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Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman
Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman
Seattle University Law Review
This Comment will first survey the law of cybersmear, illustrating the paradigmatic issues and legal theories employed. Then, it will discuss the free speech issues and theoretical bases argued in court and legal journals, paying special attention to the shortcomings in current protection of defendant anonymity. Next, it will examine the value of online anonymity and the protections that the Strategic Lawsuit Against Public Participation (SLAPP) theory offers. Finally, given the breakdown in the public and private space dichotomy, this Comment will argue for a new understanding of the SLAPP constitutional protections in cyberspace. This understanding will recognize the powerful …
The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys
The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys
Seattle University Law Review
This Note focuses on the application of the Digital Millenium Copyright Act (DMCA) to prohibit the posting and linking of "circumvention technology" on the Internet, while also addressing the larger issue of the unintended consequences that regulating cyberspace can have on free expression. Because hypertext links play such a fundamental role in the utility of the Internet, this Note argues that the application of the DMCA's anti-trafficking provisions to enjoin linking places a significant and unwarranted burden on the Internet as a forum for free expression. Section II is intended to provide a brief background of the technological and legal …