CD can help businesspeople navigate Internet

Everybody seems to be going the e-business route, including brickand-mortar establishments whose big promos used to consist of snailmail fliers or mega-ton catalogs. But with new technology often comes new headaches. That's why the American Bar Association techies have come up with a brand-new "ABA

"We're excited about it," said Jason Epstein, a partner at the Nashville, Tenn.-based law firm Baker, Donelson, Bearman, Caldwell & Berkowitz, who helped design the site. "It's a unique product."

Just launched, it's a book, compact disc and Web site all wrapped into one, to help businesses, lawyers and educators navigate those cyberseas.

"It teaches businesspeople and lawyers about the legal issues associated with buying and selling products, services or software over the Web," said Epstein.

The reference topics cover everything from advertising to URL domain names, international issues to trademarks and taxation, and privacy and security issues, among others, and include a link to a variety of legal forms.

Contributing a chapter on Internet advertising is local lawyer Andrew Serwin, a partner in Foley & Lardner's Downtown San Diego office, a specialist in e-commerce and technology issues and one of three vice chairmen of the State Bar's cyberspace law committee.

Among his words of wisdom: If you hire an independent contractor to run your ads, be careful. If you hire an advertiser and that advertiser does something illegal that you didn't know about, you could be liable.

"Make sure your contract provides that the person sending your ad is going to comply with all the laws regarding advertising," said Serwin. "Then there would be some recourse you would have if they don't. It's an indemnity, an insurance policy, if you get into a lawsuit."

It's a legal minefield that keeps getting murkier.

"There are a lot of different layers of statutes out there," including issues of privacy, data security and foreign regulations - "and they're not all uniform," said Serwin, adding that California is the most aggressive state when it comes to Internet privacy and security issues.

The market is getting more and more fertile, said Serwin, with a mix of businesses getting involved with e-commerce.

"The mix is broader than it was in the late '90s and 2000," said Serwin. "Then, it used to be pure e-businesses."

The ABA's CD is priced at $80 for use on one computer. If you want to get a network license, contact the director of copyrights and contracts at (312) 988-6101. For an extra charge, you can customize your site. Want more info? Visit www.abanet.org.