 7701-7713. Contrary to the belief of many, the CAN-SPAM Act does not prohibit sending spam emails. Instead, it imposes certain requirements. These mandatory requirements include the use of accurate email subject lines and transmission information, opt-out procedures where recipients can elect not to receive additional emails from the sender, mandatory time frames for the removal of users who elect to opt-out, and a prohibition of improper email harvesting.

But, what happens when a sender complies with all the requirements of CAN-SPAM? Can an ISP still refuse to deliver compliant email messages to the intended recipients?

Non-compliance with CAN-SPAM will probably result in criminal prosecution under SPAM laws and other cyber crime laws, but compliance does not guarantee that an overzealous ISP will deliver the legally compliant emails to its intended recipients.

Our attorneys understand Spam Laws and the CAN-SPAM Act. If you or your business needs the advice of a spam attorney, we are ready to assist you. We frequently advise businesses to structure their commercial email campaign in a manner that adequately manages business risk and limits business liability. We frequently deal with all civil and criminal aspects of commercial bulk email, for example:

* A business requests the services of an Internet lawyer with CAN-SPAM compliance understanding to make sure that its commercial email campaign is properly implemented.
* An individual receives a cease and desist letter from an attorney accusing him of sending illegal spam emails and demanding a large amount of monetary damages. The cease and desist letter also threatens civil and criminal prosecution. A commercial email spam defense lawyer evaluates the situation and responds to the baseless allegations of sending illegal commercial email.
* An individual faces criminal charges alleging that he sent thousands of spam email in violation of state and federal law. A spam email defense attorney analyzes the electronic evidence and forensic records to build an effective defense.

Domingo Rivera

Domingo J. Rivera, Internet Lawyer

An Internet Law pioneer with a proven record, Domingo J. Rivera was the first attorney in the United States to win a complex jury trial involving Federal Copyright Infringement, music piracy criminal allegations.

Domingo J. Rivera earned a BS in Computer Engineering, an MBA with a specialty in Information Technology Management, and a Doctorate of Jurisprudence. Domingo J. Rivera is also a registered Electrical Engineering E.I.T. in the State of Florida.

Prior to attending law school, he was a US Navy Engineering Officer, and was lead engineer for the Homeland Security Headquarters located in Norfolk, Virginia. In that capacity, Mr. Rivera held a Department of Defense Top Secret Clearance with NATO access.

Domingo J. Rivera has over ten years of software programming and development. His technical abilities are exceptional, with advanced knowledge of most popular computer programming languages including C++, PHP, CGI, Pascal, Java, Visual Basic, HTML, XML, and several other programming languages.

Domingo J. Rivera, Internet Lawyer, is a member of the Institute of Electrical and Electronics Engineers, the American Intellectual Property Law Association, the Virginia State Bar, the American Bar Association, and the Virginia Association of Criminal Defense Lawyers. He is also fluent in the Spanish language.

When the Department of Defense needed a technical and management person to lead one its most important projects during a critical time in the history of the United States, Domingo J. Rivera received the call. As your Internet Lawyer, Domingo J. Rivera will apply the same high standards to assist you with your Internet Law case. You should expect no less from your Internet Lawyer.

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.

Cease and Desist Letter

Cease and Desist Notice

You may need an Internet lawyer to assist you with the preparation of a cease and desist letter when your business is the victim of Internet copyright infringement, Internet trademark infringement, Internet defamation, domain name legal issues, or other Internet law issues.

Your Internet business may need an effective cease and desist letter to prevent your competitors from copying the contents of your website in order to take advantage of the success of your online business…. or you may have received an Internet copyright infringement cease and desist notice from an Internet copyright infringement lawyer or Internet trademark infringement lawyer asking you for a significant amount of monetary damages. In addition the copyright infringement cease and desist notice written may contain threats indicating that your company will be the target of a copyright infringement lawsuit, and an injunction against Internet copyright infringement. Our Internet lawyers can provide assistance in drafting an effective cease and desist notice or responding to a cease and desist notice.

Effective handling of the cease and desist letter may determine whether or not expensive court litigation will be necessary to resolve the legal dispute.

Internet Trial Attorney

An Internet Law pioneer with a proven record, Domingo J. Rivera was the first attorney in the United States to win a complex jury trial involving Federal Copyright Infringement, music piracy criminal allegations.
The importance of having a computer expert as your Internet trial attorney

During a cyber trial, whether related to copyright infringement, trademark infringement, domain name dispute, Internet defamation, or a computer crime trial, it is extremely important to have an attorney who has not only legal subject matter knowledge, but is also experienced in computer technology and the technical concepts related to the Internet. We recently completed a long and complex cyber crime trial. We were fully equipped to expertly handle the criminal defense aspects of the case, we knew the law, how to cross-examine witnesses, and how to establish reasonable doubt. However, during the trial, it was our technical knowledge that allowed us to provide a unique perspective to the evidence presented.

The evidence presented at trial contained technical details that only an attorney with Internet technology knowledge would have recognized. Your Internet lawyer must not only be effective in arguing Internet law, but must have superior technical knowledge to recognize complex technical issues “on the spot.”

It takes a lot of finesse, patience, and competence to explain to effectively explain technical issues to the court. The typical non-technical attorney attempting to venture into Internet law may not understanding these technical concepts. Our expertise includes technical degrees in Computer Engineering and years of Internet technology experience.