Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization, or in excess of authorization. Must be considered in terms of usage restrictions and access limitations in the EULA.
Digital Millennium Copyright Act (DMCA): Copyright law addressing digital content and software protection. Relevant for intellectual property protection clauses and anti-circumvention provisions.
Federal Copyright Act: Primary federal legislation protecting original works, including software. Essential for defining license scope and copyright protection terms.
Electronic Communications Privacy Act (ECPA): Regulates the interception of electronic communications. Important for any product features involving user communications or data collection.
Uniform Computer Information Transactions Act (UCITA): State-specific law governing software licenses and information technology transactions, adopted in some states. Provides framework for software licensing terms.
Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce. Ensures EULA terms are fair and clearly communicated to users.
California Consumer Privacy Act (CCPA): Comprehensive privacy law affecting businesses serving California residents. Requires specific privacy disclosures and user rights.
Uniform Commercial Code (UCC): Governs commercial transactions, including software sales. Relevant for warranty disclaimers and limitation of liability provisions.
Magnuson-Moss Warranty Act: Federal law governing consumer product warranties. Impacts how warranty terms and disclaimers must be presented in the EULA.
Export Administration Regulations (EAR): Controls the export of commercial and dual-use items. Requires specific provisions regarding international use and transfer of software.
International Traffic in Arms Regulations (ITAR): Controls the export of defense-related items and technical data. May require specific restrictions on international usage and users.
State Data Breach Notification Laws: Various state laws requiring notification of security breaches. Influences security-related obligations and incident response terms.
Americans with Disabilities Act (ADA): Federal law requiring accessibility for individuals with disabilities. May affect terms regarding software accessibility requirements.
GDPR Considerations: EU privacy regulation with extraterritorial effect. Required for companies serving EU customers, affecting data processing and user rights provisions.
Children's Online Privacy Protection Act (COPPA): Federal law protecting children's privacy online. Must be addressed if the software might be accessed by users under 13 years old.
