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Series

SSRN

Columbia Law School

2004

Internet Law

Articles 1 - 3 of 3

Full-Text Articles in Law

The International Privacy Regime, Tim Wu Jan 2004

The International Privacy Regime, Tim Wu

Faculty Scholarship

Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.

First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that ...


The Broadband Debate: A User's Guide, Tim Wu Jan 2004

The Broadband Debate: A User's Guide, Tim Wu

Faculty Scholarship

What follows is a basic guide to the policy divisions in the broadband debate that have emerged and some suggested areas of reconciliation. For simplicity sake I divide the argument to a debate between the openists and the deregulationists.

The summary is critical. I fault the openists for being too prone to favor regulation without making clear the connection between ends and means. For example, too few openists have asked the degree to which the structural open access remedies pushed by independent service providers actually promote the openists' vision. Meanwhile, I fault the deregulationists two reasons. First, the deregulationists have ...


The (New?) Right Of Making Available To The Public, Jane C. Ginsburg Jan 2004

The (New?) Right Of Making Available To The Public, Jane C. Ginsburg

Faculty Scholarship

The Berne Convention 1971 Paris Act covered the right of communication to the public incompletely and imperfectly through a tangle of occasionally redundant or self-contradictory provisions on "public performance," "communication to the public," "public communication," "broadcasting," and other forms of transmission. Worse, the scope of rights depended on the nature of the work, with musical and dramatic works receiving the broadest protection, and images the least; literary works, especially those adapted into cinematographic works, lying somewhere in between. The 1996 WIPO Copyright Treaty rationalized and synthesized protection by establishing full coverage of the communication right for all protected works of ...