Internet Law Commons^™

Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.

Censure The Tree For Its Rotten Apple: Attributing Liability To Parents For The Copyright Infringement Of Their Minor Children, Chad Silver

Cardozo Public Law, Policy & Ethics Journal

The note argues that holding parents legally responsible for copyright infringement committed by their minor children could serve as an effective deterrent against illegal music downloading. It explores the legal frameworks for parental liability, including contributory and vicarious liability, and evaluates the potential benefits and challenges of this approach in addressing the decline of the recording industry due to illegal file sharing.

Dawn Of The Death Of Distributed Denial Of Service: How To Kill Zombies, Lilian Edwards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Gibson V. Prs: The Applicability Of The Initial Interest Confusion Doctrine To Trademarked Product Shapes, Paul Anthony Marchisotto

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs

Cardozo Journal of Equal Rights & Social Justice

The note critiques the Children's Internet Protection Act (CIPA) and its implementation, arguing that while its intent to protect children from online pornography is laudable, the mandated use of Internet filters is flawed. The study demonstrates that current filtering technology often overblocks access to critical nonpornographic health information, particularly affecting vulnerable populations like teenagers seeking sexual health resources. The Supreme Court's ruling in United States v. American Library Association upheld CIPA, dismissing less restrictive alternatives, but the article contends that this approach may harm patrons by restricting access to essential information.

For-Bid Scalping Online?: Anti-Scalping Legislation In An Internet Society, Daniel Glantz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

On The Logic Of Suing One's Customers And The Dilemma Of Infringement-Based Business Models, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Voice Of China: A Story Of Chinese-Character Domain Names, Hong Xue

Cardozo Journal of International and Comparative Law

The article examines China's efforts to manage and regulate domain names, particularly Chinese character domain names, both domestically and internationally. It highlights the evolution of China's regulatory framework, from academic management to governmental oversight, and its active participation in international policymaking through organizations like ICANN. The core argument revolves around the technical, policy, and sovereignty challenges China faces in integrating its domain name system into the global Internet infrastructure while maintaining national control and promoting inclusivity.

Governing By Negotiation: The Internet Naming System, Tamar Frankel

Cardozo Journal of International and Comparative Law

The governance of the Internet naming system is at a critical juncture, characterized by instability and power struggles. ICANN, while central to the system, operates on a precarious foundation due to its short-term contract with the U.S. Department of Commerce, which grants the U.S. significant control. The system's structure is vague, relying on ad hoc decisions rather than fixed rules, leading to a complex interplay between governments, registries, and ICANN. The article employs game theory to analyze these dynamics, highlighting the challenges in balancing structure and flexibility amidst evolving stakeholders' roles and internationalization pressures.

The Origins Of Cctld Policymaking, Peter K. Yu

Cardozo Journal of International and Comparative Law

The article explores the evolution of country-code top-level domain (ccTLD) policymaking, tracing its transition from an informal, ad hoc system managed by individuals like Jon Postel to a formalized, international governance structure under the Internet Corporation for Assigned Names and Numbers (ICANN). It highlights the power struggles between various stakeholders, including national governments, ICANN, and the Internet Assigned Numbers Authority (IANA), and discusses the implications for global internet governance.

The Enum Protocol, Telecommunications Numbering, And Internet Governance, Craig Mctaggart

Cardozo Journal of International and Comparative Law

The article examines the intersection of technical and governance challenges posed by the ENUM protocol, which bridges traditional telephony and internet systems by converting phone numbers into domain names. It highlights how ENUM's development and implementation have become a focal point for broader debates about internet governance, particularly the balance between national sovereignty and global coordination. The analysis underscores the political and international implications of technical decisions, emphasizing the need for a more neutral and multilateral approach to managing critical internet resources.

"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Silenced Minority: When The Riaa Charges College Radio For Online Broadcasts, Will The Public End Up Paying?, Eleanor Lackman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Aol Time Warner Foundation: Extending Internet Benefits To All, B. Keith Fulton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Postcards From The Edge: Surveying The Digital Divide, Andrew G. Celli Jr., Kenneth M. Dreifach

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Coming To Terms With Informational Stratification In The People's Republic Of China, Jack Linchuan Qiu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Vertical Integration And Self-Dealing In The Television Industry: Should Profit Participants Be Owed A Fiduciary Duty?, Marc Simon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Time To Say Good-Bye To Madonna's American Pie: Why Mechanical Compulsory Licensing Should Be Put To Rest, Theresa M. Bevilacqua

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Commercial Speech On The Internet: Spain And The First Amendment, Joshua A. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Aspiring To Pluralism: The Constraints Of Public Broadcasting Values On The De-Regulation Of British Media Ownership, Thomas Gibbons

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A British Perspective On Structuring The Indian Broadcasting Regulatory Authority, Tony Prosser

Cardozo Journal of International and Comparative Law

The article examines the structure and operation of the UK's Independent Television Commission (ITC) as a model for the Indian Broadcasting Regulatory Authority. It argues that while the ITC has improved regulatory practices through greater transparency and accountability, its experience highlights key challenges, such as balancing public interest concerns with market forces, managing media concentration, and ensuring fair licensing procedures. The article concludes that the establishment of an independent regulatory authority is crucial but warns against replicating the UK's approach without considering its shortcomings.

An Alternative To Government Regulation And Censorship: Content Advisory Systems For The Internet, C. Dianne Martin, Joseph M. Reagle

Cardozo Arts & Entertainment Law Journal

The explosive growth of online services and access in the United States and other technologically sophisticated nations has resulted in a huge increase of on-line users below the age of eighteen. With this increase, there has been an accompanying surge in the availability of adult oriented content and services. Consequently, a plethora of government policies and industry strategies have emerged that attempt to shield the public, and in particular children, from exposure to content deemed inappropriate.

Due to the competing interests between government control and regulation of content on the one hand, and individual privacy, autonomy, and free speech on …

Child Care: The Forgotten Tax Deduction, Efrem Z. Fischer

Cardozo Journal of Equal Rights & Social Justice

This Note argues that the current deductions for child care expenses under the Internal Revenue Code are insufficient and inequitable, particularly for secondary earners, usually women. It proposes replacing the existing system with a higher deduction mechanism, such as a $10,000 limit per child, indexed for inflation, with a phaseout for higher incomes. The current system fails to account for the true costs of child care, exacerbates the marriage penalty, and discourages labor force participation among secondary earners. The proposed reform aims to address these issues by providing a more substantial and equitable tax benefit.

A Future Without Formalities, Irwin Karp

Cardozo Arts & Entertainment Law Journal

No abstract provided.