Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Internet

Discipline
Institution
Publication
Publication Type
File Type

Articles 1 - 30 of 59

Full-Text Articles in Law

Purveyors Of Hate On The Internet: Are We Ready For Hate Spam?, Elizabeth Phillips Marsh Dec 2000

Purveyors Of Hate On The Internet: Are We Ready For Hate Spam?, Elizabeth Phillips Marsh

Georgia State University Law Review

No abstract provided.


Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund Dec 2000

Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Entrepreneurs And Regulators: Internet Technology, Agency Estoppel, And The Balance Of Trust, James T. O'Reilly Oct 2000

Entrepreneurs And Regulators: Internet Technology, Agency Estoppel, And The Balance Of Trust, James T. O'Reilly

Cornell Journal of Law and Public Policy

No abstract provided.


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton Oct 2000

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 ...


A Nondelegation Doctrine For The Digital Age?, James Boyle Oct 2000

A Nondelegation Doctrine For The Digital Age?, James Boyle

Duke Law Journal

No abstract provided.


The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard Sep 2000

The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard

Washington and Lee Law Review

No abstract provided.


Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites In The Evolving Internet , Xuan-Thao N. Nguyen Aug 2000

Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites In The Evolving Internet , Xuan-Thao N. Nguyen

American University Law Review

No abstract provided.


Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik Jul 2000

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 banner ad ...


Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel C. Farber Jun 2000

Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel C. Farber

Georgia State University Law Review

No abstract provided.


The Internet Gambling Prohibition Act Of 1999: Congress Stacks The Deck Against Online Wagering But Deals In Traditional Gaming Industry High Rollers, Tom Lundin Jun 2000

The Internet Gambling Prohibition Act Of 1999: Congress Stacks The Deck Against Online Wagering But Deals In Traditional Gaming Industry High Rollers, Tom Lundin

Georgia State University Law Review

No abstract provided.


Consumers Surfing For Sales In Cyberspace: What Constitutes Acceptance And What Legal Terms And Conditions Bind The Consumer?, Mark E. Budnitz Jun 2000

Consumers Surfing For Sales In Cyberspace: What Constitutes Acceptance And What Legal Terms And Conditions Bind The Consumer?, Mark E. Budnitz

Georgia State University Law Review

No abstract provided.


Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok Jun 2000

Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok

Michigan Technology Law Review

This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of ...


Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz Jun 2000

Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz

Michigan Technology Law Review

How much should an investor pay for one share of stock in Yahoo? Or a share of stock in America Online? As publicly traded companies, one need only consult the stock charts in any local newspaper to determine the value the market has placed on these shares. Despite what many Internet sector analysts have professed to be astronomically high valuations, these publicly traded companies possess easily verifiable valuations determined by the free market forces that constitute the building blocks of our economy, and safeguarded by the oversight of federal regulators such as the Securities & Exchange Commission ("SEC"). But what about ...


Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert Jun 2000

Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert

Michigan Technology Law Review

Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be ...


Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler Jun 2000

Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler

Michigan Technology Law Review

Though the rapid development of the Internet has created a fertile ground for legal innovation, more often than not legislators and courts have sought to address this relatively new medium by attempting to squeeze it into precedents and paradigms better suited to older forms of communication, technology, and media. Part I of this article looks back at the courts' initial efforts at addressing defamation via the Internet. From the start the courts attempted to fit the role of the ISP into the common law's categorizing of print media as either "publishers" or "distributors" of information. One court's misstep ...


Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum Jun 2000

Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum

Michigan Technology Law Review

The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases ...


The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das May 2000

The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das

Federal Communications Law Journal

This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which ...


Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow Apr 2000

Our Data, Ourselves: Privacy, Propertization, And Gender , Ann Bartow

Ann Bartow

This Article starts by providing an overview of the types of personal data that is collected via the Internet, and the ways in which this information is used. The author asserts that because women are more likely to shop and share information in cyberspace, the impact of commodification of personal data disproportionately impacts females, enabling them to be "targeted" by marketing campaigns, and stripping them of personal privacy. The author then surveys the legal terrain of personal information privacy, and concludes that it is unlikely that the government will step in to provide consumers with substantive privacy rights or protections ...


The Wild Wild Web: Non-Regulation As The Answer To The Regulatory Question, Shamoil Shipchandler Apr 2000

The Wild Wild Web: Non-Regulation As The Answer To The Regulatory Question, Shamoil Shipchandler

Cornell International Law Journal

No abstract provided.


Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh Apr 2000

Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh

Law and Contemporary Problems

Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.


The First Amendment And Cyberspace: The Clinton Years, James Boyle Apr 2000

The First Amendment And Cyberspace: The Clinton Years, James Boyle

Law and Contemporary Problems

Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.


Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel Mar 2000

Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel

Federal Communications Law Journal

Studies indicate that nearly two-thirds of children use the Internet. Children online users have created unique concerns for Internet providers and lawmakers. The collection, storage, and sale of a child online user's personal information without the child or parent's knowledge or consent has elicited much concern. Such a practice is commonplace in the world of the Internet. Congress, through the Child Online Privacy Protection Act, and the Internet industry have addressed how to curb this practice. In addition to these efforts, technological tools are currently available that block the transfer of personally identifiable information from the user to ...


The Death Of Cyberspace, Lawrence Lessig Mar 2000

The Death Of Cyberspace, Lawrence Lessig

Washington and Lee Law Review

No abstract provided.


The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards Mar 2000

The Internet And Decisional Institutions The Structural Advantages Of Online Common Law Regulation, Thomas K. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan Mar 2000

Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher Mar 2000

Open Source Software The Success Of An Alternative Intellectual Property Incentive Paradigm, Marcus Maher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky Feb 2000

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 ...


Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky Feb 2000

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

Duke Law Journal

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 ...


Media Law & Ethics Enter The 21st Century, Introduction To Symposium, Richard J. Peltz-Steele Jan 2000

Media Law & Ethics Enter The 21st Century, Introduction To Symposium, Richard J. Peltz-Steele

Faculty Publications

We stand now on the verge of the twenty-first century: an artificial construct yes, but a culturally significant time nonetheless. We are the world the Hutchins Commission foresaw: the world of nations seeking understanding, seeking destiny. We will not predict the future with perfect accuracy, though we will try, because that is out nature. In our effort, we must be mindful that the questions we are asking are not new; they have been asked before and will be asked again. But let us see what we have to say about them today.


Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky Jan 2000

Silencing John Doe: Defamation And Discourse In Cyberspace, Lyrissa Lidsky

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 ...