Law Commons^™

Consumers As Producers: The Personal Mainframe And The Law Of Computing, Peter P. Swire

Peter P Swire

This article explores the idea of “consumers-as-producers” as an organizing principle for understanding modern computing and cyberlaw. Leading legal commentators such as Yochai Benkler and Larry Lessig have emphasized the non-market nature of modern computing, stressing the shared actions of volunteers in blogs, wikis, and Open Source software. By recognizing the ways that ordinary individuals are also economic producers, this article describes major features of modern computing that have been minimized in these leading accounts.

Part I describes the history of home computing as an economic activity, where individuals’ home computers today are “personal mainframes,” with the processing power of …

Manipulating Andhiding Terrorist Content On The Internet: Legal And Tradecraft Issues, Jack F. Williams

Jack F. Williams

The global war on terror (“GWOT”) is being fought on many levels. In addition to traditional terror and counterterror activity, both sides are engaged in a public relations and propaganda war, employing the media, willingly and unwillingly, to support their positions. Hovering over these war campaigns are information technologies, which include the Internet. This article provides an introduction to various online content concealing practices that have been employed by those seeking to conceal or limit access to information on the Internet, including terrorist organizations. Further, there is a discussion on tracking and monitoring of website visitors. After reviewing open source …

Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz

Michael Katz

While the gains from the digital revolution are tremendous in terms of increased efficiency, access to information and searchability, the change in information format has caught some off guard. No longer is data limited to what is available on a piece of paper. Yet there is a price to pay for these gains. Where once a letter’s recipient could not see anything but what the sender openly presented in the letter, today that email, word processing document and spreadsheet all contain additional information not readily visible on their face. Beneath the surface, packed into the file, exists metadata - information …

Recycling Copyright: Survival And Growth In The Remix Age, Michael Katz

Michael Katz

Current copyright law, both as written and as applied, is stifling the development of new content, limiting the use of creative work, and prohibiting uses which are reasonable and fair given the state of current technology. Copyright law should be amended to recognize profound change in publishing and editing created by the advent and growth of digital technology, and should allow for reference to and creative reuse and recycling of all digital media. If done correctly, the original goals of copyright - to encourage and reward the development of creative works for the betterment of society - will be served …

Real Taxation Of Virtual Commerce, Steven Chung

Steven Chung

In virtual worlds, people participate in fantasy adventures or socialize in a visually immersive online environment. Popular examples include World of Warcraft, Second Life, Entropia Universe and Ultima Online. As more people are reportedly earning real money through their virtual world activities, governments are looking into whether virtual world transactions are subject to real taxes, even if the participant does not convert his virtual income into cash. However, the application of U.S. tax law has led to unclear and sometimes conflicting interpretations.

This paper instead looks into the virtual world's economic environment to determine whether in-world transactions should be taxable …

Throwing It All Away: Community, Data Privacy And The False Choices Of Web 2.0, Eli Edwards

Eli Edwards

Online privacy has long been a challenge, but the rise of Web 2.0 technologies has made it easier for more people to share personal information about themselves. There is a particular concern that young people who have grown accustomed to baring their private information in the public Internet sphere are especially vulnerable to potential harms now and in the near future. There is even a recurrent meme that posits people today, especially young people immersed in the digital culture, no longer value the right to privacy; the assumption is that between the equal values of community and privacy, Web 2.0 …

Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner

Richard Warner

Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …

Infringement & The International Reach Of U.S. Patent Law, Moin A. Yahya, Cameron Hutchison

Moin A Yahya

American Patent Law, through both judicial and legislative efforts, has evolved from a strict territorial based set of laws asserting jurisdiction only over those infringements taking place on American soil to a more expansive set of rules asserting jurisdiction over any event that may harm patent holders in the United States regardless of where the infringement is taking place. This, we argue, is contrary to the original purpose of Patent Law and inconsistent with American obligations under the International Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). We argue for a return to territorial based rules of jurisdiction. Such a …

Benefiting Society And Children Through Violent Media: As Evidenced By First Amendment Protection For Violent Video Games, Austin Nowakowski

Austin James Nowakowski

This article discusses the constitutional, psychological, and societal reasons for why the courts have never upheld any laws censoring violent video games.

Webmail At Work: The Case For Protection Against Employer Monitoring , Marc A. Sherman

Marc Adam Sherman

This paper is about privacy in the workplace. Specifically, I address the issue of employer monitoring of employee email. The law allows employers to monitor their workers’ email – even when messages contain private information. However, although the law is clear with respect to employer-provided email, it is not yet defined as to webmail. That is – this paper shows that relevant statutes and court decisions generally have not yet addressed the privacy issues that arise when an employer monitors email sent by an employee via the employee’s personal web-based email account.

After revealing this webmail gap in the law, …

Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague

Robert Sprague

No abstract provided.

In Defense Of Online Intermediary Immunity: Facilitating Communities Of Modified Exceptionalism, H. Brian Holland

H. Brian Holland

No abstract provided.

The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland

H. Brian Holland

No abstract provided.

Tempest In A Teapot Or Tidal Wave? Cybersquatting Remedies Run Amok, H. Brian Holland

H. Brian Holland

No abstract provided.

Legalidade Do Uso E Distribuição De Software Livre Pela Administração Pública, Ivo T. Gico

Ivo Teixeira Gico Jr.

No abstract provided.

Rights Of Access And The Shape Of The Internet , Michael J. Madison

Michael J. Madison

This Article reviews recent developments in the law of "access" to "information," that is, cases involving click-through agreements, the doctrine of trespass to chattels, the anti-circumvention provisions of the Digital Millennium Copyright Act, and civil claims under the Computer Fraud and Abuse Act. Though the objects of these different doctrines substantially overlap, the different doctrines yield different presumptions regarding the respective rights of information owners and information consumers. The Article reviews those presumptions in light of different metaphorical premises on which courts rely: Internet-as-place, in the trespass, DMCA, and CFAA contexts, and contract-as-assent, in the click-through context. It argues that …

O Princípio Da Eficiência E O Software Livre, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo visa a incitar o debate acerca da adoção do software livre pela Administração Pública em respeito ao princípio da efetividade, inscrito no art. 37 da Constituição Federal.

This article goal is to encourage discussion about the adoption of free software by the government regarding the principle of effectiveness included in Art. 37 of the Federal Constitution.

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy (With L. Helfer), Graeme B. Dinwoodie

Graeme B. Dinwoodie

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by …

O Documento Eletrônico Como Meio De Prova No Brasil, Ivo T. Gico

Ivo Teixeira Gico Jr.

Discute-se, no presente artigo, a validade do documento eletrônico como meio hábil de prova, a necessidade de inovação no ordenamento jurídico, bem como o livre convencimento do magistrado. It is discussed in this paper, the validity of the electronic document as valid evidence, analyzing, among other things, the issue of the necessity of a physical media for the document and the judge's liberty to decide.

A Assinatura Eletrônica, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo visa a analisar a validade probante do documento assinado eletrônicamente, bem como a necessidade de sua regulamentação por meio de Lei de maneira a se igualar o ordenamento pátrio aos de países como a Argentina, os Estados Unidos, a Bélgica, entre outros. Para tanto, discorre sobre conceitos como a criptografia, a assinatura eletrônica e a assinatura digital.

This article goal is to examine the probative validity of an electronically signed document as well the need for its regulation in order to match other countries such as Argentina, the United States, Belgium, among others. For this, it deals …

O Arquivo Eletrônico Como Meio De Prova, Ivo T. Gico

Ivo Teixeira Gico Jr.

Discute-se, no presente artigo, a validade do documento eletrônico como meio hábil de prova, analisando-se, entre outros elementos, a questão do suporte físico para o documento, bem como o livre convencimento do magistrado.

It is discussed in this paper, the validity of the electronic document as valid evidence, analyzing, among other things, the issue of the necessity of a physical media for the document and the judge's liberty to decide.

False Alarm? (With Margaret G. Stewart), Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.