Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization, or in excess of authorization. Key consideration for defining authorized use terms in EULA.
Digital Millennium Copyright Act (DMCA): Federal law addressing copyright issues in digital media. Important for software protection and anti-circumvention provisions in EULA.
Federal Trade Commission Act: Regulates unfair and deceptive practices in commerce. Essential for ensuring EULA terms are fair and transparent to users.
Children's Online Privacy Protection Act (COPPA): Federal law governing collection of personal information from children under 13. Must be considered if software might be used by children.
Electronic Communications Privacy Act: Extends restrictions on government wiretaps to include transmitted electronic data. Relevant for data collection and privacy terms.
Uniform Computer Information Transactions Act (UCITA): State law adopted in Virginia and Maryland governing software licenses and information technology transactions.
State Consumer Protection Laws: Various state-specific laws protecting consumer rights and regulating business practices. Must be considered for multi-state operations.
Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including software sales and licenses.
E-SIGN Act: Federal law ensuring legal validity of electronic signatures and records, important for EULA acceptance mechanisms.
State Data Breach Notification Laws: State-specific requirements for notifying users of data breaches. Must be reflected in security and liability terms.
Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, affecting how warranty terms must be disclosed in EULA.
GDPR Compliance: EU data protection regulation that may apply if software serves EU users, affecting data processing and privacy terms.
Copyright Act: Federal law protecting original works, crucial for software intellectual property protection terms in EULA.
State Privacy Laws: Various state laws governing data privacy (e.g., CCPA in California, SHIELD Act in NY), affecting data collection and usage terms.
Industry-Specific Regulations: Sector-specific laws such as HIPAA (healthcare) or GLBA (financial), must be considered based on software application.
