Internet Law Commons^™

Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels

Articles & Chapters

No abstract provided.

China's Network Justice, Benjamin L. Liebman, Tim Wu

Faculty Scholarship

China's Internet revolution has set off a furious debate in the West. Optimists from Thomas Friedman to Bill Clinton have predicted the crumbling of the Chinese Party-state ("Party-state"), while pessimists suggest even greater state control. But a far less discussed and researched subject is the effect of China's Internet revolution on its domestic institutions. This Article, the product of extensive interviews across China, asks a new and different question. What has China's Internet revolution meant for its legal system? What does cheaper, if not free, speech mean for Chinese judges?

The broader goal of this Article is to better understand …

Phishing With A Poisoned Bait, Warren B. Chik

Research Collection Yong Pung How School Of Law

This article discusses the problem of dealing with electronic fraud and identity theft under the current Singapore criminal law.

Network Stories, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In 1962, Rachel Carson named the natural environment. Scientists were beginning to understand the complex web of ecological cause and effect; naming that web gave it independent existence and invested that existence with political meaning. In 1996, James Boyle named the cultural environment. Boyle’s act of naming was intended to jumpstart a political movement by appropriating the complex web of political meaning centered on the interdependency of environmental resources.

But naming, although important, is only a beginning. The example of the natural environment shows us that to build from a name to a movement requires two things. First, you have …

Cyberspace As/And Space, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The appropriate role of place- and space-based metaphors for the Internet and its constituent nodes and networks is hotly contested. This essay seeks to provoke critical reflection on the implications of place- and space-based theories of cyberspace for the ongoing production of networked space more generally. It argues, first, that adherents of the cyberspace metaphor have been insufficiently sensitive to the ways in which theories of cyberspace as space themselves function as acts of social construction. Specifically, the leading theories all have deployed the metaphoric construct of cyberspace to situate cyberspace, explicitly or implicitly, as separate space. This denies all …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …

Big Entertainment Needs A Sequel To The Highly Anticipated Flop: Mgm V. Grokster, Anuj Desai

Georgia Law Review

The entertainmentindustry's attempts to police copyright infringement by targeting technologies that enable copying of protected works remain unworkable. More than twenty years ago, Hollywood initiated this strategy when it sued Sony, claiming users copied protected broadcast TV shows using Sony's Betamax, thus branding Sony a contributory infringer. The Supreme Court, however, rejected this argument in Sony Corp. of Am. v. Universal City Studios, Inc. and found that Sony was not liable as it had no knowledge of the infringement and its product was capable of substantialnoninfringing uses. The Sony doctrine was revived in the late 1990s when it was successfully …