Internet Law Commons^™

Protecting Children From The Dark Side Of The Internet, Anne Dupre, John Dayton, Christine Kiracofe

Scholarly Works

This article examines the history of judicial and legislative responses to the issue of consumption of pornography and other harmful materials over the Internet by children. The article begins by giving a brief overview of free speech law in the US. Next, summaries of relevant U.S. legislation and corresponding litigation on Internet free speech are given. Highlighted are: 1) the Communications Decency Act (CDA) and the U.S. Supreme Court’s response in Reno v. ACLU; 2) The Child Pornography Prevention Act (CPPA) and Ashcroft v. Free Speech Coalition; 3) the Children’s Internet Protection Act (CIPA) and United States v. American …

Internet Cookies: When Is Permission Consent?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Rfid Et Administration Publique: Le Citoyen Sous Surveillance?, Anthony Hémond

Canadian Journal of Law and Technology

Lorsque les gouvernements et l’Administration se lancent dans la mise en place d’une nouvelle technologie, il leur faut, au préalable, analyser les enjeux et les risques de ce déploiement.

Tel sera l’essentiel de nos développements. Nous verrons comment, notamment à travers la mise en place du e-passeport, la technologie RFID peut être intégrée au sein de l’Administration. Le choix de cette nouvelle génération de passeports n’est pas anodin: si dans certains domaines les donne ́es qu’ils contiennent sont précieuses, dans d’autres, notamment celui de la santé, les informations sur les personnes sont très sensibles. Il faut donc maîtriser les risques …

Beyond Content: The Emergence Of Video Games And Their Diverse Effects On Legal Normativity As Seen Through The Lens Of Jean Baudrillard, Stephen Orr

Canadian Journal of Law and Technology

Current legal discourse about video games focuses primarily on freedom of speech issues relating to the content of games. Using the work of Jean Baudrillard (and to a small extent Marshall McLuhan) this article reconsiders how we should conceptualize the regulation of video games. Baudrillard's theories are particularly interesting to explore as his pessimistic reflections about technology challenge us to contemplate how profoundly the form of new communicative technologies, such as video games, shape human interactions. Appealing to both theorists' belief that "the medium is the message", this article argues that we should be wary of focusing legal energy exclusively …

Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian

Scholarship@WashULaw

Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron's approach. In this article, Professor Magarian defends Barron's case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …

Beyond Patents: The Cultural Life Of Native Healing And The Limitations Of The Patent System As A Protective Mechanism For Indigenous Knowledge On The Medicinal Uses Of Plants, Ikechi Mgbeoji

Canadian Journal of Law and Technology

The question that this paper seeks to tackle is whether in the contest of allegations of biopiracy and in the search for effective mechanisms for the protection of indigenous knowledge of the medicinal uses of plants possessed by traditional healers of southern Nigeria, there is any role for the patent regime. Given the popularity of alternative forms of health care, this question is of importance in contemporary discourse.

Liability For Botnet Attacks, Jennifer A. Chandler

Canadian Journal of Law and Technology

This paper will consider the possibility of using tort liability to address cyber insecurity. In previous work, I have proposed a hypothetical lawsuit by the victim of a DDoS attack against the vendor of unreasonably insecure software, the flaws of which are exploited to create the DDoS attack army. Indeed, software vendors are facing increasing public disapproval for their contributions to cyber insecurity. However, not all DDoS attack armies are assembled by exploiting flaws in software. Computers are also infected when users voluntarily open infected email attachments or download infected files from file-sharing networks. Accordingly, the cyber insecurity resulting from …

Review Of Legal Issues In Electronic Commerce, 2nd Edition (Concord, Ontario: Captus Press, 2005), Chidi Oguamanam

Canadian Journal of Law and Technology

This collection of materials is part of the Canadian Legal Studies Series. According to the publishers, the objective of the Series is to offer ‘‘a wealth of carefully selected, and up-to-date examinations of Canadian legal issues’’. The first of such collections under the same title appeared in 2002. According to Takach, one of the dynamics of computer, and indeed information technology, law is rapid change in technology trends. Thus, after two years, technological developments and corresponding legal responses on the subject of electronic commerce warrant a new edition of materials of this nature.

Pervasively Distributed Copyright Enforcement, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood …