Internet Law Commons^™

The Direct Marketing Model And Virtual Identity: Why The United States Should Not Create Legislative Controls On The Use Of Online Consumer Personal Data, Shaun A. Sparks

Penn State International Law Review (1982 - 2011)

No abstract provided.

At The Intersection Of Visible And Invisable Worlds: United States Privacy Law And The Internet, Dorothy J. Glancy

Faculty Publications

The purpose of this essay is to consider some characteristics ofUnited States privacy law that contribute to the obscurity of many intersections between the Internet and privacy law. This discussion is not an exhaustive catalogue of all of the ways in which United States privacy law may apply to Internet activities. Nor is it intended to be
an evaluation of the effectiveness of this privacy law. Rather, the point here is to explore why the application of privacy law to the Internet is a matter of considerable complexity and some uncertainty.
The focus is on certain characteristics of privacy law …

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan

Federal Communications Law Journal

Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of …

Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel

Federal Communications Law Journal

Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.

Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono

Federal Communications Law Journal

Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …

Business-Only E-Mail Policies In The Labor Organizing Context: It Is Time To Recognize Employee And Employer Rights, Allegra Kirsten Weiner

Federal Communications Law Journal

Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left …

Climbing The Walls Of Your Electronic Cage, Steven Hetcher

Michigan Law Review

Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …

Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis

BYU Law Review

No abstract provided.

Racial Profiling In The Persian Gulf: Ethical, Moral, And Legal Implications, Ibpp Editor

International Bulletin of Political Psychology

This article describes attributions about race and ethnicity that color the discourse on the ethics, morality, and legality of profiling.

Legal And Ethical Issues Related To The Use Of The Internet In K-12 Schools, Nancy Willard

Brigham Young University Education and Law Journal

Supplemental Files:

• Recommended District Internet Policy and Regulations
• Student Internet Policy Handbook Template
• Sample Student Account Agreement
• Sample Guest Account Agreement
• Sample Letter to Parents or Guardians

Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin

Brigham Young University Education and Law Journal

No abstract provided.

Book Review: Lawrence Lessig, Code And Other Laws Of Cyberspace, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Economic And Other Barriers To Electronic Commerce, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces (With Martin H. Malin), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Achieving Legal And Business Order In Cyberspace: A Report On Global Jurisdictional Issues Created By The Internet, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz

Brigham Young University Education and Law Journal

No abstract provided.

Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder

Federal Communications Law Journal

In April 1998, the FTC released a consumer alert pertaining to the increasing problem of online auction fraud. As the number of online auction participants increased, online auction fraud was becoming more prevalent. The FTC requested comments regarding methods that would be appropriate for curbing the increase in consumer deception. Many in the online auction industry proposed voluntary self-regulation. This Note exposes the inadequacy of industry self-regulation by analogizing online auction abuse with the misuse and near downfall of the 900-number industry. This Note proposes that only a regime of strict industry guidelines that the FTC initiates will halt online …

Don’T Talk To Strangers: An Analysis Of Government And Industry Efforts To Protect A Child’S Privacy Online, Dorothy A. Hertzel

Federal Communications Law Journal

Studies indicate that nearly two-thirds of children use the Internet. Children online users have created unique concerns for Internet providers and lawmakers. The collection, storage, and sale of a child online user's personal information without the child or parent's knowledge or consent has elicited much concern. Such a practice is commonplace in the world of the Internet. Congress, through the Child Online Privacy Protection Act, and the Internet industry have addressed how to curb this practice. In addition to these efforts, technological tools are currently available that block the transfer of personally identifiable information from the user to the computer. …

Copyright Misuse And Modified Copyleft: New Solutions To The Challenges Of Internet Standardization, Chip Patterson

Michigan Law Review

The Internet is a truly global community within which myriad economic, social and technological forces interplay to cause its standardization. Much of the competition in the industry has revolved around which product will become the standard for a given market sector. Some markets have seen victors; for example, TCP/IP is the Internet communication protocol, MP3 appears to be dominating music compression, and Microsoft Corporation's Windows ("Windows") is clearly the standard operating system. Similarly, the Internet must adopt a standard for web browsing and searching, for email, and for web programming. In many cases, the competition for this standard will be …

The Death Of Cyberspace, Lawrence Lessig

Washington and Lee Law Review

No abstract provided.

The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith

BYU Law Review

No abstract provided.

Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr.

BYU Law Review

The federal income tax does not apply to profits generated by pure mail order sales originating from outside the United States, and state and local consumption taxes are effectively inapplicable to pure mail order sales originating from outside the taxing jurisdiction. These conclusions seem fully applicable to federal taxation of income from sales that are initially solicited through Internet advertising and then transacted over the Internet between a customer in the United States and an out-of-country seller's out-of-country website. Similar conclusions are also, arguably, applicable in the case of state and local consumption taxes. Extension of the mail order tax …

Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen

BYU Law Review

No abstract provided.

At&T Corp. V. City Of Portland: Classifjring "Internet Over Cable" In The "Open Access" Fight, Jason Whiteley

BYU Law Review

No abstract provided.

State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein

BYU Law Review

No abstract provided.

The National Labor Relations Act In Cyberspace: Union Organizing In Electronic Workplaces, (With Henry H. Perritt, Jr.), Martin H. Malin

All Faculty Scholarship

No abstract provided.

Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky

UF Law Faculty Publications

John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons—some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …