Dozier Internet Law, PC: Internet Lawyer

Dozier Internet Law: Internet Lawyer Experts

Welcome to the Dozier Internet Law Internet lawyer blog, our little corner of the web. Our law firm, Dozier Internet Law, represents business interests on the web. Sometimes we represent businesses that are victims of intellectual property theft or defamatory attacks as their Internet lawyer, and just as often we represent recipients of "cease and desists" and lawsuit defendants. And if we are considered by some to be Internet lawyer thought leaders of the conservative, pro-business interests, then so be it. But at Dozier Internet Law you'll get the unbiased perspective and advice from highly seasoned and experienced Internet lawyer experts. Visit us online at the Dozier Internet Law website or Dozier Internet Law on Defamation and Dozier Internet Law on Web Startups, both videos available through Youtube.com.

Interested in the Dozier Internet Law Internet lawyer insight into the Federal lawsuits filed each month dealing with the web? Visit:

• Dozier Internet Law on Trademark
• Dozier Internet Law on Copyright
• Dozier Internet Law on Defamation
• Dozier Internet Law on Domain Names
• Dozier Internet Law on Unauthorized Access to Computers
• Dozier Internet Law on Trade Secrets

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And don't forget to keep up with the breaking issues of the day. View our youtube.com videos dealing with online defamation: Dozier Internet Law-Big Five; Dozier Internet Law-Next Five; Dozier Internet Law-Don Morris' Perspectives; and Dozier Internet Law-Why Addressing Online Defamation is Important.. Also, don't miss a video message from Mr. Dozier: Internet Lawyer, Dozier Internet Law-John W. Dozier, Jr.

And we are pleased to announce our latest contribution in tracking the most recent developments in the law of the web: Dozier Internet Law Tracking Of Big Court Judgments.

The content of this Dozier Internet Law Internet lawyer blog is not legal advice, should not be relied upon as such, and you should certainly retain a high quality Internet lawyer for advice and guidance on any Internet law issues.  And in satisfaction of lawyer ethics rules, please be advised that CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE OR MATTER, AND PRIOR CASE OR MATTER RESULTS DO NOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE.

Internet Lawyer: Dismissal of MySpace Criminal Case

While I was on vacation last week, the Judge in the MySpace criminal case indicated he found the statute, as applied in the case, to be unconstitional and is preparing a detailed opinion on the matter. It's a case that every Internet lawyer should be following, and that seems likely with all the commentary from Internet lawyer types weighing in on the case. The primary objection, again, according to the trial judge, is that if the statute is applied as it was in this case, vast numbers of MySpace members would be at risk of criminal prosecution. The debate, I am sure, will rage on, and at Dozier Internet Law our Internet lawyers are monitoring this decision and case.

And at Dozier Internet Law, out Internet lawyers see this as another example of the need to draft specific laws addressing malicious actions. Congress and state legislatures need to pass a law that will make this type of conduct a criminal offense. I suspect there are civil lawsuits to come against the perpetrators. While every Internet lawyer waits to see how this will play out, and whether this Judge's interpretation will be adopted by other courts, none of whom it is binding upon, the legislative branches need to act. 

Even the most jaded free speech fanatic cannot help but wonder how we find ourselves, 15 years after the Internet took off commercially and moved into the public conscience, without adequate criminal laws to cover this type of misconduct.   

Defamation Lawyer: "Twitter Twomb" Replacing "Google Bomb"?

The defamation lawyer now has a new tool to confront and consider. It's the Twitter version of the Google Bomb: the Twitter Twomb. Cute name for what will become a new weapon of attacking you, your loved ones, and businesses online. 

And any online defamation lawyer needs to take notice. While Google (and its Google Bomb) is without dispute the reputation leader, and the Google Bomb is not going away any time soon, the search engine is indexing Twitter, and the scope and depth of organic search results for social networking and micro-blogging sites continues to grow.  

Twitterers have been bombing the hashmarks and taking over the top listing in Twitter Trends for "GorillaPenis" with a graphic inlay over the Twitter logo as the top result. It's another example of social networking powerplays driven by an anonymous "vote" of netizens. Of course, this use appears to be relatively harmless. The test run has unfortunately worked well. What's next for the Twitter Twomb? Will it be used like the Google Bomb to attack the reputation and good names of those unable to defend themselves?

Sue Scheff and I have a new book, Google Bomb, coming out September first. Yes, it is all about online attacks written by a victim fighting back and John W Dozier Jr offering a defamation lawyer perspective.

Initial independent feedback from some early reviews...exceptional and scary book.

Initial independent advice from some early reviews...Don't read it right before you go to bed. 

Dozier Internet Law: Affiliate Marketers Terminated Over State Sales Tax

Dozier Internet Law's John W Dozier Jr commented extensively on the New York affiliate tax law. Predicting that other states would follow suit, and over time there would become a sort of "tax haven" that one or two states would foster by taking a hands off approach to trying to create sales tax liability for purchases connected a state's "in-state" affiliate marketers, Mr. Dozier laid out a rather bleak forecast for affiliate marketers. Now, things are moving in the direction Mr. Dozier anticipated.

Amazon has fired all of its affiliate marketers in Rhode Island and North Carolina. Overstock.com has done them two better, and just announced the termination of affiliates in North Carolina, Rhode Island, Hawaii, and California in response to taxation issues.

At Dozier Internet Law we continue to see this trend evolving at a quicker pace. What state will step up and offer refuge? Just goes to show that state (legislative) intervention into the business of the web is a huge problem with far reaching unintended consequences.     

Internet Lawyer: Top Tips To Find The Right Internet Lawyer

At Dozier Internet Law we are sought after to offer our guidance and advice on a wide range of issues from people and businesses all over the world. Many of the questions we field from prospective clients are great questions, and through those it has become clear that many people might appreciate some assistance in guiding them through the process of selecting the right Internet lawyer. So we have launched a blog as a resource for the many people facing an Internet law problem and searching for legal help. The blog posts on Internet lawyer are our thoughts and you are welcome to offer your own comments and guidance and advice. 

Hiring an Internet lawyer can be a very scary process. What might look good online could lead to a very unpleasant and unsatisfactory reality. Internet lawyer John W Dozier Jr has been practicing law for almost thirty years as a litigator and trial lawyer, founded a venture backed, award winning E-commerce company, was CEO and Chairman from 1996 through 2001, and knows what busy business people want and need from their Internet lawyer. Is Dozier Internet Law a good fit? Follow our advice and suggestions and you'll get a good idea of whether we can meet your needs as an Internet lawyer expert.   

Dozier Internet Law: Blogger Busted By FBI

Dozier Internet Law's John W Dozier Jr just completed final editing of "Google Bomb", a book about online attacks and just the sort of thing that precipitated the arrest by the FBI of a blogger for what he said on his blog. Paul Alan Levy, the internet lawyer with Public Citizen who is no stranger to attacking judges with words and imploring his netizen constituency to online action against his adversaries, was the apparent "go to" guy to put this alleged misconduct in perspective. So it was a bit odd to see Levy offering his impliedly unbiased opinion to journalists. He stated that with respect to the comments from the blogger about specific federal Judges...."The  question is, 'Is it a threat, or is it advocacy'." Well, given the facts internet lawyer Levy had available, let's see if this could possibly be simply idle chatter from a well intentioned and likely vehement follower of Levy's propaganda. This is what the FBI and Department of Justice allege Mr. Hal Turner said in threatening Federal Judges after they decided a case:

1) "These Judges deserve to be killed."

2) "Apparently, the 7th Circuit court didn't get the hint after those killings (more on this below). It appears another lesson is needed."

3) "Judges offical public work addresses and a map of the area are below. Their home adresses and maps will follow soon."

4) A photo of the Federal Courthouse in Chicago modified with arrows and a label noting the "anti-truck bomb barriers".

The reference to the other murders in number two? When the same Circuit Court decided to allow stand a conviction of an individual for soliciting murder of another federal judge in Chicago, that federal judge's mother and her husband were murdered in their home. 

Now, I am all for offering up balanced perspectives to all of the online netizens who look to a real Internet Lawyer to help them understand appropriate conduct and where the lines are drawn. And we need vigorous advocacy by Internet lawyer types on both sides of these issues. But Levy is an extremist, and legitimate journalists need to stop relying upon him as an objective, fair or balanced source. Here's what I would like to have heard Paul Alan Levy say. Maybe he can learn that the message of the value of free speech can be protected without assuming extreme positions that will influence the ignorant and make him look foolish when he is challenged on it. Here, if Paul Alan Levy could learn to exercise discretion and judgment, is what he could have said:

"From a moral standpoint, respect and protection of our judicial system is essential. This situation is a lesson for the hundreds of millions of uninformed netizens relying upon us as their moral compass. If these allegations are true, and Hal Turner meant what he was saying, there is no place for such misconduct. His words erode the moral fabric of online society and put at risk the right to free speech we all enjoy. There are legal issues with respect to whether the government has to prove an imminent threat to physical harm, which is almost always the defense raised in cases in which threats are made to public officials, and other free speech matters may arise in the course of this case. But no matter what the legal outcome, we cannot condone in any way attacks on Judges, their families, or the administration of justice. Our justice system is not perfect, and we'll continue to work everyday to point out the problems and offer solutions, but it is the best in the world. And we must all be ever vigilant to preserve, protect and defend the Judiciary." 

So, I have to wonder-at what point is Paul Alan Levy and Public Citizen just no longer relevant in today's debates about online rights and speech? I think they still deserve to be at the table. Just so far out on the left of center that while they are accorded a plate-setting, their voice is barely decipherable. The term "extremist" understates what Public Citizen is doing to the moral fiber of the online world. And you'll hear much more about internet lawyer Paul Alan Levy and Public Citizen in "Google Bomb", the book. Much more.

Dozier Internet Law: How To Hire An Internet Lawyer

At Dozier Internet Law we field calls from new client prospects constantly looking to hire an Internet lawyer. Obviously Dozier Internet Law isn't the only option out there. Your search for the right Internet lawyer does not have to be frustrating. It just takes some time and effort on your part.

Dozier Internet Law focuses on challenging, complex, and high profile matters. If you are looking to have an Internet lawyer draft a user agreement or privacy policy, there are many options that could be less expensive than our firm. We focus on an holistic approach and would work for a client to assure legal compliance, and as part of that process we do draft these contracts. But it is for firm clients only...those clients with high expectations for a robust approach and those clients with whom Dozier Internet Law has a track record or at least those clients who are committed to quality and thoroughness. Understandably there are those in need who are looking for a quick contract on a set fee. We don't do that. Others do.

There are many things, in fact, that we don't do. Dozier Internet Law is a group of Internet lawyers, but we are litigation and trial lawyers. We might be the firm to hire when you get in a jam or have someone trying to pull a fast one on your business. 

We are putting together a guide of sorts on this blog...Internet Lawyer...to give you some guidance and a step by step approach to finding the right internet lawyer. Keep up with our ten suggestions for hiring the right internet lawyer and you'll find that it is a lot easier process than you might have imagined to find the right fit. 

There is a size that fits for all.  

Internet Lawyer Thoughts

Dozier Internet Law's John W Dozier Jr has launched a new Internet lawyer blog. John will be discussing whatever comes to mind as it relates to the development and growth of the web, the underlying philosophies and driving forces, and the challenges of issues yet to be resolved. And issues yet to be recognized. We'll be offering the unique perspective of an Internet lawyer on the inside, with a slant and perspective of a businessman confronted with the many challenges that inevitabley lurk in the Wild West of the online world. John will cover unintended consequences or unanticipated results from recent web developments, and try to see into the future as to where we are all headed. Drop by the Internet lawyer blog and post a comment. And if you run into a particularly difficult situation don't forget that Dozier Internet Law helps solve problems.

Defamation Lawyer: What Can Get You Sued?

As defamation lawyers we are often involved in analyzing a potentially defamatory post. In today's world, it is getting harder and harder to figure out whether some blog comment or post is a statement of fact. Statements of fact can now be couched in statements of opinion and craftfully presented so that Google picks up the factual words and presents those it is results. It's a game that brings into play issues unique to the law of the Internet and issues your typical defamation lawyer will have a hard time grasping. At Dozier Internet Law, our defamation lawyers deal with this type of analysis often. Here is the issue I recently presented to the California Society of Plastic Surgeons at their annual conference in Lake Tahoe. 

 I heard Dr. XYZ is a pedophile, but I know that is false.

2.I heard Dr. XYZ is a pedophile, but I doubt it.

3.I heard Dr. XYZ is a pedophile.

4.I heard from a very reliable source that Dr. XYZ is a pedophile.

5.Dr. XYZ is a pedophile .

6.Dr. XYZ is a pedophile and he attacked my children.

7.Dr. XYZ is a convicted pedophile.

8.Dr. XYZ is a convicted pedophile, and he’s ugly too!

How Google’s Transformative Process Might Present Each In Search Results When You Are Searched:Dr. XYZ is a pedophile.

John W Dozier Jr Offers Top Tips For Data Loss

John W Dozier Jr spoke at the annual Internet Retailer conference in June on data protection and managing the liabilities that can arise. Faced with a data loss, an online retailer or marketer or other business entity is often faced with notification laws, liability to banks for losses, FTC and State Attorney General investigations, and class action lawsuits. Given these exposures, most online businesses simply cannot survive to live another day. So John W Dozier Jr offered four suggestions to avoid and manage the risk of data loss.

1) Beware the Wolf in Sheep's Clothing: While your biggest concern may be the loss of credit card information, the fact is that much litigation is coming from inside jobs. Maintain your data internally on a "need to access" basis, and be vigilant in guarding against employee and contractor misappropriation. Don't let those with access to your data do any affiliate marketing on the side, for instance, and have strong written contracts with employees and contractors that will discourage the "borrowing" of your data.

2) Use Salt Liberally: Place your own (preferably fictitious) personally identifiable information in your databases so if they are stolen you will be the recipient of the end use of the data. Banks have been doing this for years. It's called "salting". Sprinkle into your databases information like an anonymous email address so if your data is stolen you'll get an email if someone decides to spam with it. 

3) Put it on the Other Guy: No, don't just blame someone else. That's nothing new. Actually anticipate this issue arising and guard against assuming liability brought about by others. Make sure you have indemnification provisions in your web development, web hosting and other third party contracts so if the access is not your fault, you can look to a third party for reimbursement of your losses.

4) Under Promise, Over Deliver: Make sure that your privacy practices are well understood internally and are accurately set forth in your privacy policy. Make sure that your privacy policy provisions do not conflict with your User Agreement and other contracts. And then make sure that your website content is consistent with your Privacy Policy and privacy practices. This is where you will get nailed by the Federal Trade Commission and others even if the loss was not due to your own neglect. Don't promise more than you are prepared to deliver. And in doubt, under promise. For most businesses, you can offer up no promises about data security in your privacy policies and avoid this contract based obligation. Other laws may apply if you have a data loss, but at least you will have limited your exposure. 

John W Dozier Jr specializes in the law of the web representing businesses. John was the architect of e-commerce solutions for American Express, Citicorp and Sears, and Dozier Electronic Commerce Solutions, a venture backed, award winning E-commerce business John founded in 1994, transmitted millions of personally identifiable information financial transactions daily through its systems. 

Dozier Internet Law: Jury Increases Verdict in Music Copyright Case Retrial

Dozier Internet Law has been following the progress of the music copyright infringement cases over the years, often finding our firm defending those who receive the lawsuits or demand letters. The first case to go to trial resulted in a verdict of $222,000. All of the consumer rights groups jumped on the result, criticizing everything about the trial and taking the lawyer for the defendant to task for alleged incompetence. With new, supposedly expert, lawyers provided by, or supported by, the consumer rights groups and other free speech related coalitions, the Judge in the original trial agreed to a re-trial. Dozier Internet Law is battling these extremist groups all the time, and while we try to protect the intellectual property of businesses, these groups seem to always be supporting the right of others to take this property. Kind of a Robin Hood philosophy better suited for socialism than capitalism.

So, it would come as no surprise to Dozier Internet Law, frankly, that the retrial with these consumer rights minded copyright lawyers (at least that is how they are characterized online) would result in a jury verdict for the defendant. But that is not the way it has turned out. Looks like the case was not as weak as the consumer rights and anti-business forces believed.

The new jury verdict returned is almost ten times greater than the initial verdict, leaving the Defendant destitute for sure. The original verdict was for $9,250 per song. The new verdict is for $80,000 each song. The verdict has increased from $222,000 to $1.92 Million. And these groups, headed up by the Electronic Frontier Foundation, are again attacking the jury verdict. 

So, do they appeal and fight the case? It's hard to attack their own hand picked lawyer this time. And how much more will the next jury verdict be? Well done, consumer rights groups. Nice message to send out. The consumer rights in-house lawyers, (not the private firm representing the defendant), constantly spread the mantra that they will fight for you. But do you really want them? The last I looked, the leading consumer rights groups like EFF and Public Citizen didn't appear to have a single lawyer that has ever tried a case to a jury. If there is one on staff, I'll leave the comments open so you can list them. 

At Dozier Internet Law, we love going against the in-house lawyers for the ACLU, Public Citizen and EFF and other consumer rights type groups. They can sound great in press releases, and public commentary, and legal briefs. But you should see them in discovery, litigation and before a jury. And that's why they have no experience with jury trials. They are scared to try a case. They just settle cases in the quiet of the night. Because they are scared to lose and know that if they try the case, that is the likely result. And having a client get slammed for a $2 Million Judgment, and thereby ruining her financial situation for life, is hardly worth the principle in their minds. 

That's the notable part of this case. The case got tried to a jury. They were forced into trial given the circumstances. Ouch. Nice result.