Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Should Auld e-Commerce Be Forgot?

By Stanley P. Jaskiewicz
January 29, 2008
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.

A Taxing Topic

Not surprisingly, the law on Internet taxation remains unsettled ' just as it has been every time we have written about it. In late 2007, Congress once again (as it has done several times) put off a decision on making the Internet Tax Freedom Act permanent. That law prevents state and local governments from taxing Internet access services (in the same way they add charges to your phone bills ' see, www.informationweek.com/showArticle.jhtml?articleID=202801131).

After unanimous approval in Congress, the President quickly signed The Internet Tax Freedom Amendments Act of 2007 on Oct. 31. While the ban did not become permanent, as backers had hoped, this time it was extended for seven years, until 2014 (much longer than the brief extensions passed in 2001 and 2004). (The extension also clarified how related services may be taxed, and began a phase-out of certain provisions that allowed 'grandfathered' pre-existing taxes to survive.) The importance of this extension to consumers and businesses, in an economy that has come to depend on Internet access, can be seen in the efforts abroad to tax online services, as has occurred in France, for example (see, www.dailytech.com/French+President+Proposes+Internet+Tax/article10306.htm). The Internet is such an inviting target to revenue-strapped local taxing authorities ' especially since taxpayers may not be local voters ' that federal protection clearly remains a necessity.

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?