Law Commons^™

Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston

BYU Law Review

No abstract provided.

Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston

BYU Law Review

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the …

Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato

BYU Law Review

No abstract provided.

Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders

BYU Law Review

No abstract provided.

A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende

BYU Law Review

No abstract provided.

Technology And Pornography, Arnold H. Loewy

BYU Law Review

No abstract provided.

Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee

BYU Law Review

No abstract provided.

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.

Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan

Federal Communications Law Journal

The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …

Net Neutrality: An International Policy For The United States, Frederick W. Pfister

San Diego International Law Journal

Consider this scenario: Alex and John still are avid video game players and play hours a day, each connecting from the same town through different ISPs. However, since it is a peak Internet traffic time, it may be difficult for them to play. While Alex has the "Diamond" package from his ISP that ensures he has guaranteed high-bandwidth connection, John's ISP does not offer anything other than regular residential service. John must compete with everyone else in his local area for bandwidth, including a few who constantly watch high-definition video-on-demand and subsequently constrain bandwidth for other users. Would it not …

The Right To Privacy Unveiled, Samuel C. Rickless

San Diego Law Review

The purpose of this Article is to bring order to this theoretical chaos. In my view, none of these accounts of the right to privacy is accurate. As I will argue, we are better served by a completely different theoretical description of the relevant right. It is my hope that greater philosophical clarity in this area of ethics will lead to a more careful appreciation of the value of the right to privacy, as well as legislation and judicial reasoning that is more carefully crafted to protect against violations of the right. This Article is organized as follows: In Part …

Privacy Versus Security: Why Privacy Is Not An Absolute Value Or Right, Kenneth Einar Himma

San Diego Law Review

In this Article, I consider the scope of this right to informational privacy relative to our interests in security and argue, in particular, that the right to privacy must yield to these interests in the case of a direct conflict. I offer arguments from a number of different perspectives. I will, for example, begin with a case directly rooted in what I take to be ordinary case intuitions and then continue with an argument grounded in the distinction between intrinsic and instrumental value, which is thought to serve as a rough mark between what is important from a moral point …

Claims To Privacy And The Distributed Value View, Alan Rubel

San Diego Law Review

This Article is organized as follows. In Part II, I briefly explain my view of what privacy is - the particularized judgment account. I then turn to the question of privacy - value in Part III, where I examine several views prominent in the literature. In Part IV, I outline my view of privacy's value. I argue that, at its strongest, privacy has constitutive value, which is to say that privacy is a constituent part of intrinsically valuable states of affairs. However, in many cases, privacy's value is not morally weighty. Unlike other goods to which privacy is compared, I …

Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2007 Editors' Symposium of the San Diego Law Review. This year's theme is: "Informational Privacy: Philosophical Foundations and Legal Implications."

Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee

San Diego Law Review

The controversy over the Bush Administration's warrantless wiretapping program will not disappear any time soon. Legislators, policymakers, and academics should be thinking about whether and under what circumstances such surveillance should be illegal. A major factor in that decision is the moral status of such wiretapping. This essay, written for a symposium on moral rights to informational privacy, argues that two key determinants in the morality of warrantless wiretapping are (1) whether the subjects of the surveillance are known terrorists; and (2) whether the wiretapping is part of a pre-emptive surveillance program, or instead whether government operatives actually know of …

Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne

University of Richmond Law Review

No abstract provided.

Toward Informational Privacy Rights, Adam D. Moore

San Diego Law Review

In this paper I will offer several arguments in support of the view that individuals have moral claims to control personal information. Coupled with rights to control access to one's body, capacities, and powers, or physical privacy rights, we will have taken important steps toward a general right to privacy. In Part I, a definition of privacy is offered along with an account of the value of privacy. Simply put, privacy - defined as control over access to locations and information - is necessary for human well-being. In Part II, an attempt to move beyond claims of value to claims …

Some Questions For The Barrier Theory, Alan Rubel

San Diego Law Review

Having set out the basics, Rickless considers several questions one might pose for the Barrier Theory. For example, must the barrier be solid? No. Must the barrier be erected by, rather than merely used by, the rightholder? No. Must the barrier be morally permissible in the first instance? No. While Rickless's answers seem correct, I think that they raise some concerns about the Barrier Theory.

Separation, Risk, And The Necessity Of Privacy To Well-Being: A Comment On Adam Moore's Toward Informational Privacy Rights, Kenneth Einar Himma

San Diego Law Review

In this Article, I want to raise doubts about certain of Moore's premises in his argument defending information privacy rights. As always and I say this as a continuing admirer of his skill as a philosopher, information theorist, and legal theorist his argument is well thought out and persuasively written. But, as we will see, there are serious problems with each major plank of his schema for justifying privacy rights.

"I'Ve Got Nothing To Hide" And Other Misunderstandings Of Privacy, Daniel J. Solove

San Diego Law Review

In this short Article, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide …

The Human Right To Privacy, James Griffin

San Diego Law Review

To say much of interest about a particular human right, we have to know its content. So we have to know how to decide its content. That is where I shall start.

"Can I See Some Id?" Age Verification Requirements For The Online Liquor Store, Boris Reznikov

Washington Journal of Law, Technology & Arts

Teenagers are starting to use the Internet to circumvent the ordinarily stringent restrictions on the sale of alcohol to underage individuals. Since states have always punished vendors for furnishing alcohol to minors, companies that choose to sell alcohol online must recognize that they could be criminally and civilly liable if they do not take reasonable precautions to ensure that minors do not obtain their product. This Article examines the steps online alcohol vendors might take in order to protect themselves from liability so that they can continue to run their ventures in a profitable manner.

Electronic Records As Documentary Evidence, Ken Chasse

Canadian Journal of Law and Technology

The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …

The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm

Canadian Journal of Law and Technology

In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …

You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow

Canadian Journal of Law and Technology

Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple

Canadian Journal of Law and Technology

This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …

Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher Yoo

Federal Communications Law Journal

"Net neutrality" has been among the leading issues of telecommunications policy this decade. Is the neutrality of the Internet fundamental to its success, and worth regulating to protect, or simply a technical design subject to improvement? In this debate-form commentary, Tim Wu and Christopher Yoo make clear the connection between net neutrality and broader issues of national telecommunications policy.

Who Controls The Internet? A Review, Deborah J. Salons

Federal Communications Law Journal

Book Review: Who Controls the Internet? Illusions of a Borderless World, Jack Goldsmith and Tim Wu, Oxford University Press 2006.

Ms. Salons reviews Who Controls the Internet? Illusions of a Borderless World, Oxford University Press, 2006. Authored by Jack Goldsmith and Tim Wu, the book provides a history of the Internet and analyzes the nexus between globalization and government coercion. The book focuses on how these agents have shaped and developed the Internet as we are familiar with it today.

A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle

Federal Communications Law Journal

This Note examines the competing interests between ensuring military personnel's freedom of speech while protecting national security interests. The Author recognizes the necessity of protecting national security interests but emphasizes that military personnel's rights to free speech must be protected as long as such speech poses no threat to military security. In conclusion, clearer protections must be implemented to protect military personnel's right to free speech.