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Articles 1 - 30 of 39
Full-Text Articles in Law
Purveyors Of Hate On The Internet: Are We Ready For Hate Spam?, Elizabeth Phillips Marsh
Purveyors Of Hate On The Internet: Are We Ready For Hate Spam?, Elizabeth Phillips Marsh
Georgia State University Law Review
No abstract provided.
Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund
Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Entrepreneurs And Regulators: Internet Technology, Agency Estoppel, And The Balance Of Trust, James T. O'Reilly
Entrepreneurs And Regulators: Internet Technology, Agency Estoppel, And The Balance Of Trust, James T. O'Reilly
Cornell Journal of Law and Public Policy
No abstract provided.
A Nondelegation Doctrine For The Digital Age?, James Boyle
A Nondelegation Doctrine For The Digital Age?, James Boyle
Duke Law Journal
No abstract provided.
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard
Washington and Lee Law Review
No abstract provided.
Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites In The Evolving Internet , Xuan-Thao N. Nguyen
Should It Be A Free For All? The Challenge Of Extending Trade Dress Protection To The Look And Feel Of Web Sites In The Evolving Internet , Xuan-Thao N. Nguyen
American University Law Review
No abstract provided.
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Mp3 In Y2k: The Audio Home Recording Act And Other Important Copyright Issues For The Year Mm, Nathan Scharton
Northern Illinois University Law Review
This comment will examine the issues and implications of music and the Internet as affected by several competing interests. Part I briefly outlines the current state of affairs in MP3 music by examining the driving forces behind Internet music. Part II explains the constitutional rights of copyright holders and the goals of copyright law. The constitutional issues are further developed under the United States Supreme Court's decision in Sony Corp. of America v. Universal City Studios, Inc. Part Ill briefly introduces some important aspects of the AHRA. Part IV uses the recent Ninth Circuit case, Recording Industry Ass'n of America …
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Michigan Telecommunications & Technology Law Review
The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Establishing A Legitimate Expectation Of Privacy In Clickstream Data, Gavin Skok
Michigan Telecommunications & Technology Law Review
This Article argues that Web users should enjoy a legitimate expectation of privacy in clickstream data. Fourth Amendment jurisprudence as developed over the last half-century does not support an expectation of privacy. However, reference to the history of the Fourth Amendment and the intent of its drafters reveals that government investigation and monitoring of clickstream data is precisely the type of activity the Framers sought to limit. Courts must update outdated methods of expectation of privacy analysis to address the unique challenges posed by the Internet in order to fulfill the Amendment's purpose. Part I provides an overview of the …
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Looking A Gift Horse In The Mouth: An Analysis Of Free Internet Stock Offerings, Joel Michael Schwarz
Michigan Telecommunications & Technology Law Review
How much should an investor pay for one share of stock in Yahoo? Or a share of stock in America Online? As publicly traded companies, one need only consult the stock charts in any local newspaper to determine the value the market has placed on these shares. Despite what many Internet sector analysts have professed to be astronomically high valuations, these publicly traded companies possess easily verifiable valuations determined by the free market forces that constitute the building blocks of our economy, and safeguarded by the oversight of federal regulators such as the Securities & Exchange Commission ("SEC"). But what …
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Plotting The Return Of An Ancient Tort To Cyberspace: Towards A New Federal Standard Of Responsibility For Defamation For Internet Service Providers, Christopher Butler
Michigan Telecommunications & Technology Law Review
Though the rapid development of the Internet has created a fertile ground for legal innovation, more often than not legislators and courts have sought to address this relatively new medium by attempting to squeeze it into precedents and paradigms better suited to older forms of communication, technology, and media. Part I of this article looks back at the courts' initial efforts at addressing defamation via the Internet. From the start the courts attempted to fit the role of the ISP into the common law's categorizing of print media as either "publishers" or "distributors" of information. One court's misstep in overextending …
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Michigan Telecommunications & Technology Law Review
Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be to …
Consumers Surfing For Sales In Cyberspace: What Constitutes Acceptance And What Legal Terms And Conditions Bind The Consumer?, Mark E. Budnitz
Consumers Surfing For Sales In Cyberspace: What Constitutes Acceptance And What Legal Terms And Conditions Bind The Consumer?, Mark E. Budnitz
Georgia State University Law Review
No abstract provided.
Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel C. Farber
Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel C. Farber
Georgia State University Law Review
No abstract provided.
The Internet Gambling Prohibition Act Of 1999: Congress Stacks The Deck Against Online Wagering But Deals In Traditional Gaming Industry High Rollers, Tom Lundin
Georgia State University Law Review
No abstract provided.
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
The Availability Of The Fair Use Defense In Music Piracy And Internet Technology, Sonia Das
Federal Communications Law Journal
This Note examines the development of the fair-use defense to other new technologies, such as the VCR and photocopier, and concludes that courts generally make the fair-use defense available in cases involving copying using new technology. Such uses of the technology have contributed, rather than deterred, to both the bettering of the technology itself and increasing the use of a copyright work. Ultimately, the increased uses reward the copyright holder. Next, this Note applies fair-use cases to new technology in the music industry, namely the increase availability of music on the Internet and a device known as the Rio, which …
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Law and Contemporary Problems
Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.
The Wild Wild Web: Non-Regulation As The Answer To The Regulatory Question, Shamoil Shipchandler
The Wild Wild Web: Non-Regulation As The Answer To The Regulatory Question, Shamoil Shipchandler
Cornell International Law Journal
No abstract provided.
The First Amendment And Cyberspace: The Clinton Years, James Boyle
The First Amendment And Cyberspace: The Clinton Years, James Boyle
Law and Contemporary Problems
Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.
Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel
Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel
Federal Communications Law Journal
Studies indicate that nearly two-thirds of children use the Internet. Children online users have created unique concerns for Internet providers and lawmakers. The collection, storage, and sale of a child online user's personal information without the child or parent's knowledge or consent has elicited much concern. Such a practice is commonplace in the world of the Internet. Congress, through the Child Online Privacy Protection Act, and the Internet industry have addressed how to curb this practice. In addition to these efforts, technological tools are currently available that block the transfer of personally identifiable information from the user to the computer. …
The Death Of Cyberspace, Lawrence Lessig
The Death Of Cyberspace, Lawrence Lessig
Washington and Lee Law Review
No abstract provided.
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Duke Law Journal
John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …
Net Bet Debt, Larry D. Strate, Martin Weisner
Net Bet Debt, Larry D. Strate, Martin Weisner
Hospitality Review
The prospective high returns from gaming operations have introduced the Internet as a new competitor to the hotel and travel industry. With the dawn of the new millennium, am epidemic of gamblers has infected the virtual world and raised leagal problems yet to be solved.
The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann
The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann
ILSA Journal of International & Comparative Law
It is a commonplace that crime, no less than other industries, has become a global venture.
E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette
E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette
ILSA Journal of International & Comparative Law
In the nearly 300 years since the industrial revolution,' the advancement of technology has always aided international business
Jurisdiction And The Internet: The "Real World" Meets Cyberspace, Michael Gilden
Jurisdiction And The Internet: The "Real World" Meets Cyberspace, Michael Gilden
ILSA Journal of International & Comparative Law
In a world where global communications are increasingly dependent on the Internet,' traditional geographic and territorial borders are disappearing, leaving in their wake important and unanswered questions.
"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels
"Click Here To Buy The Next Microsoft": The Penny Stock Rules, Online Microcap Fraud, And The Unwary Investor, Kevin C. Bartels
Indiana Law Journal
No abstract provided.
Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur
Securities Regulation In The Electronic Era: Private Placements And The Internet, Todd A. Mazur
Indiana Law Journal
No abstract provided.
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Seattle University Law Review
In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …