Law Commons^™

The Open Internet: A Victory For Everyone, Jodi Benassi

Jodi Benassi

No abstract provided.

The Illegal Process: Basic Problems In The Making And Application Of Censorship, James Grimmelmann

James Grimmelmann

This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet materia." Bambauer's theory is process-oriented: it focuses on the institutions that engage in censorship and the procedures that they follow. Accordingly, the essay examines his arguments through the lens of the canonical Legal Process text: Hart and Sacks' The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it.

Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.

The Development And Practice Of Law In The Age Of The Internet, Nabil R. Adam, Mark H. Hellmann, Peter Martin, James B. Altman, Ethan Katsh, Cantwell F. Muckenfuss, Clifford L. Brody, Eleanor Kerlow, Daniel Nyhart, Thomas R. Bruce, Jon E. Klemens, Ira H. Parker, Mary J. Culnan, John M. Kuttler, Ronald Plesser, Robert Gellman, Ronald D. Lee, Randy V. Sabett, Claudio Grossman, Rosemary Shiels

Claudio M. Grossman

No abstract provided.

'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik

Warren Bartholomew CHIK

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and …

Digital Originality, Edward Lee

Edward Lee

This Article examines the doctrine of originality in U.S. copyright law and proposes a reconfigured, three-part test that can better analyze issues of first impression involving works created with new digital technologies. The proposed test, encapsulated by the concept of digital originality, provides much needed guidance to courts to address the increasing complexities of digital creations in the twenty-first century.

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

James Grimmelmann

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …

The Internet At 20: Evolution Of A Constitution For Cyberspace (Forthcoming), Henry H. Perritt Jr.

Henry H. Perritt, Jr.

This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.

Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee

Edward Lee

This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.

Davidson & Associates, Inc. V. Internet Gateway, Inc. ("Bnetd"), Eighth Circuit, Brief Of Amici Curiae Consumers Union And Public Knowledge In Support Of Internet Gateway, Inc., Tim Jung, Ross Combs And Rob Crittenden, Laura Quilter, Jennifer Urban, Deirdre Mulligan

Jennifer M. Urban

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Peter Jaszi

Mgm V. Grokster, Brief Amici Curiae Of 40 Intellectual Property And Technology Law Professors Supporting Affirmance By The Ninth Circuit Of The Lower Court, Laura Quilter, Jennifer Urban, Pam Samuelson, Deirdre Mulligan

Jennifer M. Urban

Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Policing International Peace And Security: International Police Forces, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu

Joseph P. Liu

The Internet Is Changing International Law, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Jurisdiction In Cyberspace, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Mapping The Information Superhighway, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.