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Articles 1 - 30 of 97
Full-Text Articles in Internet Law
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
Federal Communications Law Journal
Prior to the passage of the 1996 Telecommunications Act, policymakers sought funding and regulatory mechanisms capable of fulfilling the vision of an Information Superhighway. Vice President Gore, the Clinton Administration's point person on the issue, initially proposed assessing fees on other sectors of the telecommunications industry to fund construction. Meanwhile, conservatives asserted that deregulation of the industry would achieve the desired result. A compromise ultimately was reached: the 1996 Act requires local exchange carriers to unbundle their networks and provide access at a reasonable cost to competitors. The use of regulatory formulas in lieu of taxes to subsidize a national …
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
Federal Communications Law Journal
The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …
Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin
Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin
Buffalo Law Review
No abstract provided.
Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona
Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona
Buffalo Law Review
No abstract provided.
Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques
Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques
American University Law Review
No abstract provided.
The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug
Penn State International Law Review
No abstract provided.
The Court Logs On, Richard C. Reuben
The Court Logs On, Richard C. Reuben
Faculty Publications
The U.S. Supreme Court is expected to issue a landmark decision soon on the ability of government to slow down X-rated traffic on the information superhighway. At issue in Reno v. American Civil Liberties Union, No. 96-511, argued March 19, is the constitutionality of the Communications Decency Act of 1996, 47 U.S.C. § 223, a major effort by Congress to restrict minors' access to the pornography that is readily available on the Internet. Legal experts say the decision could set an important benchmark for future rulings affecting the electronic communications network that may reach some 200 million users before the …
Taxing Electronic Commerce: Preliminary Thoughts On Model Uniform Legislation, Walter Hellerstein
Taxing Electronic Commerce: Preliminary Thoughts On Model Uniform Legislation, Walter Hellerstein
Scholarly Works
This report on Taxing Electronic Commerce was presented at the symposium on multi-jurisdictional taxation of electronic commerce at Harvard University on April 5, 1997. This report describes the normative principles shared by most serious analyses of the problems raised by state taxation of electronic commerce. It then attempts to translate these principles into legal rules that could provide a model for uniform legislation in this area. Finally it addresses constitutional questions that will likely be encountered in any effort to implement such legislation.
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Faculty Publications
No abstract provided.
Why Regulate Cybermoney? , David G. Oedel
Why Regulate Cybermoney? , David G. Oedel
American University Law Review
No abstract provided.
Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz
Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz
American University Law Review
No abstract provided.
Linking Copyright To Homepages, Matt Jackson
Linking Copyright To Homepages, Matt Jackson
Federal Communications Law Journal
The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …
State Taxation Of Electronic Commerce, Walter Hellerstein
State Taxation Of Electronic Commerce, Walter Hellerstein
Scholarly Works
The coming of the information age has profound implications for state taxation as it does for just about everything else. The exponential growth and increasing commercialization of the Internet, along with the sweeping technological and regulatory changes that have reconfigured the telecommunications industry, pose a daunting challenge to the states’ traditional approaches to taxing business activity and the telecommunications system that facilitates it. State tax administrators and policymakers, alarmed at the prospect that their tax bases will disappear into cyberspace, are seeking means to accommodate their taxing regimes to the new technological environment. The business community, on the other hand, …
Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer
Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer
Indiana Law Journal
No abstract provided.
Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross
Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross
American University Law Review
No abstract provided.
How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt
How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt
American University Law Review
No abstract provided.
How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas
How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas
American University Law Review
No abstract provided.
How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson
How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson
American University Law Review
No abstract provided.
1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field
1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field
American University Law Review
No abstract provided.
Taxation Of Telecommunications And Electronic Commerce, Walter Hellerstein
Taxation Of Telecommunications And Electronic Commerce, Walter Hellerstein
Scholarly Works
No abstract provided.
The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean
The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean
Brigham Young University Journal of Public Law
No abstract provided.
Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.
Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.
Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Washington International Law Journal
The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …
Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman
Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman
Faculty Scholarship
Welcome to the first session of the Internet Law Symposium co-sponsored by the Center for Law and Technology2 at Boston University School of Law and the law firm of Testa, Hurwitz & Thibeault.3 This session will focus on a variety of Internet 4 law and public policy issues and their implications for business.
Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone
Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone
Federal Communications Law Journal
Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.
Letter From The Editor, Eric R. Link
Letter From The Editor, Eric R. Link
Richmond Journal of Law & Technology
One of my first responsibilities as the Journal's 1996-97 editor in chief was to ask Professor John Paul Jones to serve as our faculty advisor. I made this request over dinner one evening late in the summer of 1996, and while he declined to commit (we eventually reached an agreement), he did make a very interesting observation. Being only the second editorial board in the Journal's brief history, Prof. Jones said it appeared as though I and the rest of the board were being asked to clean up after the revolution. He and I both found his comment amusing, since …
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
Richmond Journal of Law & Technology
With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …
Expanding The Doctrines Of Vicarious And Contributory Copyright Infringement: Fonovisa, Inc. V. Cherry Auction, Inc. Targets The Primary Distribution Channels For Counterfeit Merchandise, Angela R. Dean
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Regulation Of The Internet: The Application Of Established Constitutional Law To Dangerous Electronic Communication, Adam R. Kegley
Regulation Of The Internet: The Application Of Established Constitutional Law To Dangerous Electronic Communication, Adam R. Kegley
Kentucky Law Journal
No abstract provided.