Internet Law Commons^™

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 …

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 …

Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer

Indiana Law Journal

No abstract provided.

Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone

Federal Communications Law Journal

Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.

The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski

Indiana Law Journal

No abstract provided.

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon

Federal Communications Law Journal

Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.

Fixation On Fixation: Why Imposing Old Copyright Law On New Technology Will Not Work, Douglas J. Mason

Indiana Law Journal

No abstract provided.

Digital Demons And Lost Lawyers: A Review Of Law In A Digital World By M. Ethan Katsh, Bruce A. Markell

Federal Communications Law Journal

The increase in technology gives rise to an interesting discussion on whether the way lawyers approach the law will change. This question is analyzed with Professor Katsh's premise that the increase in the use of computers and networks will ultimately change the manner in which lawyers accumulate and use information. The Reviewer defends the role of lawyers as being more than just "information providers;" lawyers are guardians of a distinguished service as well. The Reviewer declares that what lawyers do cannot be oversimplified by computers and networks. Nevertheless, the Reviewer emphasizes that Law in a Digital World does provide insight …

The Computer As Advocate: An Approach To Computer-Generated Displays In The Courtroom, Mario Borelli

Indiana Law Journal

No abstract provided.

Law In Cyberspace, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Book Review. Telecom Regulation Monitor (S. Gieman And E. Herman, Eds.), Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Freedom Of Information And The Eu Data Protection Directive, James R. Maxeiner

Federal Communications Law Journal

Because of advancements in information technology, the tension between protection of privacy and freedom of information has intensified. In the United States this tension is addressed with sector specific laws, like the Fair Credit Reporting Act. Conversely, in Europe, data protection laws of general applicability have existed for two decades. Recently, the Council of Ministers adopted a Common Position in a data protection directive.

The Author analyzes specific provisions of the Directive, primarily focusing on the provisions that address the tension between the right of privacy and the free flow of information within the European Union. Ultimately, the Directive strikes …

Welcoming Remarks And Statement Of The Issues, Fred H. Cate

Federal Communications Law Journal

The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate

Federal Communications Law Journal

The second panel of From Conduit to Content: The Emergence of Information Policy and Law addresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond to the diversity of issues, interests, and policymakers?" Participants include Fred H. Cate, Allen S. Hammond, Bruce W. McConnell, Michael Nelson, Janice Obuchowski, and Marc Rotenbergaddresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond …

Jefferson On The Internet, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.

Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters

Federal Communications Law Journal

No abstract provided.

Broadcast Licensees And Localism: At Home In The "Communications Revolution", Gigi B. Sohn, Andrew Jay Schwartzman

Federal Communications Law Journal

No abstract provided.

Smart Agenting, Barry Diller

Federal Communications Law Journal

No abstract provided.

Drive Smoothly To Get On The Information Superhighway, Albert H. Halprin

Federal Communications Law Journal

No abstract provided.

Privacy Vs. Convenience: The Benefits And Drawbacks Of Tax System Modernization, E. Maria Grace

Federal Communications Law Journal

The Internal Revenue Service has launched the Tax System Modernization (TSM) program, a $23 billion plan to modernize its computer and information systems. TSM will be the largest computer upgrade ever undertaken by the federal government. Like any other computer network, TSM will inevitably be threatened by computer viruses, professional eavesdroppers, power outages, natural disasters, and human error. Given the sensitive nature of tax returns, the IRS has the difficult task of modernizing its data collection procedures and telecommunications facilities without risking the privacy of taxpayers and offending the security measures required by the Privacy Act of 1974, Computer Security …

The Soul Of A News Machine: Electronic Journalism In The Twenty-First Century, David Bartlett

Federal Communications Law Journal

As new technologies reshape elemental aspects of our nation's communications system, the basic assumptions about how the system will be used to gather and distribute the news will, by necessity, need to be reexamined. Some working in journalism and communications are excited by the opportunities arising from the changing circumstances, while others fear the repercussions of setting new precedent. Whatever the perspective, it will be impossible for anyone to escape the relentless process of change. The Author begins with an intuitive vision of the landscape of electronic journalism in the twenty-first century. While the pace of change will herald an …

The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich

Federal Communications Law Journal

The "information superhighway" has become a multipurpose label for the nation's evolving communications structure. Private investment to extend and enhance communications capacity, convergence of presently disparate technologies, and governmental policy will all play a role in formulating the superhighway's composition. Plainly, the challenges that lie ahead in constructing and regulating the superhighway will confront both the public and private sectors. The Authors begin their discussion by exploring the communications industry's role in developing the information superhighway. They then examine the details of both pending infrastructure legislation and the Clinton administration's infrastructure proposal. The Authors also discuss the construction and regulatory …

Bent Fish: Issues Of Ownership And Infringement In Digitally Processed Images, John Gastineau

Indiana Law Journal

No abstract provided.

Law, Lawyers, And Legal Practice In Silicon Valley: A Preliminary Report, Lawrence M. Friedman, Robert W. Gordon, Sophie Pirie, Edwin Whatley

Indiana Law Journal

The Growth of Large Law Firms and Its Effect on the Legal Profession and Legal Education, Symposium

The Patentability Of Computer Programs: Merrill Lynch's Patent For A Financial Services System, Lynne B. Allen

Indiana Law Journal

No abstract provided.