Law Commons^™

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon

Federal Communications Law Journal

Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.

Freedom Of Speech On The Electronic Village Green: Applying The First Amendment Lessons Of Cable Television To The Internet, Robert Kline

Cornell Journal of Law and Public Policy

No abstract provided.

Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Restatement's Rejection Of The Misappropriation Tort: A Victory For The Public Domain, Gary Myers

South Carolina Law Review

No abstract provided.

The Quest For Enabling Metaphors For Law And Lawyering In The Information Agae, Pamela Samuelson

Michigan Law Review

A Review of James Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society and M. Ethan Katsh, Law in a Digital World

Computer Media For The Legal Profession, Eugene Volokh

Michigan Law Review

A Review of communication media.

Virtual Realities And Virtual Welters: A Note On The Commerce Clause Implications Of Regulating Cyberporn, Glenn Harlan Reynolds

Scholarly Works

This Essay draws an analogy between interstate catalog taxation cases such as Quill and National Bellas Hess, and the impact of disparate state obscenity laws on Internet porn. It suggests that the burden of complaying with disparate state obscenity standards could be, like the burden on catalog sellers of complying with disparate sales taxes and classifications, a burden on interstate commerce sufficient to trigger dormant commerce clause scrutiny. It also suggests that First Amendment doctrine should take account of similar concerns and chilling effects.

Law And The Internet: What Are The Dangers Of Putting The World At Your Fingertips?, I. Trotter Hardy

Popular Media

No abstract provided.

Panel Iii: Implications Of The New Telecommunications Legislation , David E. Bronston, Antoinette Cook Bush, J. Richard Devlin, Theodore C. Hirt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Information Redlining: A List Of Selected Readings, Timothy L. Coggins

Law Faculty Publications

In earlier essays Henry Perritt, Marvin Anderson, Gary Bass and Patrice McDermott discuss the increasing use of computers to access information through the information superhighway, the Internet and online services, the increasing reliance on electronic formats by publishers and the federal government and the continuing debate about "information redlining." They indicate that information redlining is broader than just the availability and effects of technology and enhanced online services on lower income, minority and rural communities. It also deals with what information will be available to these groups. As more and more data comes in digital form and when some information …

Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas

Richmond Journal of Law & Technology

In one way or another, the Internet has affected or will affect our lives in a profound fashion. The Internet has fundamentally changed the way society works and plays by providing an inexpensive medium to obtain information and communicate with others. The current generation of children will be educated through computer communication, rather than from the confines of a dusty library with outdated books. However, the benefits of rapid Internet development have also opened a Pandora's box of legal issues and concerns which merit careful consideration. With roots in over 160 countries, and without a centralized authority, many now consider …

Jurisdiction In Cyberspace, Henry H. Perritt Jr.

Villanova Law Review

No abstract provided.

Intellectual Property Policy Online: A Young Person’S Guide, James Boyle

Faculty Scholarship

This is an edited version of a presentation to the "Intellectual Property Online" panel at the Harvard Conference on the Internet and Society, May 28-31, 1996. The panel was a reminder of both the importance of intellectual property and the dangers of legal insularity. Of approximately 400 panel attendees, 90% were not lawyers. Accordingly, the remarks that follow are an attempt to lay out the basics of intellectual property policy in a straighforward and non-technical manner. In other words, this is what non-lawyers should know (and what a number of government lawyers seem to have forgotten) about intellectual property policy …

Last Writes? Re-Assessing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts

Articles

This article - the original version of which was published on the author’s website in February 1996, possibly making it the first scholarly article posted online by a law professor before print publication - undertakes a comprehensive re-assessment of the law review from the perspective of the present age of cyberspace. In Part I, I investigate the conditions that initially joined to generate the form, showing how the law review emerged in the late nineteenth and early twentieth centuries as the product of the fortuitous interaction of academic circumstances and improvements in publishing technology. In Part II, I trace the …

Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr

Cleveland State Law Review

There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …

Competition Policy And Intellectual Property In The Information Age, J. Beckwith Burr

Villanova Law Review

No abstract provided.

Property (And Copyright) In Cyberspace, I. Trotter Hardy

Faculty Publications

No abstract provided.

Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer

Northwestern Journal of International Law & Business

This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.

The Technological Transformation Of Copyright Law, Fred H. Cate

Articles by Maurer Faculty

Both statutory and case law clearly recognize the constitutional interest in promoting, not restricting, expression. Digital technologies, however, are rapidly changing the application of copyright law to prohibit access, protect ideas and facts, and dramatically expand the monopoly granted to copyright holders.

Whether on a disk or network, digital expression cannot be accessed without being copied into computer memory, as well as onto a hard drive, floppy disk, or magnetic tape if it is to be retained after the computer is switched off. This necessarily violates the exclusive right to reproduce that copyright law grants to copyright holders.

Moreover, to …

Law In Cyberspace, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Internet For Legal Information: The U.S. Experience, Scott Childs

Scholarly Works

No abstract provided.

International Law And The Information Age, John K. Gamble

Michigan Journal of International Law

The subject of this article is problematic because of the paucity of other work addressing the topic and its amorphous and technical nature. The author shall argue that the information age will affect almost all aspects of how international law is made and studied, everything from theory to sources to research to teaching. Rather than limiting the article to one or two aspects of the changes brought by the information age, the author offers a tour d'horizon. This risks superficiality, but is consonant with the goal of stimulating discussion about issues that are important to the future of international …

Cyberfinance: Regulating Banking On The Internet, Michael A. Fixler

Case Western Reserve Law Review

No abstract provided.