Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- New York Law School (10)
- University of Richmond (3)
- University of Michigan Law School (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
-
- Boston University School of Law (1)
- Columbia Law School (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Selected Works (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Denver (1)
- University of New Hampshire (1)
- University of Pittsburgh School of Law (1)
- University of San Diego (1)
- Publication
-
- NYLS Law Review (10)
- Faculty Scholarship (2)
- Michigan Telecommunications & Technology Law Review (2)
- University of Richmond Law Review (2)
- All Faculty Scholarship (1)
-
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Federal Communications Law Journal (1)
- Human Rights & Human Welfare (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Publications (1)
- San Diego International Law Journal (1)
- Susan Freiwald (1)
- Villanova Law Review (1)
- Publication Type
- File Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Governing By Negotiation: The Internet Naming System, Tamar Frankel
Governing By Negotiation: The Internet Naming System, Tamar Frankel
Faculty Scholarship
This Article is about the governance of the Internet naming system. The subject is fascinating, not simply because the naming system is an important system affecting the Internet, although it is; and not because the Internet is important, although it is. The subject is fascinating because it offers a rare opportunity to examine and learn from the evolution of an incoherent governance structure. The naming system is special in that it is the product of a new technology; it reflects the changes and pressures brought by the new technology, and involves the interests of government and private entities, domestic and …
Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy
Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy
San Diego International Law Journal
The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
University of Richmond Law Review
No abstract provided.
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Federal Communications Law Journal
In the 1990's, the development of "streaming" technology allowed webcasters to begin broadcasting music on the Internet. The public took advantage of a plethora of free media players, and the number of web-based radio stations soared. However, a crippling dispute over broadcast rates left the viability of this technology in doubt. This Note criticizes current policies that curtail radio streaming by providing harsh financial restrictions on webcasters. In looking to the future, this Note argues that Congress should extend licensing exemptions to cover those Internet stations most like their AM/FM counterparts who do not have to pay additional fees.
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
From The Cluetrain To The Panopticon: Isp Activity Characterization And Control Of Internet Communications, Eric Evans
Michigan Telecommunications & Technology Law Review
If ISPs are exposed to liability for forwarding others' messages--messages originating with other ISPs or with the ISP's own users--the norm of universal mutual message forwarding that underlies the present operation of the Internet will be threatened. This Note will argue that society presently confronts a choice between a common carrier Internet characterized by universal mutual message forwarding and a monitored and controlled Internet. Part I will describe the underlying rules that govern ISPs' liability for their users' actions. Part II will argue that the present statutory regime governing ISPs' liability for users' copyright infringement includes elements that provide ISPs …
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Michigan Telecommunications & Technology Law Review
The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …
Communicating Entitlements: Property And The Internet, William Hubbard
Communicating Entitlements: Property And The Internet, William Hubbard
All Faculty Scholarship
No abstract provided.
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …
Virtual Crimes, Gregory Lastowka, Dan Hunter
Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch
Beyond Zippo's Sliding Scale - The Third Circuit Clarifies Internet-Based Personal Jurisdiction Analysis, David M. Fritch
Villanova Law Review
No abstract provided.
Can The Internet Be A Human Right?, Michael L. Best
Can The Internet Be A Human Right?, Michael L. Best
Human Rights & Human Welfare
A review of:
Human Rights and the Internet edited by Steven Hick, Edward F. Halpin, and Eric Hoskins. New York: Palgrave Macmillan, 2000. 276pp.
The Hegemony Of The Copyright Treatise, Ann Bartow
The Hegemony Of The Copyright Treatise, Ann Bartow
Law Faculty Scholarship
This Article asserts that major conceptions about the appropriate structure, texture, and span of copyright protections and privileges have been fashioned by copyright treatises, particularly the various editions of Nimmer on Copyright. Copyright treatises function in concert with the machinations of Congress, the courts, and custom, but their role is not often scrutinized.
Because copyright treatises typically do a far better job than Congress or the courts of explicating copyright law in straightforward and accessible language, such treatises can not only communicate the copyright law, but also influence its development and direction. Policy makers no doubt understand that content owners …
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
University of Richmond Law Review
No abstract provided.
Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue
Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue
Law Faculty Publications
The international community has been struggling with questions of who should regulate the Internet and how, but little consensus has emerged. For the United States, consideration of the pros and cons of the alternative jurisdictional approaches to e-commerce and cyberspace is complicated by an overlay of constitutional law. While the rest of the world considers the policy implications of a country of origin versus a country of destination approach, the United States is wrestling with what constitutes "purposeful availment" under the Due Process Clause.
The Supreme Court has never squarely considered what limits the Fifth Amendment imposes on assertions of …
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford
Who’S In Charge Of Who I Am?: Identity And Law Online, Susan P. Crawford
NYLS Law Review
No abstract provided.
The Right To Play, Edward Castronova
United States V. Jarrett, Andres A. Munoz
Legal Aesthetics Of The Family And The Nation: Agoraxchange And Notes Toward Re-Imaging The Future, Jacqueline Stevens
Legal Aesthetics Of The Family And The Nation: Agoraxchange And Notes Toward Re-Imaging The Future, Jacqueline Stevens
NYLS Law Review
No abstract provided.
Surveillance Law Through Cyberlaw's Lens, Patricia L. Bellia
Surveillance Law Through Cyberlaw's Lens, Patricia L. Bellia
Journal Articles
The continuing controversy over the surveillance-related provisions of the USA Patriot Act highlights the depth of Americans' concern about internet privacy. Although calls to limit the government's surveillance powers strike a chord with the public, the legal framework governing surveillance activities is highly technical and poorly understood. The Patriot Act's sunset date provides Congress with an opportunity to revisit that framework.
This Article seeks to contribute to the debate over the appropriate scope of internet surveillance in two ways. First, the Article explores the intricacies of the constitutional and statutory frameworks governing electronic surveillance, and particularly surveillance to acquire electronic …
Introduction: A Regulatory Regime For The Internet Age, Philip J. Weiser
Introduction: A Regulatory Regime For The Internet Age, Philip J. Weiser
Publications
No abstract provided.
The Narratives Of Cyberspace Law (Or, Learning From Casablanca), Michael J. Madison
The Narratives Of Cyberspace Law (Or, Learning From Casablanca), Michael J. Madison
Articles
Cyberspace scholars have wrestled extensively with the question of the "right" metaphorical approach to the Internet, in order to guide legal and policy decisions. Literary theorists have wrestled with the perception that cyberspace undermines conventional ideas about narrative. This Essay suggests that each group could learn from the other. Cyberspace tells a better story than literary scholars believe, and the lawyers should pay more attention to the narrative attributes of cyberspace. To illustrate the argument, the Essay proposes a specific story framework for cyberspace: the film Casablanca.
Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin
Virtual Worlds, Real Rules, Caroline Bradley, Michael Froomkin
NYLS Law Review
No abstract provided.
Virtual Worlds As Comparative Law, James Grimmelmann
Virtual Worlds As Comparative Law, James Grimmelmann
NYLS Law Review
No abstract provided.
Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy
Information Privacy In Virtual Worlds: Identifying Unique Concerns Beyond The Online And Offline Worlds, Tal Z. Zarksy
NYLS Law Review
No abstract provided.
Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine
Sound And Fury Signifying Nothing?: Jurgen Bϋssow’S Battle Against Hate-Speech On The Internet, Eric T. Eberwine
NYLS Law Review
No abstract provided.
Who Killed Miss Norway?, Tracy Spaight
The International Privacy Regime, Tim Wu
The International Privacy Regime, Tim Wu
Faculty Scholarship
Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.
First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that …
Online Surveillance: Remembering The Lessons Of The Wiretap Act, Susan Freiwald
Online Surveillance: Remembering The Lessons Of The Wiretap Act, Susan Freiwald
Susan Freiwald
This Article explores those features of electronic surveillance that have made it challenging to regulate effectively. In balancing interests, lawmakers must create a workable law for an exceedingly complex topic, rein in law enforcement agents without crippling them, and draw a line between prohibited and permitted conduct despite society's ambivalence about surveillance. This Article demonstrates that lawmakers met those challenges when they regulated traditional wiretapping, but they have failed to meet them in the online context. It argues that the law should extend the significant restrictions on wiretapping to online surveillance, just as judges did in the case of video …