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Jeremy Malcolm

Jeremy Malcolm

Tech-savvy New York attorney specializing in IP, Internet & AI law and policy
  • Communications & Internet Law, Trademarks, Intellectual Property ...
  • New York
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Biography

I am Jeremy Malcolm, a tech-savvy attorney who was admitted to the New York Bar in 2009. I offer legal services remotely, covering all areas of law with a particular focus on intellectual property, Internet, and AI law. My deep understanding of emerging technologies allows me to provide strategic guidance on complex legal issues that arise at the intersection of law and innovation. My practice includes copyright, trademarks, privacy, cybersecurity, and regulatory compliance in the digital landscape... but I thrive on the diversity of my practice, so yes I can also handle your divorce, will, or criminal defense.

I am adept at advising startups, creators, and tech companies, combining legal acumen with technical insight to deliver effective solutions in an evolving legal environment. I am also the founder of AskLex.ai, a unique AI-enabled online legal advice service that allows you to have AI legal answers reviewed by a real lawyer.

I was first admitted to practice law in Australia in 1996 and later in New York in 2009. I am the author of "Multi-Stakeholder Governance and the Internet Governance Forum" (2008), and I serve as the Chair of the Center for Online Safety and Liberty.

Practice Areas
Communications & Internet Law
Internet Law, Media & Advertising, Telecommunications Law
Trademarks
Trademark Litigation, Trademark Registration
Intellectual Property
Probate
Probate Administration, Probate Litigation, Will Contests
Criminal Law
Criminal Appeals, Fraud, Internet Crimes, Sex Crimes
Business Law
Business Contracts, Business Dissolution, Business Formation, Business Litigation, Partnership & Shareholder Disputes
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
New York State Office of Court Administration
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High Court of Australia
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Supreme Court of Western Australia
ID Number: 2507786
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Languages
  • English: Spoken, Written
  • Spanish: Written
Education
Murdoch University
Ph.D. (2008) | Law
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Activities: Thesis on "Multi-Stakeholder Public Policy Governance and its Application to the Internet Governance Forum"
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Murdoch University
LL.D. (1994) | Law
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Honors: Honors
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Awards
Australian Open Source Award
Australian Unix and Open Systems Users Group (AUUG)
For outstanding contribution to the understanding of para-technical and legal issues.
Professional Associations
Center for Online Safety and Liberty
Chair
- Current
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Publications
Articles & Publications
Multi-Stakeholder Governance and the Internet Governance Forum
Terminus Books
Certifications
Certified Payments & Fraud Prevention Professional
Merchant Risk Council (MRC)
Websites & Blogs
Website
Jeremy Malcolm: Internet & AI Law & Policy
Legal Answers
24 Questions Answered
Q. Can I get in trouble if an online contact lied about their age? In MI, met someone online claiming to be 18, later found out they were 17. No lewd images, just flirtatious texts. Could I get into legal trouble if they press charges despite having proof of their age misrepresentation?
A: It is unlikely that you will face any trouble over this. Technically, anyone can report anything to the police, but police and prosecutors evaluate intent, content, and harm. A charge is unlikely to be pursued unless there’s clear evidence of grooming, sexual content, or coercion. The person’s documented age misrepresentation strengthens your defense, and in any case, the age of consent for sex in Michigan is 16 (though it's 18 for exchanging lewd images).

You should keep a screenshot of the chat showing their initial claim of being 18, just in case you need it. But most likely you will not hear anything more about it. There is nothing wrong with blocking the person for your own safety in this situation. ... Read More
Q. Legal consequences for a minor admin involved in cybercrime activities.
A: You could be implicated in conspiracy to commit a crime or aiding and abetting cybercrime, even if you didn't commit any hacks yourself. This could include wire fraud and money laundering crimes, or crimes under the Computer Fraud and Abuse Act (CFAA) for trafficking in stolen credentials.

Juvenile courts often handle first-time offenders under 18 differently. The focus is more on rehabilitation. However, if the crimes are serious enough or if the minor is close to 18, the government may try to charge them as an adult, especially in federal court.

It doesn't necessarily say much that you haven't had any law enforcement involvement as they can be investigating quietly. Participation in sites like BreachForums, especially in a visible role (e.g., admin, public-facing posts), means you are almost certainly on the radar.

If prosecuted as a juvenile, penalties might involve probation, juvenile detention, or restitution. If charged as an adult, depending on the charges and extent of involvement, significant prison time is possible — especially for money laundering and trafficking in stolen data.

I recommend that you not make any further admissions online, cease involvement in any illegal activity, and keep the details of a local criminal lawyer on hand in case you are ever contacted by law enforcement.
... Read More
Q. Can I use phrases from Jujutsu Kaisen on pencils without legal risk?
A: While it's not high, there is still some risk. It's helpful that you are avoiding logos and artwork. But if these phrases are distinctive enough and commonly understood by fans to refer specifically to the anime, using them could lead to trademark infringement or a claim of implied endorsement under the U.S. Lanham Act, on the basis that consumers might believe the product is officially licensed or endorsed.

Even with a disclaimer, if the overall presentation causes consumer confusion about endorsement, it can still be legally actionable. However, your practical risk depends on whether the anime's rights holders (e.g., MAPPA, Shueisha, etc.) are actively enforcing their IP, especially against the use of phrases like yours that only indirectly reference the anime.

You can still go ahead and sell these pencils, but just be conscious that you might receive a cease and desist letter, and at worst, you might be required to disgorge the profits that you make from selling the pencils if an infringement claim is made against you.
... Read More
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Telephone: (929) 264-5859