Law Commons^™

Nsa Surveillance: Challenging The Global Reach Of U.S. Tech., H. Brian Holland

H. Brian Holland

No abstract provided.

The Failure Of The Rule Of Law In Cyberspace: Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland

H. Brian Holland

The ultimate goal of this article is to suggest a different perspective on the issue of extraterritorial regulation in cyberspace.

Between 1996 and 2002, over the course of several law review articles, professors David R. Johnson, David Post, and Jack L. Goldsmith engaged in a highly influential debate addressing the significance and legitimacy of physical, geographically-defined borders and territorial sovereignty in the regulation of cyberspace. At bottom, it was a contest between internal or indigenous regulation and the imposition of existing external regimes. At its heart lay two overarching areas of disagreement: First, descriptively, whether and to what extent the …

Privacy Paradox 2.0, H. Brian Holland

H. Brian Holland

As a starting point, this essay offers six basic propositions. First, "the 'privacy paradox' " refers to inconsistencies "between individuals' [asserted] intentions to disclose personal information and [individuals'] actual ... disclosure behaviors." Put simply, we indicate-at a granular level-specific items of personal information that we will not disclose, but we then give away that same data with what appears to be little regard for the risks of doing so and for little in return. Second, the privacy paradox is a wellestablished concept in many fields of the social sciences, even though the precise contours and causes of the paradox are …

Social Semiotics In The Fair Use Analysis, H. Brian Holland

H. Brian Holland

Fair use is perhaps the most contested doctrine in all of copyright law. New technologies that not only enable increased audience engagement with cultural works, but also facilitate the use of these "raw materials" to produce new works have made fair use more controversial. At another level, these technologies have made visible an audience, not of passive content consumers, but of active participants in discourse around and about those works.

This Article presents an argument for an expansion of fair use based on social semiotic theory, rather than on theories of authorship or rights of autonomy of subsequent authors. Instead, …

Tempest In A Teapot Or Tidal Wave - Cybersquatting Rights And Remedies Run Amok, H. Brian Holland

H. Brian Holland

The conflict at the heart of cybersquatting is in many ways conceptual. To most of its early inhabitants, the Internet embodied a separate and distinct environment --a territory unto itself. As such, it was thought the online world would stand separate from existing governmental power structures premised on the idea of territorial sovereignty. This separateness placed online actors theoretically beyond the authority of established legal systems, whose validity appeared limited by territorial boundaries and the sovereign-subject relationships occurring in the off-line world. Indeed, what many envisioned was an opportunity to create a self-regulating community existing within the "territory" of the …

In Defense On Online Intermediary Immunity: Facilitating Communities Of Modified Exceptionalism, H. Brian Holland

H. Brian Holland

In the ten years since its enactment, Section 230 of the Communications Decency Act of 1996 (CDA) has become perhaps the single most significant statute in the regulation of online content, and one of the most heavily criticized. Many early commentators criticized both Congress, for its apparent inability to craft the more limited statute it intended, and the courts, for interpreting the statute broadly and failing to limit its reach. Later commentators focus more clearly on policy concerns, contending that the failure to impose liability on intermediaries fails to effectuate principles of efficiency and cost avoidance.

This article takes the …

Inherently Dangerous: The Potential For An Internet-Specific Standard Restricting Speech That Performs A Teaching Function, H. Brian Holland

H. Brian Holland

Real or not, we perceive the convergence of several dangers-the physical threat of terrorism, both foreign and domestic; the economic threat of recession, corporate scandal, and globalization; and the social threat of new technology that connects, informs, exposes, and overwhelms us. At this moment, certain First Amendment protections are ripe for circumscription. The question, then, is whether our constitutional right of free speech is relative and conditional. The populist answer is yes. The legal answer is much more complicated.

To that end, this Article carries three goals. The first is to highlight parallel signals from the three branches of government …