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Full-Text Articles in Law
Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively
Can A One Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, Jesse D. Lively
Jesse D Lively
This Comment argues that the Supreme Court of Virginia should first reverse the Virginia Court of Appeal’s decision when it hears the Yelp case later this year. Secondly, the court hold that the Virginia statute for identifying persons communicating anonymously over the Internet violates the First Amendment's required showing of merit on both law and facts before a subpoena duces tecum to identify an anonymous speaker can be enforced. Lastly, it should adopt a new “unveiling standard” similar to the standards used in either Dendrite or Cahill. Part II examines the jurisprudential history of identifying anonymous Internet speakers in defamation …
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Adam Thierer
This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate …
Internet History, Raphael Cohen-Almagor
Internet History, Raphael Cohen-Almagor
raphael cohen-almagor
This paper outlines and analyzes milestones in the history of the Internet. As technology advances, it presents new societal and ethical challenges. The early Internet was devised and implemented in American research units, universities, and telecommunication companies that had vision and interest in cutting-edge research. The Internet then entered into the commercial phase (1984-1989). It was facilitated by the upgrading of backbone links, the writing of new software programs, and the growing number of interconnected international networks. The author examines the massive expansion of the Internet into a global network during the 1990s when business and personal computers with different …
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Licensing As Digital Rights Management, From The Advent Of The Web To The Ipad, Reuven Ashtar
Reuven Ashtar
This Article deals with the Digital Millennium Copyright Act’s anti-circumvention provision, Section 1201, and its relationship to licensing. It argues that not all digital locks and contractual notices qualify for legal protection under Section 1201, and attributes the courts’ indiscriminate protection of all Digital Rights Management (DRM) measures to the law’s incoherent formulation. The Article proposes a pair of filters that would enable courts to distinguish between those DRM measures that qualify for protection under Section 1201, and those that do not. The filters are shown to align with legislative intent and copyright precedent, as well as the approaches recently …
An Innovation-Centric Approach Of Telecommunications Infrastructure Regulation, Konstantinos Stylianou
An Innovation-Centric Approach Of Telecommunications Infrastructure Regulation, Konstantinos Stylianou
Konstantinos Stylianou
This paper considers the mechanics and role of innovation in telecommunications networks, and explains how regulation can be designed to maximize innovation. To better focus on the relationship between innovation and regulation an effort is made to distinguish innovation from competition, although the two concepts are closely related, and several reasons are presented on why the fast changing, networked and technical nature of telecommunications offers a very favorable environment for innovation to thrive, as well as why innovation benefits from a large number of actors. Moreover, the paper further explains that even small players are useful in the innovation process …
Responsibility Of And Trust In Isps, Raphael Cohen-Almagor
Responsibility Of And Trust In Isps, Raphael Cohen-Almagor
raphael cohen-almagor
This discussion is about the neglected concepts of trust and social responsibility on the Internet. I will discuss and explain the concepts and their implications to people and society. I then address the issue of moral and social responsibilities of ISPs and web-hosting companies. I argue that ISPs and web-hosting companies should aspire to take responsibility for content and that they should respect and abide by their own terms of conduct.
Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski
Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron K. Perzanowski
Aaron K. Perzanowski
This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment. The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …