Busting Blocks: Revisiting 47 U.S.C. §230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, 2011 Touro Law Center
Busting Blocks: Revisiting 47 U.S.C. §230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor
Scholarly Works
This paper discusses the growth and increasing significance of e-mail in the business and personal environment, and how unsolicited bulk commercial e-mail, also known as spam, has become a significant drain on technical and economic resources. It analyzes the statutory and self-help efforts to combat spam, with a specific focus on block lists and automated spam filters, and describes how alleged spammers have brought lawsuits in U.S. courts claiming they had been wrongfully included within block lists and filters. Finally, it describes some possible claims under U.S. law, then argues for a revision to current statutes to mandate a higher …
Supervising Managed Services, 2011 Northwestern University School of Law
Supervising Managed Services, James B. Speta
Faculty Working Papers
Many Internet-access providers simultaneously offer Internet access and other services, such as traditional video channels, video on demand, voice calling, and other emerging services, through a single, converged platform. These other services—which can be called "managed services" because the carrier offers them only to its subscribers in a manner designed to ensure some quality of service—in many circumstances will compete with services that are offered by unaffiliated parties as applications or services on the Internet. This situation creates an important interaction effect between the domains of Internet access and managed services, an effect that has largely been missing from the …
The Google Book Settlement And The Fair Use Counterfactual, 2011 DePaul University College of Law
The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag
NYLS Law Review
No abstract provided.
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, 2011 Yale Law School
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
NYLS Law Review
No abstract provided.
Orphan Works And The Google Book Search Settlement: An International Perspective, 2011 French National Institute for Research in Computer Science and Control
Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang
NYLS Law Review
No abstract provided.
The Why In Diy Book Scanning, 2011 New York Law School
Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, 2011 Howard University School of Law
Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar
NYLS Law Review
No abstract provided.
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, 2011 St. John’s University School of Law
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
Software Wars: The Patent Menace, 2011 New York Law School Class of 2010
The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, 2011 University of Richmond
The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank
Richmond Journal of Law & Technology
Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.
Trademark's Unfair Nominative Fair Use Defense: Protecting E-Commentary From Censorship By Corporate Monoliths, 2011 UC Law SF
Trademark's Unfair Nominative Fair Use Defense: Protecting E-Commentary From Censorship By Corporate Monoliths, Tom Abeles
UC Law SF Communications and Entertainment Journal
This article is concerned with the problem when an in-house attorney with vast resources and experience sends a cease and desist letter to a smaller review site, who may not have the resources to hire an attorney. A modest website may surrender to the request of a powerful corporation, especially if the cease and desist letter was overly intimidating. Website owners who are unfamiliar with trademark law present an attractive target in this situation and may not see a nominative fair use defense, which is not strong enough to protect these types of users. Review sites providing useful commentary or …
A Modern Library Class Action: The Google Book Settlement And The Future Of Digital Books, 2011 UC Law SF
A Modern Library Class Action: The Google Book Settlement And The Future Of Digital Books, Courtney Nguyen
UC Law SF Communications and Entertainment Journal
In this modern age, electronic readers, devices used to read digital copies of books, are fast saturating the market. The Google Books Library Project ("Project") is but one source of digital books, albeit a hotly contested one. Since inception the Project has encountered sundry problems, ranging from copyright disputes to accusations of monopoly and unfair competition. Though Google has settled with several author's groups, the legality of the Project and the resulting Settlement Agreement is still challenged.
This note posits that in light of the ongoing legal problems and other troubles the Project faces, a private settlement agreement is not …
Facebook And Social Networks: The Government’S Newest Playground For Information And The Laws That Haven’T Quite Kept Pace, 2011 UC Law SF
Facebook And Social Networks: The Government’S Newest Playground For Information And The Laws That Haven’T Quite Kept Pace, Danielle Levine
UC Law SF Communications and Entertainment Journal
With the rise of social networking sites such as Facebook, individuals are sharing information about themselves at alarming rates. With such copious amounts of personal information on the Internet, it is unsurprising that the government is using social networking sites to gain access to data for use in criminal investigations and prosecutions. This paper examines the ways in which social networking sites and the government's search for information collide. Part I looks at Facebook and discusses the ways the government has used Facebook and similar social networking sites in its investigations. Part II outlines the statutory framework through which the …
Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, 2011 UC Law SF
Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, Shelly Rosenfeld
UC Law SF Communications and Entertainment Journal
Cyberbullying became a major news story after a MySpace message took a deadly toll on a teenager. This paper examines how injurious speech case law in traditional print and broadcast media balances protecting victims who suffer emotional or physical harm while still preserving publisher's First Amendment rights. These cases provide a framework within which the injurious speech jurisprudence can be applied to emerging forms of communication, including the Internet.
By exploring the injurious speech cases from broadcast and print, this Note deals with the following issues: Can a public figure sue the press for intentionally inflicting emotional distress? What are …
Leaks, Leakers, And Journalists: Adding Historical Context To The Age Of Wikileaks, 2011 UC Law SF
Leaks, Leakers, And Journalists: Adding Historical Context To The Age Of Wikileaks, Sandra Davidson
UC Law SF Communications and Entertainment Journal
The United States government has charged Pfc. Bradley Manning with leaking to Julian Assange and WikiLeaks unprecedented amounts of classified information. Prior to publishing the Afghan War Logs, WikiLeaks provided the documents to The New York Times and other newspapers around the world. This article begins by reviewing how Manning reportedly leaked the documents about the wars in Afghanistan and Iraq, as well as diplomatic cables. It then traces decades of legal precedents surrounding leaks, leakers, and journalists in the United States, suggesting similarities and differences between the past and present. This article thus provides a historical context for the …
Internet Access Rights: A Brief History And Intellectual Origins, 2011 Dalhousie University Schulich School of Law
Internet Access Rights: A Brief History And Intellectual Origins, Jonathon Penney
Articles, Book Chapters, & Popular Press
If there is anything we have learned from recent protest movements around the world, and the heavy-handed government efforts to block, censor, suspend, and manipulate Internet connectivity, it is that access to the Internet, and its content, is anything but certain, especially when governments feel threatened. Despite these hard truths, the notion that people have a "right" to Internet access gained high-profile international recognition last year. In a report to the United Nations General Assembly in early 2011, Frank La Rue, the UN Special Rapporteur on Freedom of Expression, held that Internet access should be recognized as a "human right". …
Innovation, Entrepreneurship, And The Information Age, 2011 University of Colorado Law School
Innovation, Entrepreneurship, And The Information Age, Philip J. Weiser
Publications
This Essay makes the case for antitrust enforcement as a critical part of innovation policy and catalyzing entrepreneurship. It begins by explaining how innovation and entrepreneurship are drivers of economic growth and pillars of any effective economic strategy. With respect to antitrust enforcement and competition policy, it highlights the role that antitrust can play in opening up markets and addressing bottleneck monopolies, such as those at issue in the Microsoft and AT&T cases. It also explains that the most nettlesome challenge of such enforcement is devising appropriate and effective remedies, suggesting a few strategies to address that challenge.
Promoting The Buildout Of New Networks Vs. Compelling Access To The Monopoly Loop: A Clash Of Regulatory Paradigms, 2011 University of Pennsylvania Carey Law School
Promoting The Buildout Of New Networks Vs. Compelling Access To The Monopoly Loop: A Clash Of Regulatory Paradigms, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, 2011 University of Miami School of Law
Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi
Articles
No abstract provided.
When Machines Are Watching: How Warrantless Use Of Gps Surveillance Technology Violates The Fourth Amendment Right Against Unreasonable Searches, 2011 University of Pittsburgh School of Law
When Machines Are Watching: How Warrantless Use Of Gps Surveillance Technology Violates The Fourth Amendment Right Against Unreasonable Searches, David Thaw, Priscilla Smith, Nabiha Syed, Albert Wong
Articles
Federal and state law enforcement officials throughout the nation are currently using Global Positioning System (GPS) technology for automated, prolonged surveillance without obtaining warrants. As a result, cases are proliferating in which criminal defendants are challenging law enforcement’s warrantless uses of GPS surveillance technology, and courts are looking for direction from the Supreme Court. Most recently, a split has emerged between the Ninth and D.C. Circuit Courts of Appeal on the issue. In United States v. Pineda-Moreno, the Ninth Circuit relied on United States v. Knotts — which approved the limited use of beeper technology without a warrant — to …