Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Xiaoning V. Yahoo! Inc.'S Invocation Of The Alien Tort Statute: An Important Issue But An Improper Vehicle, Denae Thomas
Xiaoning V. Yahoo! Inc.'S Invocation Of The Alien Tort Statute: An Important Issue But An Improper Vehicle, Denae Thomas
Vanderbilt Journal of Entertainment & Technology Law
U.S.-based Internet service providers (ISPs) are faced with a dilemma when operating in countries with restrictive Internet speech laws: should they comply with these governments' demands for personally identifying information of Internet dissidents or respect their own country's dedication to free speech and refuse to comply? On behalf of Chinese dissidents who were imprisoned for violating Chinese speech laws, human rights advocates have invoked the Alien Tort Statute (ATS) in an attempt to hold ISPs accountable for their acquiescence with the Chinese government's demands. This Note examines one such case, Xiaoning v. Yahoo! Inc., and ultimately concludes that, while the …
Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku
Vanderbilt Journal of Entertainment & Technology Law
This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …