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Articles 1 - 9 of 9
Full-Text Articles in Law
Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller
Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller
Federal Communications Law Journal
Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.
Protecting The Digital Consumer: The Limits Of Cyberspace Utopianism, John Rothchild
Protecting The Digital Consumer: The Limits Of Cyberspace Utopianism, John Rothchild
Indiana Law Journal
No abstract provided.
False Alarm?, Henry H. Perritt, Jr., Margaret G. Stewart
False Alarm?, Henry H. Perritt, Jr., Margaret G. Stewart
Federal Communications Law Journal
No abstract provided.
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
Federal Communications Law Journal
The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …
Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu
Legitimacy And Authority In Internet Coordination: A Domain Name Case Study, Joseph P. Liu
Indiana Law Journal
No abstract provided.
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
Federal Communications Law Journal
This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …
Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole
Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole
Federal Communications Law Journal
As the Internet continues to expand into the top global medium for commerce, education, and communication, individuals and businesses are racing to claim their own unique Internet address or domain name. Unlike the three-dimensional world, where many entities may share the same name, on the Internet each domain name must be unique. As a result of this uniqueness requirement, a variety of disputes and trademark issues have arisen as individuals and entities compete for lucrative domain names on the Internet market. These disputes have led to the submission of two proposals for the overhaul of the current domain name system. …
Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak
Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak
Federal Communications Law Journal
While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …
To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan
To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan
Federal Communications Law Journal
Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.