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Full-Text Articles in Law
Privacy And Democracy In Cyberspace, Paul M. Schwartz
Privacy And Democracy In Cyberspace, Paul M. Schwartz
Vanderbilt Law Review
In this Article, Professor Schwartz depicts the widespread, silent collection of personal information in cyberspace. At present, it is impossible to know the fate of the personal data that one generates online. Professor Schwartz argues that this state of affairs degrades the health of a deliberative democracy; it cloaks in dark uncertainty the transmutation of Internet activity into personal information that will follow one into other areas and discourage civic participation. This situation also will have a negative impact on individual self- determination by deterring individuals from engaging in the necessary thinking out loud and deliberation with others upon which …
State Regulatory Jurisdiction And The Internet: Letting The Dormant Commerce Clause Lie, James E. Gaylord
State Regulatory Jurisdiction And The Internet: Letting The Dormant Commerce Clause Lie, James E. Gaylord
Vanderbilt Law Review
Cyberspace seems to pose a dual threat to "Our Federalism." Only one aspect of this threat, however, has captured the scholarly imagination. Commentators have devoted a great deal of attention to the problems of horizontal federalism raised by the new technology. Cyberspace, they point out, is a profoundly integrative social and economic force. As a result, local legislation touching on cyberspace is likely to produce effects beyond local borders. State laws like a recently deceased Georgia statute that arguably would have prohibited all Internet users from "falsely identifying" themselves on- lines convince observers that the information superhighway is a dangerous …
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: Just throw works up on the Internet, and let anyone get to them for any purposes. But such systems have been suggested and roundly rejected by those who create and own works of value. So we need to build an electronic infrastructure that works with copyright and takes advantage of the digital environment. This paper looks at the attempts to build part of that infrastructure — …