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Salar Atrizadeh

Salar Atrizadeh’s Answers

183 total


  • Online Privacy - Is It Legal for the Government to Track You Using Smartphones? What is Geotagging?

    I am concerned that my previous work colleagues are using sophisticated applications or tools to circumvent the warrant process to locate my by GPS. Is that legal? Can the government track someone using smartphones with or without warrants? Whi...

    Salar’s Answer

    • Selected as best answer

    The Internet and the advancement of technology is slowly taking away our privacy rights. At this time, no law prevents the government’s collection or use of GPS tracking information against individuals. However, some states have enacted legislation that restricts the commercial use of GPS. The Fourth Amendment limits the use of GPS technology, but its protection from unreasonable search and seizure is less effective due to recent technology advancements.

    FYI, "geotagging" is the process of embedding geographical identification metadata to a photo, wherein it’s stored in EXIF or XMP formats. The geographic information can include latitude and longitude coordinates. The data can be read by programs that allow a viewer to see where a photo was taken. The geotagged photos can be linked to map services (e.g., Google Maps, Microsoft Virtual Earth, Yahoo Maps).

    I highly recommend that you speak with a lawyer who knows about internet, technology and related privacy issues in order to understand your rights and responsibilities.

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  • Can an ex girlfriend sue me using california law SB 255 (revenge porn law) for something that happened before it became a law?

    An ex girlfriend is threatening to sue me for posting adult pictures of her online in 2013 before there was a law in califonia against this. I did not post the pictures in the first place but the pictures were stolen and posted online by someone ...

    Salar’s Answer

    As you are aware, in October 2013, Jerry Brown signed Senate Bill 255 into effect, which made revenge porn a criminal offense, allowing victims to seek legal remedies from perpetrators. Revenge porn, also known as involuntary pornography or “cyber revenge,” is the act of posting pictures and videos that contain sexually-explicit content of a former significant other without their knowledge or consent.

    You would have to retain an internet/technology lawyer to research and determine whether the law is retroactive.

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  • Are Penny Auction Websites Legal in the United States?

    I own an e-commerce website that's a consolidation between Amazon and eBay. I am entertaining the idea of setting up a penny auction website that permits people to bid on products or services within the United States. What's the legal status of ...

    Salar’s Answer

    You should retain a lawyer who is very knowledgeable and experienced in this area. Please keep in mind that the Unlawful Internet Gambling Enforcement Act (UIGEA) prohibits the transfer of funds for unlawful online gambling, so the potential classification of penny auctions as a form of gambling is concerning not only for penny auction operators, but for financial institutions as well. For example, Paypal has already begun denying service to penny auction websites, likely in an attempt to avoid liability under this statute.

    The Federal Trade Commission has recognized the penny auction websites’ potential for fraud, particularly with unethical operations like shill bidding, which involves automated robots or inside bidders engaged in phony bidding with consumers. Further, the websites that employ these tactics are often scammers who never ship the prize. In addition, penny auction websites have been used to facilitate Ponzi schemes that induce consumer investments by making unfounded promises of payouts.

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  • Am I eligible to register a company in US?

    I am a Canadian citizen. I have an start-up company. I want to register the company in the US. Am I eligible to do that?

    Salar’s Answer

    Yes, although there are restrictions on a foreign resident's registration of certain legal entities (e.g., S-corporations), however, you should be able to register a company in the United States as long as you follow the guidelines. My recommendation is that you consult with a business attorney who knows the rules and regulations.

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  • Can I post a picture of me with another person on Facebook without their permission. I am the owner of the picture.

    The pic is 35 yrs old and the other person consented to having their picture taken with me. It was going to be a "throwback pic"?

    Salar’s Answer

    In general, the owner of the copyright has permission to post the picture (i.e., work) on the web. It's best to consult with an Internet lawyer who understands copyright issues.

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  • If someone takes a picture of your child and you no longer with that person. And the post it online, how do I go about to stop .

    I was with my ex and she took pictures of my daughter and has been posting pictures and tagging her grandmother that has made no contact with her granddaughter since she was 18 months. How do I go about having my ex send pictures of my daughter to...

    Salar’s Answer

    You need to retain an internet lawyer who knows how to submit a cease and desist letter, and potentially notify the website about the issues.

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  • Can my lawyer sue me for not paying the whole balance?

    I owe my lawyer a little less than $2000. I cannot afford to give her a lump sum of the amount. I offer to make payments of $100 a month but my lawyer will not except that And has threatened to sue me in court. Can she Sue me for the whole amount...

    Salar’s Answer

    In California, this form of action is a breach of contract. The answer depends on the terms and conditions of your retainer agreement. Also, since the sum is less than $2,000, most likely she'd have to sue you small claims court. You should speak with local counsel for more information.

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  • Can my company charge a surcharge?

    I am working on an online skill-based gaming website that will allow players to play against each other for real money. I've done my research and it's legal. Of course, before I go live, I will be talking to my attorney's. Besides that, t...

    Salar’s Answer

    Based on the limited amount of information you've supplied here, I am not sure that your business model is kosher. There are various state and federal laws pertaining to online gaming or gambling (e.g., Unlawful Internet Gambling Enforcement Act, Illegal Gambling Business Act, or Wire Act). So, your question about surcharges is secondary at this time. Also, it's best to retain a lawyer to analyze the business model and make his/her recommendations, including, but not limited to, the state of incorporation.

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  • I am a co-founder of a stationery business. What are the pros & cons of copyrighting my illustrations under my name vs company?

    I started a stationery business with a co-founder and we are in the process of copyrighting my illustrations. We met with a copyright attorney and they gave us 2 options: 1) Assign the company as the author and claimant of the copyright....

    Salar’s Answer

    The answer to your question depends on who wants to ultimately control the copyrights. For example, if you choose to be the copyright's author/claimant, then you have the prerogative to transfer, sell or revoke the copyrights to any third party, e.g., your company. This way, you retain control. The potential "disadvantage" is the cost of paying for a separate copyright license agreement. It's best to speak with a lawyer to go over the options.

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  • Is that legal

    My son was cyber bullied he sent a dirty pic to his girlfriend her boyfriend found it. Yes I said boyfriend .He spread it all around school and now my son gets suspended none of this happened on/or during school time. He had nothing to do with thi...

    Salar’s Answer

    Cyberbulling is a new trend in America's schools. There are laws that protect victims, so I would certainly suggest speaking with an Internet/Cyberspace lawyer in order to understand your son's rights and responsibilities.

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