Question
1. You are providing legal advice to a client who wants to have an online platform where items are sold. The client, X-Bay, a US
1. You are providing legal advice to a client who wants to have an online platform where items are sold. The client, "X-Bay", a US Company based in the United States, wants to offer this platform for items, and also wants to restrict the types of items for sale on the site. X-Bay wishes to discriminate against certain groups it disagrees with when offering its platform, including the following groups: 1) Right to Life Organizations of any kind; 2) All government employees of any kind; and 3) any products X-Bay unilaterally, on their own, deems to be of "low quality". First discuss all of the legal liabilities, rights and ability of X-Bay to perform or not perform (looking for laws, statutes, case law, Constitutional provisions).
2. X-Bay also wishes to regulate the price for certain classes of items, by setting a minimum pricing level for specific items it places on a list, so that any seller or manufacturer who sells on the site must post the item for sale at this minimum price. X-Bay also wishes to have third party sellers use X-Bays shipping services, where the third party stocks X-Bays one limited warehouse with that product, and X-Bay handles all the orders, accepting of payments, and shipping of products. Discuss all of the legal liabilities, rights and ability of X-Bay to perform or not perform this(looking for laws, statutes, case law, Constitutional provisions).
3. X-Bay will be using a specific ISP to host all of its content-- a company called "CrapCast", which is a cable and fiber based ISP on a national scale. CrapCast, as part of its terms and conditions, wishes to 1) monitor, read, and record all Internet traffic; 2) and wishes to block and/or slow down any Internet traffic and/or sites that it disagrees with. Some sites that CrapCast disagrees with include any "Pro-Choice" Abortion related groups or sites, clinics, doctors, and/or informational sources related to this topic (with the goal of shutting out all web based access to this), as well as other groups they find objectionable, such as the "KKK-White Power" types of sites. CrapCast also has colluded with "Derizon Wireless", the second largest ISP provider, next to CrapCast, to set an agreed upon minimum pricing schedule for ISP services. Discuss all of the legal liabilities, rights and ability of CrapCast to perform this or not perform this (looking for laws, statutes, case law, Constitutional provisions).
4. Finally, the US Department of Justice (DOJ) and Federal Communications Commission (FCC) have consulted you to see what they can do, as the government, to stop what they deem to be improper conduct (all activity described above), by X-Bay, CrapCast and Derizon Wireless. What civil and/or criminal statutes can they invoke, or what court orders can they obtain, to stop some or all of this conduct? Any Constitutional limits on the government?
For all parts of this assignment (including, but not limited to 1-4 above), you must be specific in your paper about what law(s) or court cases you are thinking of and referring to. Cite to the specific law, the specific case, the specific Constitutional right, and then briefly explain the relevant portions that you are citing to, then analyze that rule of law against each specific issue noted above, and then conclude how it may or may not apply to these facts. General, conclusory statements without specific citation to the legal rule (statute, case law, etc) will not earn points. Be sure to discuss Constitutional or statutory provisions that are arguably applicable, or may be applicable, even if you ultimately analyze and conclude that they are not. For each issue, be sure to identify the issue, discuss and cite to the relevant law in that area, briefly state or quote the salient portions of the law that are arguably applicable, and then conclude as to how it applies or does not apply. Perform for each and every issue and each and every potentially applicable law (case law, statute, etc).
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started