Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization, or in excess of authorization. Must be considered when defining unauthorized use and access restrictions in the AUP.
Electronic Communications Privacy Act (ECPA): Extends restrictions on wire taps to include transmitted electronic data. Important for defining monitoring and communication policies in the AUP.
Digital Millennium Copyright Act (DMCA): Addresses copyright issues in the digital age, including provisions for handling copyright infringement notices. Essential for content usage policies.
CAN-SPAM Act: Regulates commercial email practices. Must be considered when addressing email usage and marketing communications in the AUP.
Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13. Important if the service might be used by children.
Federal Trade Commission Act: Prohibits unfair or deceptive practices affecting commerce. Relevant for ensuring AUP terms are fair and transparent.
State Privacy Laws: Various state-specific privacy regulations (e.g., CCPA in California, SHIELD Act in NY) that affect data handling and user privacy rights.
Data Breach Notification Laws: State-specific requirements for notifying users in case of data breaches. Important for security incident response policies.
Copyright and Trademark Laws: Federal and state laws protecting intellectual property rights. Essential for defining content usage and sharing policies.
Consumer Protection Laws: State-specific statutes protecting consumer rights and interests. Must be considered for fair usage terms and service limitations.
Cybersecurity Regulations: Federal and state requirements for maintaining network security and protecting user data. Important for security requirements section.
Industry-Specific Regulations: Sector-specific compliance requirements (e.g., HIPAA for healthcare, FERPA for education) that may affect acceptable use terms.
