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Articles 31 - 60 of 72
Full-Text Articles in Internet Law
Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann
Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann
Brigham Young University Journal of Public Law
This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by decaying assent …
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther
BYU Law Review
No abstract provided.
President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen
President Obama And The Changing Cyber Paradigm, Eric Talbot Jensen
Faculty Scholarship
Among the most important issues for American National Security is the national response to the growing threat from cyber activities. This threat is both ubiquitous and potentially catastrophic as recently demonstrated by both the recent decision by the UK to prioritize cyber capabilities over putting in service an air-capable aircraft carrier and the targeted effectiveness of the STUXNET worm. The evolving cyber paradigm will force the United States to reevaluate the way in which it thinks of both national security and the concept of armed conflict. To combat this threat, President Obama must refocus America’s attention, by both reallocating the …
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
BYU Law Review
Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States recommended that courts, Congress, and agencies hold agencies to clear standards for issuing such publicity. In the decades since, some agencies have adopted standards, but most have not, and neither the courts nor Congress has intervened to impose standards. Today, agencies continue to use countless forms of publicity to pressure alleged regulatory violators and to amplify their overall enforcement powers—all without affording due process or other …
Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller
Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller
Brigham Young University Education and Law Journal
No abstract provided.
School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard
School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard
Brigham Young University Education and Law Journal
No abstract provided.
Data Protection: The Challenges Facing Social Networking, Daniel B. Garrie, Maureen Duffy-Lewis, Rebecca Wong, Richard L. Gillespie
Data Protection: The Challenges Facing Social Networking, Daniel B. Garrie, Maureen Duffy-Lewis, Rebecca Wong, Richard L. Gillespie
Brigham Young University International Law & Management Review
No abstract provided.
Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen
Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen
Faculty Scholarship
Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population and …
Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense
Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense
Brigham Young University Journal of Public Law
No abstract provided.
Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner
Internet Search And Seizure In United States V. Forrester: New Problems In The New Age Of Pen Registers, Deborah Buckner
Brigham Young University Journal of Public Law
No abstract provided.
Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston
Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston
BYU Law Review
No abstract provided.
Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston
Zoning The Internet: A New Approach To Protecting Children Online, Cheryl B. Preston
BYU Law Review
This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children's access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the …
Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato
Making Family-Friendly Internet A Reality: The Internet Community Ports Act, Dawn C. Nunziato
BYU Law Review
No abstract provided.
Technology And Pornography, Arnold H. Loewy
A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende
BYU Law Review
No abstract provided.
Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders
Regulating Internet Pornography Aimed At Children: A Comparative Constitutional Perspective On Passing The Camel Through The Needle's Eye, Kevin W. Saunders
BYU Law Review
No abstract provided.
Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee
Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee
BYU Law Review
No abstract provided.
Obscenity And The World Wide Web, John E. Fee
Highway Robbery Online: Is E-Rate Worth The Fraud?, Jonathoan Meer
Highway Robbery Online: Is E-Rate Worth The Fraud?, Jonathoan Meer
Brigham Young University Education and Law Journal
No abstract provided.
The Eu Data Protection Directive: Implementing A Worldwide Data Protection Regime And How The U.S. Position Has Progressed, Seth P. Hobby
The Eu Data Protection Directive: Implementing A Worldwide Data Protection Regime And How The U.S. Position Has Progressed, Seth P. Hobby
Brigham Young University International Law & Management Review
No abstract provided.
The World Summit On The Information Society: Making The Case For Private Industry Filtering To Control Extraterritorial Jurisdiction And Transnational Internet Censorship Conflicts, Jay Wahlquist
Brigham Young University International Law & Management Review
No abstract provided.
The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy
The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger
Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger
BYU Law Review
No abstract provided.
Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow
Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow
Brigham Young University Journal of Public Law
No abstract provided.
Legal Reform In An Electronic Age: Analysis And Critique Of The Construction And Operation Of S. 487, The Technology, Education And Copyright Harmonization (Teach) Act Of 2001, Tomas A. Lipinski
Brigham Young University Education and Law Journal
No abstract provided.
Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager
Allowing Another Policeman On The Information Superhighway: State Interests And Federalism On The Internet In The Face Of The Dormant Commerce Clause, Michael W. Loudenslager
Brigham Young University Journal of Public Law
No abstract provided.
Digital Music: Educational Issues, John Faust
Digital Music: Educational Issues, John Faust
Brigham Young University Education and Law Journal
No abstract provided.
Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg
Www.Wildwest.Gov: The Impact Of The Internet On State Power To Enforce The Law, Terrence Berg
BYU Law Review
No abstract provided.
Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
BYU Law Review
No abstract provided.
Legal And Ethical Issues Related To The Use Of The Internet In K-12 Schools, Nancy Willard
Legal And Ethical Issues Related To The Use Of The Internet In K-12 Schools, Nancy Willard
Brigham Young University Education and Law Journal
Supplemental Files:
- Recommended District Internet Policy and Regulations
- Student Internet Policy Handbook Template
- Sample Student Account Agreement
- Sample Guest Account Agreement
- Sample Letter to Parents or Guardians