Internet Law Commons^™

Thwarting Ethical Violations With Web Site Disclaimers, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers

Villanova Law Review (1956 - )

No abstract provided.

The New Alphabet, Douglas Rushkoff

NYLS Law Review

No abstract provided.

Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami

Michigan Journal of International Law

The perspective offered by this Article is twofold. The emergence of transgovernmental networks gives rise to two questions, one causal and the other normative. First, how do we explain transnational cooperation through networks? Why do governments and regulators choose to establish networks rather than retain virtually limitless discretion over policymaking, conditioned only by international legal obligations? Based on the author’s examination of the records of the intergovernmental negotiations on the Data Protection Directive, this Article concludes that one precondition for fettering national discretion through networks is common preferences among governments on the substance of the policy to be administered. Compared …

Deregulating Relevancy In Internet Trademark Law, Eric Goldman

Faculty Publications

Emerging trademark law doctrines have allowed trademark owners to excise socially beneficial content and to take unprecedented control over their channels of distribution. Without limits, trademark law has the capacity to counterproductively destroy the Internet's utility for everyone.

Part I of the Article provides a brief overview of the Internet search process. Parts II-IV consider Internet search from three perspectives. Part II considers Internet search from the searcher's perspective, concluding that one cannot infer searchers' objectives from the keywords they choose. Part II considers Internet search from the web publisher's perspective. Part IV considers Internet search from the search provider's …

New Federal And Provincial Personal Information Protection Legislation And Its Impact On Physicians And Public Hospitals, Evguania Prokopieva

Canadian Journal of Law and Technology

The focus of this article is to examine the implications of the new federal and Ontario personal data protection legislation for physicians and public hospitals. This article also inquires into whether the new legislation will contribute to the protection of patient privacy. By ‘‘physician’’ I mean a doctor in a broad sense – i.e., ‘‘a person who has been educated, trained, and licensed to practice the art and science of medicine’’. This will include family doctors, paediatricians, psychiatrists, surgeons, and other medical doctors covered by the Regulated Health Professions Act. By the term ‘‘public hospitals’’ I will refer to not-for-profit …

"Tpms": A Perfect Storm For Consumers: Replies To Professor Geist, Barry Sookman

Canadian Journal of Law and Technology

This article has its origins in an article written by Professor Michael Geist and published in the Toronto Star entitled ‘‘‘TPMs’: A perfect storm for consumers’’. Following the publication of the article, John Gregory made a posting to the e-commerce listserv he moderates asking if anyone had any comments to the article. I responded on February 13, 2005 with a reply to John’s request. Professor Geist replied to my comments on February 17, 2005. On March 9, 2005 I posted a further reply to Professor Geist. The article set out below is based substantially on my two postings to John …

P2p And The Future Of Private Copying, Peter K. Yu

Faculty Scholarship

Since the beginning of the P2P file-sharing controversy, commentators have discussed the radical expansion of copyright law, the industry's controversial enforcement tactics, the need for new legislative and business models, the changing social norms, and the evolving interplay of politics and market conditions. Although these discussions have delved into the many aspects of the controversy, none of them presents a big picture of the issues or explains how they fit within the larger file-sharing debate.

Using a holistic approach, this Article brings together existing scholarship while offering some thoughts on the future of private copying. The Article does not seek …

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4

The Domination Of The English Language In The Global Village: Efforts To Further Develop The Internet By Populating It With Non-Latin-Based Languages, Molly Torsen

Richmond Journal of Law & Technology

At the top of the homepage of the Internet Corporation for Assigned Names and Numbers (ICANN) is a choice of nine different languages in which to read information about the organization; four of them are languages written in non-Latin script (Arabic, Chinese, Japanese and Russian). Clicking upon any of the language options brings the reader to a new website in that language and, presuming the reader has a computer and screen that can handle non-Latin script, the webpage reads legibly and clearly. The Uniform Resource Locator (URL), however, still reads in Latin script despite the webpage’s content being in a …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

It is my pleasure on behalf of the Staff and Editorial Board of the Richmond Journal of Law & Technology to introduce the first issue of the 2005-2006 academic year. The Journal is proud to present four articles dealing with a range of relevant topics.

House Bill 2797 Committee Hearing: A Bill To Add Internet Technological Protection In Virginia Libraries, Douglas Henderson, Colby M. May, Rodney Smolla

Richmond Journal of Law & Technology

House Bill 2797 is a bill to amend the Code of Virginia relating to technology protection measures in libraries, and Mr. Douglas Henderson will be our first witness. Mr. Henderson, we will be pleased to hear from you.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.

Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts

Kentucky Law Journal

No abstract provided.

The Constitutional Failing Of The Anticybersquatting Act, Ned Snow

Faculty Publications

Eminent domain and thought control are occurring in cyberspace. Through the Anticybersquatting Consumer Protection Act (ACPA), the government transfers domain names from domain-name owners to private parties based on the owners' bad-faith intent. The owners receive no just compensation. The private parties who are recipients of the domain names are trademark holders whose trademarks correspond with the domain names. Often the trademark holders have no property rights in those domain names: trademark law only allows mark holders to exclude others from making commercial use of their marks; it does not allow mark holders to reserve the marks for their own …

P2p And The Future Of Private Copying, Peter K. Yu

University of Colorado Law Review

No abstract provided.

Private Harms In The Cyber-World: The Conundrum Of Choice Of Law For Defamation Posed By Gutnick V. Dow Jones & Co., Shawn A. Bone

Washington and Lee Law Review

No abstract provided.

Pervasive Computing: Embedding The Public Sphere, Kang Lang, Dana Cuff

Washington and Lee Law Review

No abstract provided.

A Comment On Private Harms In The Cyber-World, Christopher Wolf

Washington and Lee Law Review

No abstract provided.

Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson

Faculty Articles

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Yet as interpreted by the United States Supreme Court, the Amendment places no restriction on police combing through financial records; telephone, e-mail and website transactional records; or garbage left for collection. Indeed there is no protection for any information knowingly provided to a third party, because the provider is said to retain no reasonable expectation of privacy in that information. As technology dictates that more and more of our personal lives are available to anyone equipped to receive them, and as social norms dictate that more and …

The Ghost Of Telecommunications Past, Philip J. Weiser

Publications

Paul Starr's The Creation of the Media presents modern policymakers with an important opportunity to consider the historical lessons of the telecommunications industry. This Book Review underscores how Starr's book richly explains some key components of U.S. information policy - such as relying on an integrated strategy of intellectual property, antitrust law, and telecommunications policy - and that some historical lessons are misplaced as to today's environment - such as a categorical skepticism of vertical integration. Moreover, Starr's account of telecommunications history explains that the U.S.'s success in promoting innovation in the information industries reflects our reluctance to manage key …

Policing The Spectrum Commons, Philip J. Weiser, Dale N. Hatfield

Publications

One of the most contested questions in spectrum policy is whether bands of spectrum left as unlicensed will fall victim to the tragedy of the commons. Advocates of increased unlicensed spectrum often downplay what enforcement measures are necessary to minimize interference and to prevent the tragedy of the commons problem. Even imposing spectrum etiquette requirements in addition to the FCC's equipment certification program will fail to address this concern effectively, as the development of such measures - e.g., the requirement that devices listen before they talk - does not ensure that they will be followed. Indeed, if there are incentives …

Rewriting The Telecom Act: An Introduction, Philip J. Weiser

Publications

No abstract provided.

Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.

Digital Signature Law Of The United Nations, European Union, United Kingdom And United States: Promotion Of Growth In E-Commerce With Enhanced Security, Stephen E. Blythe

Richmond Journal of Law & Technology

Digital signatures enhance the ability of contracting parties to authenticate electronic communication. Sophisticated encryption and decryption technology is used to verify the identity of the other party to the electronic transaction. Digital signature law, necessary for adjudication of disputes between parties in e-commerce, is still in its infancy. This article covers basic digital signature law of the United Nations, the European Union, the United Kingdom, and the United States.

The United Nations’ Model Law of Electronic Commerce of 1996 (“MLEC”) had many implications. The MLEC approved the utilization of electronic signatures, stated that electronic signatures would have the same legal …

The State Of Play, Beth Simone Noveck

NYLS Law Review

No abstract provided.

Virtual Worldliness: What The Imaginary Asks Of The Real, Dr. Richard A. Bartle

NYLS Law Review

No abstract provided.

How Online Games May Change The Law And Legally Significant Institutions, David R. Johnson

NYLS Law Review

No abstract provided.

Law And Liberty In Virtual Worlds, Jack M. Balkin

NYLS Law Review

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.