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Articles 1 - 20 of 20
Full-Text Articles in Law
Section 230 As Civil Rights Statute, Enrique Armijo
Section 230 As Civil Rights Statute, Enrique Armijo
University of Cincinnati Law Review
Many of our most pressing discussions about justice, progress, and civil rights have moved online. Activists advocating for social change no longer need to be in the same physical space to connect with others who share their challenges and aspirations. But the convergence of mobility, connectivity, and technology is not the only reason why. Thanks to Section 230 of the Communications Decency Act’s (“Section 230”) immunity for online platforms, websites, and their hosts, speakers can engage in speech about protest, equality, and dissent without fear of collateral censorship from governments, authorities, and others in power who hope to silence them. …
All The Internet's A Stage: Reform Of The Digital Millennium Copyright Act And Broadway's Bootleg Problem, Emma K. Wimberly
All The Internet's A Stage: Reform Of The Digital Millennium Copyright Act And Broadway's Bootleg Problem, Emma K. Wimberly
Georgia Law Review
Broadway is the cultural epicenter of theatre arts. While Broadway performances are internationally known and hugely profitable, they remain inaccessible to a significant number of fans. The inability to bear the increasing costs of travel, lodging, and tickets leads many fans to turn to bootlegs. Bootlegs are illegal recordings of live performances. They are widely viewed and shared online, and uploaders purposefully work to obscure the illegality of these recordings, allowing them to evade tools designed to combat copyright infringement.
The Digital Millennium Copyright Act (DMCA), enacted in 1998, amended U.S. copyright law to attempt to prevent digital copyright infringement. …
All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous
All The News That’S Fit To Be Identified: Facilitating Access To High-Quality News Through Internet Platforms, Sonja R. West, Jonathan Peters, Lefteris Jason Anastasopolous
Scholarly Works
Roughly half of Americans get some of their news from social media, and nearly two-thirds get some of their news from search engines. As our modern information gatekeepers, these internet companies bear a special responsibility to consider the impact of their platform and site policies on users’ access to high-quality news sources. They should adopt policies that clear the digital pathway between the public and press by facilitating such access. To that end, the companies must first, address the threshold issue of how best to identify high-quality news sources. This article examines factors that would be useful, drawing from legal …
Cyber Borders: Exercising State Sovereignty Online, Beth Simmons, Rachel Hulvey
Cyber Borders: Exercising State Sovereignty Online, Beth Simmons, Rachel Hulvey
All Faculty Scholarship
The internet brings challenges that threaten national identities and the foundations of what it means to be a state. Well-known challenges include difficulties maintaining important national values, competition threatening local economic plans, and even the inability to maintain a meaningful informational environment for self-governance. These influences are plausibly understood as challenges to some of the basic functions of a sovereign state. Despite these challenges, we identify the social practice of establishing control over mercurial mediums. States have responded by erecting cyberborders with a collection of laws, practices, and internet architecture designed to filter digital information within the territorial jurisdiction of …
Constitutional Law—The Current System For Abolishing Child Pornography Online Is Ineffective: The Alternative Measure For Eradicating Online Predators, Virginia Kendall
Constitutional Law—The Current System For Abolishing Child Pornography Online Is Ineffective: The Alternative Measure For Eradicating Online Predators, Virginia Kendall
University of Arkansas at Little Rock Law Review
No abstract provided.
Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta
Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta
Marquette Law Review
None.
The Five Internet Rights, Nicholas J. Nugent
The Five Internet Rights, Nicholas J. Nugent
Washington Law Review
Since the dawn of the commercial internet, content moderation has operated under an implicit social contract that website operators could accept or reject users and content as they saw fit, but users in turn could self-publish their views on their own websites if no one else would have them. However, as online service providers and activists have become ever more innovative and aggressive in their efforts to deplatform controversial speakers, content moderation has progressively moved down into the core infrastructure of the internet, targeting critical resources, such as networks, domain names, and IP addresses, on which all websites depend. These …
From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair
From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair
Journal of Intellectual Property Law
In 1996, Congress passed the Communications Decency Act, a body of legislation aimed at regulating a nascent internet. Section 230 of the Act has become a subject of contention on both sides of the political aisle due to an immunity provision in the law barring private actions against online service providers for the conduct of those services’ users. Few lawsuits against online entities have survived this immunity provision. But two successful cases, Lemmon v. Snap, Inc. and A.M. v. Omegle.com, LLC, have used a products liability theory to overcome the limitation.
This Note examines Section 230 in light of these …
Comment: Copyright Registration: Fourth Estate Implications For Photographers In The Modern World, Izabella Kanoza
Comment: Copyright Registration: Fourth Estate Implications For Photographers In The Modern World, Izabella Kanoza
Northern Illinois University Law Review
In 2019, the Supreme Court has settled a long-standing split issue among the Circuit Courts. The issue revolved around the interpretation of the word “registration” with the Copyright Office in order for a copyright owner to be able to initiate a copyright infringement lawsuit. However, the now settled precedent has presented challenges to the ever-evolving internet world and those who use it to create, advertise, and share their digital content. Digital photographers, specifically, have found this registration requirement inefficient when it comes to sharing their work on social media platforms, such as Instagram or Facebook, where copyright infringement in the …
Platform Accountability: Gonzalez And Reform, Eric Schnapper
Platform Accountability: Gonzalez And Reform, Eric Schnapper
Presentations
Section 230(c)(1) was adopted for the purpose of distinguishing between conduct of third parties and conduct of internet companies themselves. Its familiar language provides that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The last four words are central to the limitation on the defense created by the statute; it is only regarding information created by “another” that the defense may be available. Section 230(e)(3) makes clear that even a partial role played by an internet company in the creation of harmful …
The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page
The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page
University of Miami Law Review
The United States Department of Justice (“DOJ”) and three overlapping groups of states have filed federal antitrust cases alleging Google has monopolized internet search, search advertising, internet advertising technologies, and app distribution on Android phones. In this Article, we focus on the DOJ’s claims that Google has used contracts with tech firms that distribute Google’s search services in order to exclude rival search providers and thus to monopolize the markets for search and search advertising—the two sides of Google’s search platform. The primary mechanisms of exclusion, according to the DOJ, are the many contracts Google has used to secure its …
The Freedom Of Influencing, Hannibal Travis
The Freedom Of Influencing, Hannibal Travis
University of Miami Law Review
Social media stars and the Federal Trade Commission (“FTC”) Act are clashing. Influencer marketing is a preferred way for entertainers, pundits, and everyday people to monetize their audiences and popularity. Manufacturers, service providers, retailers, and advertising agencies leverage influencers to reach into millions or even billions of consumer devices, capturing minutes or seconds of the market’s fleeting attention. FTC enforcement actions and private lawsuits have targeted influencers for failing to disclose the nature of a sponsorship relationship with a manufacturer, marketer, or service provider. Such a failure to disclose payments prominently is very common in Hollywood films and on radio …
Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Marquette Intellectual Property & Innovation Law Review
None
Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery
Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery
Community & Environmental Health Faculty Publications
The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is now expected to allow participants to redeem their food benefits online, i.e., via online ordering, rather than only in-store. However, it is unclear how this new benefit redemption model may impact participants’ welfare since vendors may have an asymmetric information advantage compared with WIC customers. The WIC online ordering environment may also change the landscape for WIC vendors, which will eventually affect WIC participants. To protect WIC consumers’ rights in the new online ordering model, policymakers need an appropriate legal and regulatory framework. This narrative review provides that …
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi
Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Toward Stronger Data Protection Laws, Margot E. Kaminski
Toward Stronger Data Protection Laws, Margot E. Kaminski
Publications
No abstract provided.
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Faculty Scholarship
Today's intellectual property debates, in both law and the larger society, are a bellwether of changing justice needs in the twenty-first century. As the digital age democratizes technological opportunities, it brings intellectual property law into mainstream everyday culture. This generates debates about the relationship between the constitutional interest in "the progress of science and useful arts" and other fundamental values, such as equality, privacy, and distributive justice. These values, which were not explicitly part of intellectual property regimes in prior eras, are especially challenged in today's internet world.
The article (which was presented as the annual Nies Lecture in April …
The Internet Tax Freedom Act At 25, Walter Hellerstein, Andrew D. Appleby
The Internet Tax Freedom Act At 25, Walter Hellerstein, Andrew D. Appleby
Scholarly Works
In October 1998, Congress enacted the Internet Tax Freedom Act (ITFA), a temporary three-year “moratorium” on the enactment of new state and local “taxes on Internet access” and on “multiple or discriminatory taxes on electronic commerce.” After extending the act temporarily several times, Congress, in 2016, finally and controversially struck the language temporarily extending the act, thereby making it permanent.
With its idiosyncratic legislative history and statutory language, as well as the recent attention it has received in connection with legal challenges to digital services and analogous taxes, we thought it would be appropriate to commemorate ITFA’s 25th birthday by …