Internet Law Attorney
David Newman Brunk is an Oregon attorney with a practice centered on commercial disputes in online environments. He handles the range of legal problems that arise when business, communication, and conflict move to the internet — from e-commerce contract breaches to online defamation to platform disputes. He is admitted to practice in Oregon and holds a J.D. from NYU School of Law.
What Internet Law Covers in Oregon
Internet law is not a single statute. It is the intersection of contract law, tort law, intellectual property, and consumer protection law as applied to online conduct. In Oregon, the relevant legal framework draws from state statutes, common law, and federal law depending on the nature of the dispute.
Common categories of internet law matters in Oregon include:
- Online contract disputes. E-commerce agreements, software-as-a-service contracts, digital marketplace terms of service, affiliate agreements, and online vendor relationships are all governed by contract law. Oregon follows Article 2 of the UCC for goods transactions and common law for service contracts.
- Online defamation. Oregon defamation law applies to statements published online just as to those published in print. Oregon also has an anti-SLAPP statute (ORS 31.150–31.155) that can be invoked to obtain early dismissal and attorney fees in strategic defamation suits targeting online speech.
- Privacy violations. The Oregon Consumer Privacy Act (effective July 2024) gives Oregon residents rights over their personal data. ORS 646A.600 et seq. covers data breach notification requirements for Oregon businesses.
- Computer crimes. ORS 164.377 (computer crime) and ORS 165.800 (identity theft) are Oregon statutes that may apply when a business is the victim of unauthorized access, data theft, or interference with computer systems.
- DMCA and copyright online. The Digital Millennium Copyright Act (17 U.S.C. § 512) governs takedown notices, counter-notices, and the safe harbor provisions that protect platforms. These are federal matters, though Oregon attorneys regularly handle them.
- Consumer protection online. Oregon's Unlawful Trade Practices Act (ORS 646.605–646.607) applies to deceptive or unfair practices in online commerce, including misleading advertising, fake reviews, and subscription traps.
Oregon-Specific Statutes and Considerations
Several Oregon statutes are particularly important in internet law matters:
ORS 31.150–31.155 — Anti-SLAPP. Oregon's anti-SLAPP statute protects individuals and businesses from suits designed to silence online speech. If you are sued over a review, a social media post, or other online publication, this statute may provide grounds for early dismissal with attorney fees.
ORS 646.605–646.607 — Unlawful Trade Practices Act. The UTPA prohibits deceptive conduct in trade or commerce. Online businesses that mislead Oregon consumers, including through false advertising, manipulated reviews, or deceptive subscription terms, face UTPA liability. Private plaintiffs can recover actual damages, and the Attorney General can pursue civil penalties.
ORS 646A.600 et seq. — Data breach notification. Oregon requires businesses that own or license personal information about Oregon residents to notify affected individuals and the Attorney General following a security breach. Failure to comply can trigger enforcement action.
Oregon Consumer Privacy Act (HB 2701, 2023). Effective July 1, 2024, Oregon's comprehensive privacy law grants Oregon residents rights to access, correct, delete, and opt out of the sale of their personal data. Businesses that meet the threshold requirements must comply or face enforcement by the Attorney General.
Federal Law That Applies in Oregon
Many internet disputes involve federal law, which applies in Oregon as elsewhere:
- Section 230 of the Communications Decency Act (47 U.S.C. § 230). Provides broad immunity to online platforms for third-party content. Understanding Section 230's scope and its exceptions is essential to any dispute involving platform conduct.
- Computer Fraud and Abuse Act (18 U.S.C. § 1030). Prohibits unauthorized access to computer systems. Civil claims under the CFAA are available to businesses harmed by unauthorized intrusion, credential theft, or scraping.
- CAN-SPAM Act (15 U.S.C. § 7701 et seq.). Regulates commercial email. Oregon businesses sending bulk email must comply with CAN-SPAM requirements or face FTC enforcement and private claims.
- Digital Millennium Copyright Act (17 U.S.C. §§ 512, 1201). Governs online copyright infringement and the takedown-counter-notice process.
Frequently Asked Questions
What does an internet law attorney handle in Oregon?
An internet law attorney in Oregon handles disputes and transactions that occur in online environments. This includes e-commerce contract disputes, online defamation claims, privacy violations, DMCA copyright issues, terms of service enforcement, domain name disputes, and commercial litigation where the relevant conduct occurred over the internet.
When do I need an Oregon-admitted attorney for an internet law matter?
You need an Oregon-admitted attorney when you are filing or defending a lawsuit in Oregon state court, when Oregon law will govern your dispute under a choice-of-law analysis, when you are dealing with the Oregon Division of Financial Regulation or Oregon Department of Justice, or when your business is organized under Oregon law. Federal matters may be handled in federal court, where admission rules are separate.
What is Oregon's anti-SLAPP law and how does it apply online?
Oregon's anti-SLAPP statute (ORS 31.150–31.155) allows defendants to file a special motion to strike when a civil claim arises from protected speech or petition activity. Online speech — including reviews, social media posts, and published commentary — can qualify. A successful motion results in early dismissal and an award of attorney fees to the defendant. The statute is regularly invoked in Oregon defamation suits arising from online activity.
Can an Oregon business sue over a fake online review?
Yes, but the path depends on the facts. If the review contains false statements of fact (not just negative opinion), a defamation claim may be available. Oregon's Unlawful Trade Practices Act may also apply if the review is part of a coordinated deceptive practice. Be aware that Oregon's anti-SLAPP statute can be used defensively by the person who posted the review, so the claim must be well-founded before filing.
Contact David Newman Brunk regarding an internet law matter in Oregon: