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1997

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Internet Law

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Articles 1 - 30 of 76

Full-Text Articles in Law

The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver Dec 1997

The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver

Federal Communications Law Journal

Prior to the passage of the 1996 Telecommunications Act, policymakers sought funding and regulatory mechanisms capable of fulfilling the vision of an Information Superhighway. Vice President Gore, the Clinton Administration's point person on the issue, initially proposed assessing fees on other sectors of the telecommunications industry to fund construction. Meanwhile, conservatives asserted that deregulation of the industry would achieve the desired result. A compromise ultimately was reached: the 1996 Act requires local exchange carriers to unbundle their networks and provide access at a reasonable cost to competitors. The use of regulatory formulas in lieu of taxes to subsidize a national …


International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller Dec 1997

International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller

Federal Communications Law Journal

The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …


Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin Oct 1997

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin

Buffalo Law Review

No abstract provided.


Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona Oct 1997

Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona

Buffalo Law Review

No abstract provided.


Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques Aug 1997

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.


The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug May 1997

The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug

Penn State International Law Review

No abstract provided.


Why Regulate Cybermoney? , David G. Oedel Apr 1997

Why Regulate Cybermoney? , David G. Oedel

American University Law Review

No abstract provided.


Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz Apr 1997

Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz

American University Law Review

No abstract provided.


Linking Copyright To Homepages, Matt Jackson Apr 1997

Linking Copyright To Homepages, Matt Jackson

Federal Communications Law Journal

The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …


Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer Apr 1997

Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer

Indiana Law Journal

No abstract provided.


Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross Apr 1997

Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross

American University Law Review

No abstract provided.


How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt Apr 1997

How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt

American University Law Review

No abstract provided.


How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas Apr 1997

How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas

American University Law Review

No abstract provided.


How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson Apr 1997

How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson

American University Law Review

No abstract provided.


1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field Apr 1997

1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field

American University Law Review

No abstract provided.


The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean Mar 1997

The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean

Brigham Young University Journal of Public Law

No abstract provided.


Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir Mar 1997

Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir

Washington International Law Journal

The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …


Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone Feb 1997

Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone

Federal Communications Law Journal

Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.


Letter From The Editor, Eric R. Link Jan 1997

Letter From The Editor, Eric R. Link

Richmond Journal of Law & Technology

One of my first responsibilities as the Journal's 1996-97 editor in chief was to ask Professor John Paul Jones to serve as our faculty advisor. I made this request over dinner one evening late in the summer of 1996, and while he declined to commit (we eventually reached an agreement), he did make a very interesting observation. Being only the second editorial board in the Journal's brief history, Prof. Jones said it appeared as though I and the rest of the board were being asked to clean up after the revolution. He and I both found his comment amusing, since …


State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton Jan 1997

State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton

Richmond Journal of Law & Technology

With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …


Expanding The Doctrines Of Vicarious And Contributory Copyright Infringement: Fonovisa, Inc. V. Cherry Auction, Inc. Targets The Primary Distribution Channels For Counterfeit Merchandise, Angela R. Dean Jan 1997

Expanding The Doctrines Of Vicarious And Contributory Copyright Infringement: Fonovisa, Inc. V. Cherry Auction, Inc. Targets The Primary Distribution Channels For Counterfeit Merchandise, Angela R. Dean

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow Jan 1997

Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major Jan 1997

Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major

UIC John Marshall Journal of Information Technology & Privacy Law

The author argues that the Internet must be regulated in order to ensure stability to the Internet community and viability as a communications medium. She offers two proposals: (1) the "secondary effect" of the Internet destroying its own legitimacy satisfies a substantial governmental need for zoning regulation as set forth in several cases; and (2) the most effective way to implement such zoning regulation is to reinforce accepted Internet standards, specifically the domain naming system. The author explains the difficulty in comparing the Internet to other media. Then the she explains the domain name system, e.g., the domain hierarchies, and …


Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger Jan 1997

Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger

UIC John Marshall Journal of Information Technology & Privacy Law

Universal Service was originally set-up to provide everyone with telephone service -- regardless of their ability to pay. Telephone service is considered vital to health, public safety, governmental involvement, ability to obtain jobs, and to the building of community. Universal Service was paid for through cross-subsidies: businesses were charged more; all customers, regardless of locale were charged the same rate; long distance rates were artificially high and local calls were priced artificially low; phone costs were kept to a nationwide average. In 1982, the divestment of what had been a monopoly, Bell Telephone, was final. In order to continue support …


Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher Jan 1997

Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher

UIC John Marshall Journal of Information Technology & Privacy Law

The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …


The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman Jan 1997

The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addresses the problem of computer hackers, breaking into the computer systems of businesses, and the third party injuries that are ultimately caused by such acts. This is a multimillion dollar problem for the business community. The article discusses the current methods companies use to protect against hackers, and then the author makes some suggestions for protection that include the latest technology available. However, the paper's main focus is on ways to put pressure on businesses to ensure that its computers are protected against hackers to avoid third party injuries. The author looks to tort law to do just …


Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo Jan 1997

Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the proliferation of on-line commercialism on the Internet and the various problems related to the increase of commercialism. Spamming, which is defined as the distribution of large amounts of unsolicited information, has been the major form of commercialism and arguably the most problematic. The article emphasizes the attempts to reduce the problem of on-line commercialism through preventative measures, such as self-governance on the Internet. While the author states that self-governance may be a solution to the problem of excessive commercialism, he also states that self-governance may give rise to problems, such as intervention by the federal government …


Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb Jan 1997

Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb

UIC John Marshall Journal of Information Technology & Privacy Law

The Second Circuit Court of Appeals recently handed down a decision which can be seen as a victory for supporters of free dissemination on the Internet. At issue was whether dissemination of real-time sports data infringed the NBA's copyright of broadcast material, and if not whether the use of NBA game statistics was a misappropriation of the NBA's property. In 1994, Motorola teamed up with STATS (Sports Team Analysis and Tracking Systems of Missouri, Inc.) to provide real-time updates of professional sports scores and information to subscribers of pagers as well as on-line services. STATS also provides sports information to …


Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen Jan 1997

Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen

UIC John Marshall Journal of Information Technology & Privacy Law

The purpose of this article is to share information about "outstanding legal issues" that Taiwan has experienced in its use of the Internet. It does through five topics. First, the issue of contracts is addressed using the present laws in Taiwan. Contracts are based on an "offer" by one party and "acceptance" of a second party. Digital products displayed on the Internet are said to constitute an offer when it bears a price, but a legal question arises out of how to constitute acceptance. Taiwan law looks to the law of the country where the offer was made to govern …


Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly Jan 1997

Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly

UIC John Marshall Journal of Information Technology & Privacy Law

Courts often succumb to the temptation to analogize new electronic media to present technologies since the courts can rely upon already existing models. However, the arrival of cyberspace and the World Wide Web has stretched the concept of linking legal precedents to actions to the breaking point. Any attempt to map existing legal metaphors, based on mechanical similarities, onto territory as unknown and changeable as cyberspace is difficult. Instead, it may be more productive to view the World Wide Web as an organic entity or model similar to that of a developing community. The shift from print to electronic information …