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Articles 1 - 30 of 37
Full-Text Articles in Law
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
Federal Communications Law Journal
Prior to the passage of the 1996 Telecommunications Act, policymakers sought funding and regulatory mechanisms capable of fulfilling the vision of an Information Superhighway. Vice President Gore, the Clinton Administration's point person on the issue, initially proposed assessing fees on other sectors of the telecommunications industry to fund construction. Meanwhile, conservatives asserted that deregulation of the industry would achieve the desired result. A compromise ultimately was reached: the 1996 Act requires local exchange carriers to unbundle their networks and provide access at a reasonable cost to competitors. The use of regulatory formulas in lieu of taxes to subsidize a national …
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
Federal Communications Law Journal
The Telecommunications Act of 1996 purports to ensure every American eventual access to advanced telecommunications networks and services, and more immediate access to basic telephone networks and services. This access is essential because it determines the ease with which Americans can acquire an education, obtain employment, control financial affairs, access emergency assistance, and participate in the political process. The interpretation and implementation of the 1996 Act is critical because there is an imminent danger that a large portion of society— in inner cities, near suburbs, and small towns— not be connected to the "national electronic nervous system." To ensure that …
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
Federal Communications Law Journal
The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …
Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit
Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Wto, Wipo & The Internet: Confounding The Borders Of Copyright And Neighboring Rights, Susan A. Mort
The Wto, Wipo & The Internet: Confounding The Borders Of Copyright And Neighboring Rights, Susan A. Mort
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle
Duke Law Journal
This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.
Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques
Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques
American University Law Review
No abstract provided.
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Michigan Telecommunications & Technology Law Review
National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …
Panel Discussion: The First Amendment In Cyberspace: Use Of The Internet In The College Community, Robert M. O'Neil
Panel Discussion: The First Amendment In Cyberspace: Use Of The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
Mr. Robert M. O'Neil, Moderator. Participants: Mr. George Shur, Rep. David Wirsing, Prof. Thomas Peters, Prof. Lois Self, Ms. Jaime Jordan, Prof. A. Samuel Oddi, Prof. James Thomas
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Northern Illinois University Law Review
This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.
The Internet In The College Community, Robert M. O'Neil
The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Faculty Publications
No abstract provided.
Linking Copyright To Homepages, Matt Jackson
Linking Copyright To Homepages, Matt Jackson
Federal Communications Law Journal
The explosive growth of the Internet as a widespread medium of communication raises many novel copyright issues. One issue that has escaped much examination is the copyright implications of "links"--references to other Internet Web sites that allow immediate access to those sites. This Comment analyzes such questions as whether linking gives rise to direct or contributory liability to the copyright owner of a linked site, and whether the links themselves are copyrightable. It concludes that, although contributory liability is possible, linking cannot constitute a direct infringement any more than dialing a phone number to reach an answering machine with a …
No Regulation, Government Regulation, Or Self-Regulation: Social Enforcement Or Social Contracting For Governance In Cyberspace, Llewellyn Joseph Gibbons
No Regulation, Government Regulation, Or Self-Regulation: Social Enforcement Or Social Contracting For Governance In Cyberspace, Llewellyn Joseph Gibbons
Cornell Journal of Law and Public Policy
No abstract provided.
Panel Ii: Indecency On The Internet: Constitutionality Of The Telecommunications Act Of 1996, Perry Aftab, Preeta D. Bansal, Theodore C. Hirt, Chris Hansen
Panel Ii: Indecency On The Internet: Constitutionality Of The Telecommunications Act Of 1996, Perry Aftab, Preeta D. Bansal, Theodore C. Hirt, Chris Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tilting At Windmills: Defamation And The Private Person In Cyberspace, Kean J. Decarlo
Tilting At Windmills: Defamation And The Private Person In Cyberspace, Kean J. Decarlo
Georgia State University Law Review
No abstract provided.
What Constitutes Minimum Contacts In Cyberspace After Compuserve, Inc. V. Patterson: Are New Rules Necessary For A New Regime?, Joanna B. Bossin
What Constitutes Minimum Contacts In Cyberspace After Compuserve, Inc. V. Patterson: Are New Rules Necessary For A New Regime?, Joanna B. Bossin
Georgia State University Law Review
No abstract provided.
Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau
Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau
Georgia State University Law Review
No abstract provided.
Legal Aspects Of The Internet, Etienne Pichat
Legal Aspects Of The Internet, Etienne Pichat
LLM Theses and Essays
This thesis will explain the legal aspects of the Internet so that users who wish to protect their rights and avoid liability can log on with a better understanding of the rules of the game. This work will be divided into two chapters. The first chapter will focus on existing legal regulation of the Internet to advise users on which law is relevant, and how to solve problems of conflicts of laws in the cyberworld. It will answer the question of whether cyberspace is, or not, a "no laws land", and what kind of regulation would better fit the cyberworld. …
Online Law: The Spa's Legal Guide To Doing Business On The Internet, Thomas J. Smedinghoff, Tom W. Bell
Online Law: The Spa's Legal Guide To Doing Business On The Internet, Thomas J. Smedinghoff, Tom W. Bell
Richmond Journal of Law & Technology
Attorneys and academics have of late benefitted from a surge in the number of texts discussing the emerging law of the Internet. Online Law: The SPA's Legal Guide To Doing Business On The Internet, edited by Thomas J. Smedinghoff and published by the Software Publishers Association, represents a particularly welcome contribution. It achieves its limited goals about as well as any paper-bound book could--and does so at a nicely limited price.
There Is A Need To Regulate Indecency On The Internet, Robert W. Peters
There Is A Need To Regulate Indecency On The Internet, Robert W. Peters
Cornell Journal of Law and Public Policy
No abstract provided.
The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski
The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski
Indiana Law Journal
No abstract provided.
Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr.
Is The Environmental Movement A Critical Internet Technology, Henry H. Perritt Jr.
Villanova Environmental Law Journal
No abstract provided.
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
Seattle University Law Review
This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
Touro Law Review
No abstract provided.
Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow
Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow
Seattle University Law Review
This Essay will focus on three metaphors, and show briefly how the arguments that copyright law is “unworkable” in the Internet context are based on a misreading of these metaphors. The first metaphor is the use of the term “cyberspace” to apply to the Internet; the second is the tendency to describe Internet communication as “going” somewhere. Both of these metaphors mistakenly suggest a space in which enforcement—and, indeed, violation—of any law is impossible. The third metaphor is the “wine and bottles” analogy, set forth by John Perry Barlow in his widely circulated article, “The Economy of Ideas," to show …
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
Seattle University Law Review
Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …
Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green
Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green
Seattle University Law Review
The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide …
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Seattle University Law Review
The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …
From The Internet To Court: Excerising Jurisdiction Over World Wide Web Communications, Gwenn M. Kalow
From The Internet To Court: Excerising Jurisdiction Over World Wide Web Communications, Gwenn M. Kalow
Fordham Law Review
No abstract provided.