Along with a new order of electronic commerce, we've ushered in an era of confusion. While the Internet has introduced an unprecedented degree of freedom to consumers, this new medium also carries with it many inherent legal risks. In response, legislators have been scrambling to create laws tailor-made to the unique requirements of Internet commerce. Real estate consulting firm Clareity presents its Law and Order in Information Commerce" seminar Feb. 23-24 in Tucson, Ariz. Nationally recognized speakers will clarify Internet commerce laws to senior executives and other decisionmakers who must grapple with these ethical dilemmas.

The crisis in which President Clinton now finds himself embroiled has brought to the forefront a disturbing, yet thought-provoking, question: Statements and law are subject to widely varying interpretations. When it comes to online commerce, even the companies who have sought copyrights in order to protect themselves are at risk for vastly different interpretations and applications of intellectual property rights. The bottom line is that all of the ideas you find floating around in cyberspace belong to somebody, and as companies use the Internet as a strategic tool for gaining a competitive stronghold in their various industries, executives must be watchful of potential "pirates" who lift online information and profit form it without either permission or payment for the privilege.

"Our clients have been asking more and more questions about Internet laws and regulations for the past year," Clareity Senior Partner Gregg Larson told AgentNews in a Dec. 30 story about the Law and Order seminar. Dataquick Information Systems President Mike Ela, a scheduled attendee at the Law and Order conference, says, "The information industry today is something of a 'Wild West' show, as companies jockey to own data content to gain a competitive advantage in their respective markets. Companies who have spent years developing information resources need to take care that their data repositories are properly insulated from predators who would profit from them and not pay for the benefit of such use."

Linking and framing issues present one of the most serious online infractions, Larson says. The Dec. 30 story on AgentNews made reference to totalnews.com, a Web site that found itself slapped with a lawsuit by multiple newspapers, including the Washington Post and the New York Times, for displaying news content within its borders without disclosing its sources. According to Larson, the totalnews.com lawsuit was the most cited case involving online linking and framing. Coincidentally, Larson contacted one of the lawyers who sided against totalnews.com to ask if he'd be interested in speaking about domain name issues, which Larson considered to be the most pressing legal issue facing companies on the Internet. The New York City-based lawyer had successfully secured Avon's domain name (avon.com) back for the cosmetics company. Larson says the lawyer quickly set him straight, assuring him that linking and framing were even more serious threats facing the business community, and providing the totalnews.com case as a vivid example. Until then, Larson says, he hadn't realized this was the attorney who handled the totalnews.com case. To make a long story short, that attorney is scheduled to speak about his work on that ground-breaking case at the seminar.

During the last couple of weeks, several new Internet copyright laws have been introduced in Europe. Just added to the lineup of speakers at the conference is Alf Andersen, who practiced law for more than 15 years with Baker & McKenzie in California, as well as with Novell. He recently joined the Intellectual Property Law Group of NOTAR, one of Scandinavia's most respected law firms. He will contrast his experience practicing law in Silicon Valley with the current explosion of IP laws coming out of Europe, for which Andersen has a front-row seat -- and a pivotal role.

Europe's new laws aren't just applicable to Europeans, however. American businesspeople face issues of international privacy and jurisdiction. The online assets of U.S. businesses may be ripped off overseas, for example. Online commerce also presents the question: Can businesses be sued in other jurisdictions? "NOTAR is investing in developing the premiere intellectual property law group in Scandinavia," Andersen says. "We believe that IP law is the growth area in the future, and our corporate clients definitely need protection and IP expertise. The growth of our real estate company to the number-one position means we have our own intellectual property to protect now, too. We believe the legal and business issues at Law and Order are so important that we are bringing four of our attorneys and about 20 of our clients to Tucson, especially our technology and advertising/PR firm clients, because they need to learn more about conducting business on the Internet."

Although the Law and Order in Information Commerce seminar is Clareity's first, the company hopes to make the seminar a yearly event, Larson says. "International property law is evolving so quickly," he says. "There's certainly going to be enough cases and rules and regulations in the future, so we hope to have this seminar on a yearly basis." For more information on the seminar, or to register, go to Clareity's Web site at http://www.clareity.com.

Published: January 28, 1998

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