Internet Law Commons^™

Reviving Implied Confidentiality, Woodrow Hartzog

Indiana Law Journal

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

How Should The Past Inform The Future? Reviewing Regulating Internet Gaming: Challenges And Opportunities, Keith C. Miller

UNLV Gaming Law Journal

No abstract provided.

Moving Beyond Regulatory Mechanisms: A Typology Of Internet Control Regimes, Richard Reid Hunt

Dissertations and Theses

This paper examines national Internet control from a policy regime perspective. The mechanisms through which governments attempt to control the Internet may be developed and implemented by different institutions and agencies, or fall outside of a formal regulatory structure entirely. As such, the totality of the institutions and practices of national Internet control is better conceptualized not as a regulatory regime, but as a control regime. After a survey of the critical policy and control dimensions, a six-part typology of control regimes is proposed. The purpose of this study and typology is exploratory. With comparative research about Internet control regimes …

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.

Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs

Touro Law Review

No abstract provided.

The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer

Seattle University Law Review

Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 to …

Pace Intellectual Property, Sports & Entertainment Law Forum, Volume 4, Issue 1, Winter 2014

Pace Intellectual Property, Sports & Entertainment Law Forum

Thank you for downloading the first digital edition of the Pace Intellectual Property, Sports & Entertainment Law Forum. As you scroll through the pages of this issue, you may notice the Forum has a new look. Recognizing the significant advancements in technology that have revolutionized the legal field in the past few years, the Volume 4 Editorial Board sought to update and adapt the Forum to be accessible digitally, formatting the issue for tablets and e-readers. As you read, take advantage of clickable Tables of Contents and links to online sources throughout the issue.

Off-Campus Cyberbullying: First Amendment Problems, Parameters, And Proposal, David R. Hostetler

Brigham Young University Education and Law Journal

No abstract provided.

A Study On The Safe Harbor Rules For Online File Hosting Service Providers Under Copyright Law In China, Shi Xu

Maurer Theses and Dissertations

Today both the U.S. and China are plagued with copyright infringement, particularly infringement involving online file sharing via file hosting services. The safe harbor rules in the U.S. Digital Millennium Copyright Act (here after “DMCA”) §512(c) provide a certain amount of protection for contributory infringers, such as file hosting service providers, as long as certain conditions are met. Although China has borrowed extensively from DMCA §512(c) in setting up its own safe harbor rules, their content and standard of review remain unclear, leading to inconsistencies in judgments. In this circumstance, this thesis tries to analysis each element of the safe …

A Trade-Off That Becomes A Rip-Off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart

BYU Law Review

No abstract provided.

Of Relevance And Reform Under Section 215, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Journal of Public Law and Policy

This article discusses the importance of passing the Social Networking Online Protection Act and the Password Protection Act to afford vital protection against discrimination in hiring and admission decisions. Existing laws fail to adequately provide protection against discrimination after the advent of social media. Furthermore, failure to provide to provide protection via federal laws will create a disparity in the protection afforded individuals across the United States.

Social media has introduced a new world of opportunities for sharing, networking, but it has also created ample opportunities for others to snoop around, discriminate, and base their hiring or admission decisions, in …

Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga

Pepperdine Dispute Resolution Law Journal

The article offers information on the enactment, development, and significance of the Lanham Act, the Federal Trademark Diluting Act (FTDA), the Anticybersquatting Consumer Protection Act (ACPA), and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to address the challenges arising out of the domain name registration process in the U.S. It informs that these acts provides assistance in safeguarding the rights of trademark owners against the domain name registrants.

Online Terms Of Service: A Shield For First Amendment Scrutiny Of Government Action, Jacquelyn E. Fradette

Notre Dame Law Review

Part I of this Note will canvas popular opinions and perceptions about First Amendment rights on the Internet using examples of public outcry over recent instances of speech limitation. It will also discuss the state action doctrine generally and how the presence of this doctrine most likely renders certain popular public constitutional intuitions about the First Amendment erroneous.

Part II will provide an overview of how courts have taken an expansive and protective view of private ordering between online parties. It will discuss how courts have developed a robust freedom to contract jurisprudence in the Internet context. Because courts essentially …

Speech Engines, James Grimmelmann

Cornell Law Faculty Publications

Academic and regulatory debates about Google are dominated by two opposing theories of what search engines are and how law should treat them. Some describe search engines as passive, neutral conduits for websites’ speech; others describe them as active, opinionated editors: speakers in their own right. The conduit and editor theories give dramatically different policy prescriptions in areas ranging from antitrust to copyright. But they both systematically discount search users’ agency, regarding users merely as passive audiences.

A better theory is that search engines are not primarily conduits or editors, but advisors. They help users achieve their diverse and individualized …

Fisc Query Preapproval: Intelligence Burden Or Bump In The Road?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert

The Journal of Business, Entrepreneurship & the Law

The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals. First, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as they have the opportunity to gain popularity through social media networks and word of mouth, the healthy competition seen in the former entertainment industry is …

Legal Phantoms In Cyberspace: The Problematic Status Of Information As A Weapon And A Target Under International Humanitarian Law, Jack M. Beard

Nebraska College of Law: Faculty Publications

Reports of state-sponsored harmful cyber intrusions abound. The prevailing view among academics holds that if the effects or consequences of such intrusions are sufficiently damaging, international humanitarian law (IHL) should generally govern them-and recourse to armed force may also be justified against states responsible for these actions under the jus ad bellum. This Article argues, however, that there are serious problems and perils in relying on analogies with physical armed force to extend these legal regimes to most events in cyberspace. Armed conflict models applied to the use of information as a weapon and a target are instead likely to …

Speech Engines, James Grimmelmann

Faculty Scholarship

Academic and regulatory debates about Google are dominated by two opposing theories of what search engines are and how law should treat them. Some describe search engines as passive, neutral conduits for websites’ speech; others describe them as active, opinionated editors: speakers in their own right. The conduit and editor theories give dramatically different policy prescriptions in areas ranging from antitrust to copyright. But they both systematically discount search users’ agency, regarding users merely as passive audiences.

A better theory is that search engines are not primarily conduits or editors, but advisors. They help users achieve their diverse and individualized …

Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks

Faculty Scholarship

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.