Cyberspace, Exceptionalism, And Innocent Copyright Infringement,
2011
Vanderbilt University Law School
Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton
Vanderbilt Journal of Entertainment & Technology Law
Direct copyright infringement attracts strict liability. However, as a theoretical matter, it is not necessarily clear why. Legislatures and courts have typically imposed strict liability where: (a) a defendant has notice of a plaintiff's rights, particularly where those rights involve a property interest; (b) a mens rea requirement on the part of the defendant would create an untenable burden on the plaintiff; (c) it is easier for the defendant to avoid harming the plaintiff than it is for the plaintiff to avoid the harm; or, (d) it is more administratively or economically efficient for the defendant to bear the risk …
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011),
2011
UIC School of Law
The Three Cs Versus The Dinosaur: Updating The Technologically Archaic Fdcpa To Provide Consumers, Collectors, And Courts Clarity, 44 J. Marshall L. Rev. 1033 (2011), Melissa Travis
UIC Law Review
No abstract provided.
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011),
2011
UIC School of Law
Free Speech On The Battlefield: Protecting The Use Of Social Media By America's Soldiers, 44 J. Marshall L. Rev. 1085 (2011), David Johnsen
UIC Law Review
No abstract provided.
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011),
2011
UIC School of Law
Revisiting Reader Privacy In The Age Of The E-Book, 45 J. Marshall L. Rev. 175 (2011), Bradley Schaufenbuel
UIC Law Review
No abstract provided.
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement,
2011
Northwestern Pritzker School of Law
Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout
Northwestern Journal of International Law & Business
One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …
Workplace Privacy And Monitoring: The Quest For Balanced Interests ,
2011
University of Louisville
Workplace Privacy And Monitoring: The Quest For Balanced Interests , Ariana R. Levinson
Cleveland State Law Review
We can see in 2001 that 77 percent of employers were engaged in monitoring. This may have increased slightly or decreased slightly, but whatever has happened, we know that this is a significant amount of employers--much greater than a majority--that are engaging in monitoring of their employees. We can also see the great rise in monitoring of computers and electronic files in a ten-year period between 1997 and 2007. Finally, we can see some of the newer technologies. In 2007, twelve percent of the reporting employers were monitoring the blogosphere, eight percent were monitoring GPS vehicle tracking, and ten percent …
Special Feature: Cyberlaw - Introduction,
2011
University of Maryland Francis King Carey School of Law
Open Robotics ,
2011
University of Maryland Francis King Carey School of Law
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance,
2011
Tel Aviv University
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Michigan Telecommunications & Technology Law Review
Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or to use the European term, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure user rights and shape online behavior. A comprehensive study of Israeli website compliance with information privacy regulation in 2003 and 2006 provides insights for understanding these challenges. The study examined the information privacy practices of 1360 active websites, determining the extent to which these sites comply with applicable legal requirements related to …
Information Anxieties,
2011
University of Michigan Law School
Information Anxieties, G. S. Hans
Michigan Telecommunications & Technology Law Review
The constant access and instant publication that the Internet allows have given every pundit an online soapbox. This content explosion has created two related problems for consumers and industry: how to find valuable content online (whatever "valuable" means) and how to moderate the flow of the content itself. Tim Wu argues in The Master Switch that the second issue of content control and mediation has been fiercely debated in the United States as far back as the invention of the telephone in the late nineteenth century. Consumers, creators, companies, and government officials have disputed the appropriate regulations for the devices …
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy,
2011
The University of Tulsa College of Law
Spoliation Of Electronic Evidence: Sanctions Versus Advocacy, Charles W. Adams
Michigan Telecommunications & Technology Law Review
This Article proposes that courts should refrain from imposing adverse inference jury instructions as sanctions for the spoliation of evidence. This proposal bears some similarity to the approach taken twenty years ago by the 1993 amendments to Rule 11, which constrained courts' ability to sanction. Instead of imposing an adverse jury instruction as a sanction for spoliation of evidence, courts should allow evidence of spoliation to be admitted at trial if a reasonable jury could find that spoliation had occurred and if the spoliation was relevant to a material issue. If a court allows the introduction of evidence of spoliation …
Governments, Privatization, And Privatization: Icann And The Gac,
2011
Wayne State University
Governments, Privatization, And Privatization: Icann And The Gac, Jonathan Weinberg
Michigan Telecommunications & Technology Law Review
The Internet Corporation for Assigned Names and Numbers (ICANN) sets the rules for the Internet addressing systems that make it possible for users to send email, view webpages, or otherwise connect to Internet resources. Its most visible function is to supervise the domain name system, which identifies Internet resources by "domain names" such as "wayne.edu" or "threecats.net." ICANN's control gives it authority over how domain names are structured and what they look like; it gives it regulatory and economic power over a substantial set of businesses involved with Internet addressing.[...] What kind of organization, then, is ICANN? It is in …
Unwilling Avatars: Idealism And Discrimination In Cyberspace,
2011
University of Miami School of Law
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Articles
No abstract provided.
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011),
2011
UIC School of Law
Regulating Online Behavioral Advertising, 44 J. Marshall L. Rev. 899 (2011), Steven C. Bennett
UIC Law Review
No abstract provided.
Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change,
2011
University of Maryland Francis King Carey School of Law
Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change, Katherine J. Strandburg
Maryland Law Review
No abstract provided.
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact,
2011
University of Maryland Francis King Carey School of Law
Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald
Maryland Law Review
No abstract provided.
Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries,
2011
University of Maryland Francis King Carey School of Law
Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries, Nathaniel J. Gleicher
Maryland Law Review
No abstract provided.
Judges, Friends, And Facebook: The Ethics Of Prohibition, 24 Geo. J. Legal Ethics 281 (2011),
2011
John Marshall Law School
Judges, Friends, And Facebook: The Ethics Of Prohibition, 24 Geo. J. Legal Ethics 281 (2011), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011),
2011
John Marshall Law School
Rebooting Trademarks For The Twenty-First Century, 49 U. Louisville L. Rev. 517 (2011), Doris E. Long
UIC Law Open Access Faculty Scholarship
Trademarks have long suffered from an "ugly stepsister" status in the realm of intellectual property. Quasi-market regulation tool, quasi-investment property; trademark's historical role as both consumer-information signifier and producer-investment asset has led to increasingly confusing dichotomous treatment under the Lanham Act. The potentially borderless markets of cyberspace, with their new marketing techniques and new competitive spaces, have only heightened this confusion. Stumbling attempts to extend protection for marks under the Lanham Act beyond traditional notions of trademark use and consumer confusion to encompass the investment protection side of trademarks, such as the development of federal dilution and anti-cybersquatting acts, only …
Incendiary Speech And Social Media,
2011
University of Missouri School of Law
Incendiary Speech And Social Media, Lyrissa Lidsky
Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
