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Full-Text Articles in Law
Online Defamation: Bringing The Communications Decency Act Of 1996 In Line With Sound Public Policy, Ryan W. King
Online Defamation: Bringing The Communications Decency Act Of 1996 In Line With Sound Public Policy, Ryan W. King
Duke Law & Technology Review
According to the Communications Decency Act of 1996, a provider of an interactive computer service cannot be held liable for publishing a defamatory statement made by another party. In addition, the service provider cannot be held liable for refusing to remove the statement from its service. This article postulates that such immunity from producer and distributor liability is a suspect public policy, and argues that the statute should be amended to include a broad definition of "development" and a "take-down and put-back" provision.
The Pending Determination Of The Legality Of Internet Gambling In The United States, Gregory Manter
The Pending Determination Of The Legality Of Internet Gambling In The United States, Gregory Manter
Duke Law & Technology Review
Internet gambling has been targeted on many fronts in the United States, including Congress, the courts, the Bush Administration and credit card agencies. This iBrief details recent trends in the regulation of online gaming, and concludes that while absolute prohibitions may be ineffective, the combined resistance of these institutions will prevent the industry from expanding its customer base.
Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet
Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet
Duke Law & Technology Review
As the wealth of online information grows, private investigation websites are becoming more powerful and popular. Their client lists include attorneys, insurance agencies, banks, neighbors, employers, and, oh yes, stalkers and identity thieves. When a stalker used information from a web investigator to track down and kill his victim, the New Hampshire Supreme Court held the investigator liable for its customer's criminal acts. This iBrief considers how far liability should extend for a web investigator, distinguishes web investigators from handgun and bullet retailers, and explains how this decision realizes a policy against privacy invasions.
The E-Government Act: Promoting E-Quality Or Exaggerating The Digital Divide?, Jaime Klima
The E-Government Act: Promoting E-Quality Or Exaggerating The Digital Divide?, Jaime Klima
Duke Law & Technology Review
In passing the E-Government Act of 2002, Congress has promised to improve the technological savvy of federal agencies and make more public forms and records available online. However, the question is whether doing so will alienate those Americans who do not have Internet access. Will the Act exaggerate the gap between the Internet haves and have-nots that is known as the digital divide? This iBrief identifies the e-quality issues arising from the E-Government Act and argues that implementation of the Act, however well intentioned, may exaggerate the digital divide.
The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman
The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman
Duke Law & Technology Review
Due to increasing use of the Internet worldwide, the number of disputes arising from Internet commerce is on the rise. Numerous websites have been established to help resolve these Internet disputes, as well as to facilitate the resolution of disputes that occur offline. This iBrief examines and evaluates these websites. It argues that cyber-mediation is in its early stages of development and that it will likely become an increasingly effective mechanism for resolving disputes as technology advances.