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Articles 1 - 30 of 135
Full-Text Articles in Internet Law
Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty
Chasing Shadows: The Human Face Behind The Cyber Threat, Jim Chirsty
Federal Communications Law Journal
Book Review: Tangled Web: Tales of Digital Crime From the Shadows of Cyberspace, Richard Power, Que, 2000, 450 pages.
Richard Power’s Tangled Web: Tales of Digital Crime from the Shadows of Cyberspace presents a comprehensive account of computer crime. The book unveils and explores in meticulous detail the nature and scope, and—more importantly—the tremendous potential that common criminals, terrorists, and nation-states now have at their fingertips. This Review describes Tangled Web as a must-read for all cyber cops, prosecutors, and information technology heads and policy-makers.
Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg
Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg
BYU Law Review
No abstract provided.
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric Easton
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 …
The Internet Down Under: Can Free Speech Be Protected In A Democracy Without A Bill Of Rights, Robert Trager, Susan Turner
The Internet Down Under: Can Free Speech Be Protected In A Democracy Without A Bill Of Rights, Robert Trager, Susan Turner
University of Arkansas at Little Rock Law Review
No abstract provided.
Doctoring Prescriptions: Federal Barriers To Combating Prescription Drug Fraud Against On-Line Pharmacies In Washington, Eric M. Peterson
Doctoring Prescriptions: Federal Barriers To Combating Prescription Drug Fraud Against On-Line Pharmacies In Washington, Eric M. Peterson
Washington Law Review
Prescription drug abuse represents a significant portion of drg abuse in the United States. Drug-seeking individuals alter, steal, or forge prescriptions to sustain their own dependence on prescription medications or to divert the drugs to sell to others at inflated rates. On-line pharmacies are a relatively new source for prescription medications and a potential target for prescription drug fraud. The federal government recently enacted the Electronic Signatures in Global and National Commerce Act (E-SIGN), which governs electronic signatures and preempts inconsistent provisions of state laws, such as the Washington Electronic Authentication Act (WEAA). WEAA is a legal framework that could …
Icravetv And The New Rules Of Internet Broadcasting, Michael A. Geist
Icravetv And The New Rules Of Internet Broadcasting, Michael A. Geist
University of Arkansas at Little Rock Law Review
No abstract provided.
Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills
Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills
UF Law Faculty Publications
Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …
The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull
The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull
University of the District of Columbia Law Review
No abstract provided.
Technology And Client Community Access To Legal Services - Suggestive Scenarios On Community Legal Education, Intake And Referral And Pro Se, Michael Genz
University of the District of Columbia Law Review
The papers prepared for the Conference provide a broad perspective on emerging technologies and the potential they offer Legal Services. This paper, building on those perspectives, first offers a real world scenario showing how these technologies might be deployed to maximize client and community access to Legal Services resources. For each scenario, the paper then lays out what needs to be in place - technologically, managerially and institutionally, for the scenario to be made real.
Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr
Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr
Washington and Lee Law Review
No abstract provided.
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
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
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.
Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein
Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein
Scholarly Works
Elsewhere on these pages, the distinguished economist Charles McLure begins his contribution to the debate over taxation of electronic commerce by observing that “America is focusing on the wrong issues in debating the taxation of electronic commerce ....” He proceeds to provide a fundamental critique of the states' existing sales tax regimes and he lays out a roadmap for radical reform of the system that would, in the course of curing the basic defects in the existing state sales tax structure, incidentally resolve many of the issues that currently dominate the debate over taxing electronic commerce. I do not disagree …
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
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 …
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Michigan Telecommunications & 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 the …
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Michigan Telecommunications & 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 …
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
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 Telecommunications & 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 in overextending …
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Michigan Telecommunications & 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 to …
The Direct Marketing Model And Virtual Identity: Why The United States Should Not Create Legislative Controls On The Use Of Online Consumer Personal Data, Shaun A. Sparks
The Direct Marketing Model And Virtual Identity: Why The United States Should Not Create Legislative Controls On The Use Of Online Consumer Personal Data, Shaun A. Sparks
Penn State International Law Review
No abstract provided.
When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan
When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan
Federal Communications Law Journal
Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Federal Communications Law Journal
Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Federal Communications Law Journal
Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.
Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner
Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner
Federal Communications Law Journal
Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …
At The Intersection Of Visible And Invisable Worlds: United States Privacy Law And The Internet, Dorothy J. Glancy
At The Intersection Of Visible And Invisable Worlds: United States Privacy Law And The Internet, Dorothy J. Glancy
Faculty Publications
The purpose of this essay is to consider some characteristics ofUnited States privacy law that contribute to the obscurity of many intersections between the Internet and privacy law. This discussion is not an exhaustive catalogue of all of the ways in which United States privacy law may apply to Internet activities. Nor is it intended to be
an evaluation of the effectiveness of this privacy law. Rather, the point here is to explore why the application of privacy law to the Internet is a matter of considerable complexity and some uncertainty.
The focus is on certain characteristics of privacy law …
Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
BYU Law Review
No abstract provided.
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor
Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor
International Bulletin of Political Psychology
This article describes attributions about race and ethnicity that color the discourse on the ethics, morality, and legality of profiling.
Legal And Ethical Issues Related To The Use Of The Internet In K-12 Schools, Nancy Willard
Legal And Ethical Issues Related To The Use Of The Internet In K-12 Schools, Nancy Willard
Brigham Young University Education and Law Journal
Supplemental Files:
- Recommended District Internet Policy and Regulations
- Student Internet Policy Handbook Template
- Sample Student Account Agreement
- Sample Guest Account Agreement
- Sample Letter to Parents or Guardians
Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin
Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin
Brigham Young University Education and Law Journal
No abstract provided.