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Cyber Law

Cyber law or internet law is an area of law unique to technology, the internet, information systems, and the crimes and/or intellectual property issues that are present in the world of electronic information. Cyber law primarily deals with protecting your liability.

Frequently Asked Questions

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Sioux Falls, SD 57104

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- Website Issues

- Terms of Use

- License Agreements

- Intellectual Property and Trademarks

- Electronic Information Liability

AREAS OF

CYBER LAW

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Can I be liable for what I put on my website?

Yes.  Representations you make on your website can create a standard to which you represent to consumers.  For example, if you brand yourself as an “expert,” you may be held to answer for that standard if a customer is unsatisfied.  The more specific you are about how you market your skills or products, the more likely the law will require you provide goods and services to the public that conform to those standards.

 

Should I have a terms of use agreement on my website?

Yes, and it should be professionally drafted.  You do not want to use a “template” or “boilerplate” terms of use agreement.  A skilled attorney should review or draft your policies so they can protect your business or venture from liability.  If you adopt terms of use, you have to follow your own promises for how you are going to resolve disputes or issues when contacted by members of the public.

 

Can I be liable for using photos or images from Facebook or Google on my business’s website?

Yes.  Just because somebody posts a photo or image does not mean they own the rights to the image, or that your use would not infringe on someone else’s rights.  Similarly, just because an image is widely used or comes up on a web browser search does not mean it can be used for free.  Contact an attorney if you have any questions about using a photo or image.  A person can be liable for statutory damages and in some cases attorney fees for use of an unauthorized photo or image.

 

Are my blog posts protected by the 1st Amendment Freedom of Speech?

To a certain extent they are. However, any content you post to the public, on a blog or a website can create issues of personal liability. Extreme care and diligence should be used when making comments or assertions about a person or institution. Additionally, care should be used that the content is not plagiarized or simply reposted from another author.  

 

If you are posting on a business blog, it is important you do not inadvertently create representations about your products or services that customers will rely on if you cannot deliver. Questions about content and posting should be addressed to a competent attorney with a broad range of knowledge on the subject.