The Regulators Are Coming. The Regulators . . .

lewrose@arentfox.com ((lewrose@arentfox.com))
Mon, 2 Oct 1995 09:33:21 -0700


It was bound to happen. Two regulators, the Federal Trade Commission and
the Minnesota Attorney General, have decided to stake out a role for
themselves with respect to Internet Marketing.

First, the Minnesota Attorney General has issued a statement asserting
jurisdiction over anyone who markets over the Internet to a resident of
Minnesota. I have not studied the cases cited in their statement but my
initial impression is skeptical that posting an article on USENET subjects
the poster to jurisdiction all over the world. Under applicable law, there
must be sufficient "minimum contacts" with the state to satisfy due process
concerns.

Second, the FTC has announced a series of hearings from October through the
end of the year on Globalization and Emerging Technologies. One hearing,
scheduled for November 20th, is on the role of the FTC in Marketing in
Cyberspace (their title). It's pretty clear to me that they are unsure of
what their role should be but are determined to have one in any event.

Copies of documents relevant to these initiatives are available at the
Advertising Law Internet Site under either the "What's New" button on the
button bar at the bottom of the page or the "Articles" Section. The site's
URL is: &lt;a href="<a href="http://www.webcom.com/~lewrose/home.html">http://www.webcom.com/~lewrose/home.html</a>"&gt;http://www.webcom.com/~lewrose/home.html&lt;/a&gt;

Lew

Lewis Rose 202-857-6012 (voice)
Arent Fox Kintner Plotkin &amp;amp; Kahn 202-857-6395 (fax)
1050 Connecticut Avenue, NW lewrose@arentfox.com (email)
Washington DC 20036 Advertising and Marketing Law
Advertising Law Internet Site &lt;a href="<a href="http://www.webcom.com/~lewrose/home.html">http://www.webcom.com/~lewrose/home.html</a>"&gt;http://www.webcom.com/~lewrose/home.html&lt;/a&gt;
Net-Lawyers Mailing List: net-lawyers@lawlib.wuacc.edu

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