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Articles 1 - 12 of 12

Full-Text Articles in Internet Law

The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver Dec 1997

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 Dec 1997

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 …


Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques Aug 1997

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.


Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy Apr 1997

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.


Linking Copyright To Homepages, Matt Jackson Apr 1997

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 …


Legal Aspects Of The Internet, Etienne Pichat Jan 1997

Legal Aspects Of The Internet, Etienne Pichat

LLM Theses and Essays

This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …


Online Law: The Spa's Legal Guide To Doing Business On The Internet, Thomas J. Smedinghoff, Tom W. Bell Jan 1997

Online Law: The Spa's Legal Guide To Doing Business On The Internet, Thomas J. Smedinghoff, Tom W. Bell

Richmond Journal of Law & Technology

Attorneys and academics have of late benefitted from a surge in the number of texts discussing the emerging law of the Internet. Online Law: The SPA's Legal Guide To Doing Business On The Internet, edited by Thomas J. Smedinghoff and published by the Software Publishers Association, represents a particularly welcome contribution. It achieves its limited goals about as well as any paper-bound book could--and does so at a nicely limited price.


The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski Jan 1997

The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski

Indiana Law Journal

No abstract provided.


Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr. Jan 1997

Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr.

Villanova Environmental Law Journal

No abstract provided.


The Internet: A Critical Technology For The State Of Environmental Law, Jocelyn C. Adkins Jan 1997

The Internet: A Critical Technology For The State Of Environmental Law, Jocelyn C. Adkins

Villanova Environmental Law Journal

No abstract provided.


Internet Jurisdictional Issues: Fundamental Fairness In A Virtual World, Karin M. Mika, Aaron J. Reber Jan 1997

Internet Jurisdictional Issues: Fundamental Fairness In A Virtual World, Karin M. Mika, Aaron J. Reber

Law Faculty Articles and Essays

This Article explains Internet jurisdictional issues within the current framework that enables a state to assert in personam jurisdiction. This Article argues that existing jurisdictional tests are appropriate in determining the fairness of jurisdiction in cases involving the Internet, despite the vast outreach capacity of computers. This Article will first examine the development of law concerning in personam jurisdiction. Next, this Article will reflect on how courts have handled jurisdictional issues respecting other modes of communication, namely the mail and telephone. Third, this Article will argue that in traditional jurisdictional analysis, courts have placed primary emphasis on business contacts and …


Lex Informatica: The Formulation Of Information Policy Rules Through Technology , Joel R. Reidenberg Jan 1997

Lex Informatica: The Formulation Of Information Policy Rules Through Technology , Joel R. Reidenberg

Faculty Scholarship

Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of …