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Full-Text Articles in Law
Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew
Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew
Journal Articles
It is becoming commonplace to note that privacy and online commerce are on a collision course. Corporate entities archive and monetize more and more personal information. Citizens increasingly resent the intrusive nature of such data collection and use. Just noticing this conflict, however, tells us little. In "Informing and Reforming the Marketplace of Ideas: The Public-Private Model for Data Production and the First Amendment" Professor Shubha Ghosh not only notes the tension between the costs and benefits of data commercialization, but suggests three normative perspectives for balancing privacy and commercial speech. This is valuable because without a rich theoretical framework …
An Intersystemic View Of Intellectual Property And Free Speech, Mark Bartholomew, John Tehranian
An Intersystemic View Of Intellectual Property And Free Speech, Mark Bartholomew, John Tehranian
Journal Articles
Intellectual property regimes operate in the shadow of the First Amendment. By deeming a particular activity as infringing, the law of copyright, trademark, and the right of publicity all limit communication. As a result, judges and lawmakers must delicately balance intellectual property rights with expressive freedoms. Interestingly, each intellectual property regime strikes the balance between ownership rights and free speech in a dramatically different way. Despite a large volume of scholarship on intellectual property rights and free speech considerations, this Article represents the first systematic effort to detail, analyze, and explain the divergent evolution of expression-based defenses in copyright, trademark, …
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …