Articles by Peter S. Vogel

Whether you like it or not, disputes do arise from time to time. For example, disputes arise about early termination, delay of deliverables, breach of performance, or the like, so it is best to plan for the worst and hope for the best. Part 5 of this series was about mediating disputes, which could solve the problem before litigation or arbitration...

Contract disputes do arise from time to time. Whether the issue is early termination, delay of deliverables, breach of performance, or the like, it is best to plan for the worst and hope for the best When there is a dispute, whether the contract contemplates this or not, either party should consider a legal process called mediation to avoid the tim...

As used in website development contracts, indemnification typically concerns whether the vendor will defend you in court if you later get sued for your use of the technology, including Intellectual Property (IP) or services provided by the website development vendor In some instances, a well-drafted indemnity clause can protect you in litigation en...

The cloud is an essential component of all e-commerce sites. Not all clouds, however, are created equal. The key thing here is reliability. Making sure that the cloud service and Service Level Agreement (SLA) are right for your business may not be clear before you enter into a website development contract This is Part 3 of a series providing advice...

This is Part 2 of a new series providing advice about website development contracts for businesses engaged in e-commerce. Part 1 covers how to avoid major disasters When entering into website development contracts, the more you know, the more likely you will be able to avoid common pitfalls....

This is Part 1 of a new series providing advice about website development contracts for businesses engaged in e-commerce When entering into website development contracts, the more you know the more likely you will be able to avoid contract disasters that could prevent your website from launching on time or working properly. ...

Life as we knew it before the coronavirus is gone forever, and many changes will manifest in the pandemic's aftermath. How will it impact privacy laws around the globe? No one knows for sure, and we will not know until after the coronavirus is behind us. Cybercriminals long have been taking advantage of the Internet, and now the spread of COVID-19 has sped up their evil work...

The California Consumer Protection Act (CCPA) goes into effect in 2020, and other state and federal laws are on the horizon -- but is it possible that these state laws will really provide us privacy? For instance, how many readers take the time to read the privacy policy (or click agreement) when they download a new version of an app on their smart...

Although not every United States business will be affected, the new California Consumer Protection Act, or CCPA, almost certainly will have implications for many businesses outside of California. Starting Jan. 1, 2020, qualifying businesses will be subject to data privacy and security standards currently required only by the 28 member states in th...

Got your attention? We thought so In a recently published Notice, the Internal Revenue Service seems to be offering some cautionary advice about the legal risks associated with using cryptocurrencies to avoid capital gains taxes....

Although not every United States business will be affected, the new California Consumer Protection Act, or CCPA, almost certainly will have implications for many businesses outside of California Starting Jan. 1, 2020, qualifying businesses will be subject to data privacy and security standards currently required only by the 28 member states in the ...

There is no data showing how many people actually read through click agreements, terms of service (ToS) and privacy policies (collectively "online terms") before clicking the alluring "accept" button. However, there's research that indicates fewer than 1 percent of people report taking the time to review online terms. Most folks consider online terms an annoying speed bump and frankly don't care...

Is it possible that any of us are at all surprised to learn that in just the first quarter of 2019 more than US$1.2 billion worth of cryptocurrency was stolen? Probably not. This story follows the old line from bank robber Willie Sutton who is credited with saying that he robbed banks "because that's where the money is." So not much has changed. Cryptocurrencies are not exactly money, though, even if they do have a market value...

No one knows for sure how many "things" are connected to the Internet, but the Federal Trade Commission reported last year that it was more than 8 billion, and that it would exceed 20 billion by the end of 2020! Astonishing as it seems, it turns out that U.S. privacy laws do not apply to all of those devices and the data they collect So, for the th...

Way back in the dark ages in May 2011 (about 2,345 Internet years ago) I wrote a column about Net neutrality, which was in court at the time. For those of you who are not sure, "Net neutrality" is short for "Internet neutrality" or "network neutrality." The concept addresses user access to the Internet, and the debate around Net neutrality centers on whether Internet service providers can limit, tier, block or otherwise affect Internet performance...

Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings, review or public comment, Congress passed the legislation as part of the US$1.3 trillion government spending bill. The CLOUD Act ch...

There's a lot of hype around artificial intelligence as the greatest thing since sliced bread, but will AI really help with cybersecurity? Criminals who run cybercriminal businesses also are capable of using the AI to commit crimes. It's logical that if one person is smart enough to develop cyberprotection technologies that utilize AI, then thoughtful, creative criminals can use AI to penetrate those AI-created protections...

Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data) Without any public hearings, review, or public comment, Congress passed the legislation as part of the US$1.3 trillion government spending bill. The CLOUD Act cha...

Even though D-Link expressly promised that many of its wireless devices had the highest level of security available, the Federal Trade Commission last month filed a lawsuit that alleges otherwise. The FTC filing includes copies of online marketing materials and technical specifications for D-Link's products (including its digital baby monitor and...

Laws usually are established after interpersonal or business activities collide with the real or perceived rights of others. After parties with different positions fight about who's right and who's wrong, legislatures create laws to solve the legal issues raised, and courts enforce them or create their own (Miranda rules, for example) Many of the l...