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Internet Law Commons

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1997

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Institution
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Articles 1 - 30 of 98

Full-Text Articles in Internet Law

The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver Dec 1997

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 …


International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller Dec 1997

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 …


Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona Oct 1997

Application Of Online Systems In Alternative Dispute Resolution, Frank A. Cona

Buffalo Law Review

No abstract provided.


Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin Oct 1997

Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, David E. Sorkin

Buffalo Law Review

No abstract provided.


A British Perspective On Structuring The Indian Broadcasting Regulatory Authority, Tony Prosser Oct 1997

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.


Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques Aug 1997

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.


1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson May 1997

1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson

Oregon Law Institute, 1997

Course Materials from the May 2, 1997 Program in Portland


The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug May 1997

The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Court Logs On, Richard C. Reuben May 1997

The Court Logs On, Richard C. Reuben

Faculty Publications

The U.S. Supreme Court is expected to issue a landmark decision soon on the ability of government to slow down X-rated traffic on the information superhighway. At issue in Reno v. American Civil Liberties Union, No. 96-511, argued March 19, is the constitutionality of the Communications Decency Act of 1996, 47 U.S.C. § 223, a major effort by Congress to restrict minors' access to the pornography that is readily available on the Internet. Legal experts say the decision could set an important benchmark for future rulings affecting the electronic communications network that may reach some 200 million users before the …


Taxing Electronic Commerce: Preliminary Thoughts On Model Uniform Legislation, Walter Hellerstein May 1997

Taxing Electronic Commerce: Preliminary Thoughts On Model Uniform Legislation, Walter Hellerstein

Scholarly Works

This report on Taxing Electronic Commerce was presented at the symposium on multi-jurisdictional taxation of electronic commerce at Harvard University on April 5, 1997. This report describes the normative principles shared by most serious analyses of the problems raised by state taxation of electronic commerce. It then attempts to translate these principles into legal rules that could provide a model for uniform legislation in this area. Finally it addresses constitutional questions that will likely be encountered in any effort to implement such legislation.


1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field Apr 1997

1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field

American University Law Review

No abstract provided.


How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt Apr 1997

How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt

American University Law Review

No abstract provided.


Taxation Of Telecommunications And Electronic Commerce, Walter Hellerstein Apr 1997

Taxation Of Telecommunications And Electronic Commerce, Walter Hellerstein

Scholarly Works

No abstract provided.


Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross Apr 1997

Piracy,Privacy, And Privatization: Fictional And Legal Approaches To The Electronic Future Of Cash , Walter A. Effross

American University Law Review

No abstract provided.


Linking Copyright To Homepages, Matt Jackson Apr 1997

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 Apr 1997

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

Indiana Law Journal

No abstract provided.


Why Regulate Cybermoney? , David G. Oedel Apr 1997

Why Regulate Cybermoney? , David G. Oedel

American University Law Review

No abstract provided.


How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson Apr 1997

How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson

American University Law Review

No abstract provided.


How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas Apr 1997

How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas

American University Law Review

No abstract provided.


Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz Apr 1997

Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz

American University Law Review

No abstract provided.


Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy Apr 1997

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.


State Taxation Of Electronic Commerce, Walter Hellerstein Apr 1997

State Taxation Of Electronic Commerce, Walter Hellerstein

Scholarly Works

The coming of the information age has profound implications for state taxation as it does for just about everything else. The exponential growth and increasing commercialization of the Internet, along with the sweeping technological and regulatory changes that have reconfigured the telecommunications industry, pose a daunting challenge to the states’ traditional approaches to taxing business activity and the telecommunications system that facilitates it. State tax administrators and policymakers, alarmed at the prospect that their tax bases will disappear into cyberspace, are seeking means to accommodate their taxing regimes to the new technological environment. The business community, on the other hand, …


The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean Mar 1997

The Sheriff Is Coming To Cyberville: Trademark And Copyright Law And The Internet, John R. Dean

Brigham Young University Journal of Public Law

No abstract provided.


Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr. Mar 1997

Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr. Mar 1997

Is The Environmental Movement A Critical Internet Technology?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir Mar 1997

Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir

Washington International Law Journal

The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …


Contributory Liability For Access Providers: Solving The Conundrum Digitalization Has Placed On Copyright Laws, Wendy M. Melone Feb 1997

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 Electronic Signature Act Of 1996: Breaking Down Barriers To Widespread Electronic Commerce In Florida, William E. Wyrough, Jr., Ron Klein Jan 1997

The Electronic Signature Act Of 1996: Breaking Down Barriers To Widespread Electronic Commerce In Florida, William E. Wyrough, Jr., Ron Klein

Florida State University Law Review

No abstract provided.


The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii Jan 1997

The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii

UIC John Marshall Journal of Information Technology & Privacy Law

As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …


Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg Jan 1997

Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid development of computer technology has led software companies to seek financial support from various commercial lenders. Lenders are typically unaccustomed and unwilling to lend money on the security of intellectual property. The fear of lenders is well founded because lenders face a considerable risk in lending money on contemporary and intangible collateral. As a result of the unavailability of funds, technology based companies would be hindered in their efforts to promote new programs. The unclarity of laws with respect to obtaining a security interest has created obstacles for parties on both sides of the transaction -- the lender …