Law Commons^™

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton

All Faculty Scholarship

This essay is a personal inquiry into the nature of media technology, law, and ethics in an era marked by the convergence of media that have been largely separate-print, broadcast, cable, satellite, and the Internet-and by the consolidation of ownership in all of these media. What inventions, practices, and norms must emerge to enable us to take advantage of this vast new information-based world, while preserving such important professional values as diversity, objectivity, reliability, and independence?

The right to know belongs not only to individuals, but to the public at large, it can (or, perhaps, must) be vindicated by government …

Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills

UF Law Faculty Publications

Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …

Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein

Scholarly Works

Elsewhere on these pages, the distinguished economist Charles McLure begins his contribution to the debate over taxation of electronic commerce by observing that “America is focusing on the wrong issues in debating the taxation of electronic commerce ....” He proceeds to provide a fundamental critique of the states' existing sales tax regimes and he lays out a roadmap for radical reform of the system that would, in the course of curing the basic defects in the existing state sales tax structure, incidentally resolve many of the issues that currently dominate the debate over taxing electronic commerce. I do not disagree …

Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik

Faculty Publications

With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …

At The Intersection Of Visible And Invisable Worlds: United States Privacy Law And The Internet, Dorothy J. Glancy

Faculty Publications

The purpose of this essay is to consider some characteristics ofUnited States privacy law that contribute to the obscurity of many intersections between the Internet and privacy law. This discussion is not an exhaustive catalogue of all of the ways in which United States privacy law may apply to Internet activities. Nor is it intended to be
an evaluation of the effectiveness of this privacy law. Rather, the point here is to explore why the application of privacy law to the Internet is a matter of considerable complexity and some uncertainty.
The focus is on certain characteristics of privacy law …

Book Review: Lawrence Lessig, Code And Other Laws Of Cyberspace, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Economic And Other Barriers To Electronic Commerce, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky

UF Law Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …

The Internet And Public International Law, John M. Rogers

Law Faculty Scholarly Articles

It is perhaps commonplace to observe that recent developments in information technology are revolutionizing most aspects of our lives. Anything that affects our lives so profoundly will, of necessity, have a significant effect on the law. We can expect that the information revolution will have a comparably significant impact on the international system of binding obligations often called public international law. Just what that will be is of course extremely difficult to predict. Compounding that difficulty is the lack of consensus on just what actually amounts to the public international legal system. Scholars and lawyers still debate fundamental questions regarding …

The Establishment Of A U.S. Federal Data Protection Agency To Define And Regulate Internet Privacy And Its Impact On U.S.-China Relations: Marco Polo Where Are You?, Omar Saleem

Journal Publications

Marco Polo's desire to explore new worlds and exchange both ideas and goods should be the impetus behind the Internet. The Internet is the global economic network of the new millennium. This Article first discusses the factors that have caused both the reevaluation of Western notions of privacy, and consideration of the establishment of a Federal Data Protections Agency. Next, the article discusses the EU's approach to regulating Internet privacy. This section is followed by a discussion of why the U.S. and EU approaches to Internet privacy regulation must be implemented from a global, or MarcoPolo-like perspective. The article then …

Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil

LLM Theses and Essays

This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …

Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee

Faculty Publications

The Internet has spawned new business practices regarding the ways users access and obtain information and services. Because linking can create a network of web pages that appear integrated and seamless to users, many Internet companies enter what are known as co-branding relationships. This article addresses a common type of co-branding relationship in which a "provider" maintains a set of pages ("the co-branded site") that looks and feels like the "brander's" web site. The co-branded site is promoted on the brander's web site through linking.

Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman

Faculty Publications

Co-brand agreements are what I do. I am the self-titled "King of CoBrands," as this is what I've been doing with my life.

So, let's talk a little about co-branding agreements and about why they might matter. First let's define our terms.

Now, where there used to be one site, the provider site, there will be two sites, the provider site and co-branded site, which contains the branding of the portal, but contains all the same functionality, or similar functionality, as is in the provider's site.

Then the portal will drive traffic to this co-branding site, for purposes that we'll …

Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn

Articles

The sudden emergence of the Internet as a global network threatens to eclipse the importance of the global information infrastructure painstakingly built by financial institutions and their regulators over the past three decades. The open public nature of the Internet threatens the value of the closed proprietary networks developed by financial institutions that now face serious problems in integrating their legacy systems and new Internet systems.

Information system security, once a dreary back office matter, is now central to the success of e-commerce business plans. Before financial institutions can capitalize on their expertise in information system security, they will have …

Resolving Tensions Between Copyright And The Internet, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Articles

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers …

The Marketplace Of Ideas In Cyberspace, Margaret Chon

Faculty Articles

In the Panel Discussion on The Marketplace Of Ideas In Cyberspace at the 1999-2000 Oliver Wendell Holmes Symposium And Lectureship At Mercer University, Professor Margaret Chon discusses censorship and hate speech on the internet. Professor Chon questions the exporting of our First Amendment jurisprudence in this particular area, since we are the only democratic country to speak of, that protects what we've been referring to as hate speech.

Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …

Complexity And Copyright In Contradiction, Michael J. Madison

Articles

The title of the article is a deliberate play on architect Robert Venturi's classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical 'architectures' of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the 'simplicity' of digital engineering is undermining desirable 'complexity' in legal and physical structures that regulate expressive works.

Paradigm Changes In Telecommunications Regulation, Phil Weiser

Publications

No abstract provided.

Liability Issues Facing Online Businesses, David E. Shipley

Scholarly Works

Online businesses are confronted by a wide variety of liability issues covering almost the full range of the standard law school curriculum. The liability problems that face a small business in Vidalia, Georgia, which is selling Vidalia onion products at specialty stores, through print advertising, and by mail, do not go away when the business starts marketing through a Web site. In fact, there might be more exposure doing business online, and there are variations depending upon the nature of the business in question. For example, as discussed below, an Internet Service Provider ("ISP") like America Online has worries that …

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Electronic Records And Signatures Under The Federal E-Sign Legislation And The Ueta, Robert A. Wittie, Jane K. Winn

Articles

Federal legislation establishing legal parity between electronic records and signatures and their paper and ink counterparts was signed into law June 30, 2000, and became effective, at least for most purposes, on October 1. The Electronic Signatures in Global and National Commerce Act (E-SIGN or the Act) effectively sweeps away a myriad of anachronistic and inconsistent state and federal requirements for paper and ink documents and signatures. In so doing, E-SIGN eliminates many of the legal uncertainties that have surrounded the use of electronic media in commerce and should enable businesses and consumers alike to more fully realize the cost …

State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein

Scholarly Works

Over the past few years, an enormous amount of attention has been devoted to the problems raised by state taxation of electronic commerce, possible solutions to those problems, and, more recently, the question of whether there is a ‘problem‘ at all. We have both been, and continue to be, deeply involved in the debate over these issues -- a debate that has sometimes generated more heat than light. We view this forum as furnishing us an opportunity to take a step back from the fray and to offer our views not only on the critical issues that are dominating the …