Internet Law Commons^™

Network Neutrality Between False Positives And False Negatives: Introducing A European Approach To American Broadband Markets, Jasper P. Sluijs

Federal Communications Law Journal

Network neutrality has become a contentious issue both in Europe and the United States. Regulators on both sides of the Atlantic face digital divides in their society, and are confronted with potentially conflicting policy goals-to incentivize private investment in next-generation broadband while maintaining "neutral" and competitive broadband networks.

This Article compares nascent American and European network neutrality policy in terms of regulatory error costs. Emerging markets, such as broadband, are more likely to be affected by regulatory errors, and these errors have graver consequences in emerging markets than in regular markets. U.S. telecommunications policy traditionally has advanced a trial-and-error approach …

Whose Burden Is It Anyway? Addressing The Needs Of Content Owners In Dmca Safe Harbors, Greg Janson

Federal Communications Law Journal

Much of today's network neutrality debate addresses concerns that cable providers will limit access to competing Web-based services delivering multimedia content. While proposals to mandate nondiscrimination for all Internet traffic surely will help create a competitive environment where online entertainment providers can prosper, ISP interference is not the only threat. Online entertainment sites that relay user-generated content are threatened by crippling litigation brought by copyright holders for actions taken by third parties using their services. Reliance on the safe harbors provided in the Digital Millennium Copyright Act has, in most cases, proved unsuccessful. This Note addresses the concerns of both …

Virtually Enabled: How Title Iii Of The Americans With Disabilities Act Might Be Applied To Online Virtual Worlds, Joshua Newton

Federal Communications Law Journal

The rise and popularity of online virtual worlds, such as World of Warcraft and Second Life, holds significant promise for people with disabilities. For people who are unable to easily leave home or travel, virtual worlds provide a public venue, wherein people may interact freely without the social stigma that accompanies disability. However, access to these virtual worlds may be inhibited by physical, visual, or aural impairments, and virtual-world developers can be hostile to modifying their products to mitigate these difficulties. Thus, some disability advocates have turned to Title III of the Americans with Disabilities Act, arguing that places of …

'Canada' In Electronic Evidence, Steve Coughlan

Articles, Book Chapters, & Popular Press

Canada is a bilingual and bi-jurisdictional country. Most provinces and territories are mainly English speaking and have common law as the basis for their legal system. The exception is the province of Quebec which is governed by civil law and where the majority speaks French. However, it must be noted that Quebec civil law has been substantially affected by common law, in particular with respect to discovery rules. The latter are closer to common law discovery rules than they are from, for instance, French civil law. Another important factor for the review of the management of digital evidence in Canada …

Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum

Richmond Journal of Law & Technology

Sexual exploitation of children is a real and disturbing problem. However, when it comes to the sentencing of child pornography possessors, the U.S. federal system has a problem, as well. This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion—computers and the Internet—and their role in changing the realities of child pornography possession. This Article argues that computers and the Internet are …

A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel

Richmond Journal of Law & Technology

Although not constitutionally required, it has become considerably more commonplace for law enforcement to electronically record a suspect’s custodial interrogation. This includes a complete recording, beginning with the advice of rights and continuing through the end of the interrogation. In fact, society now recognizes it as a useful, if not necessary, tool for law enforcement.

Protecting The Children: Challenges That Result In, And Consequences Resulting From, Inconsistent Prosecution Of Child Pornography Cases In A Technical World, Francis S. Monterosso

Richmond Journal of Law & Technology

Of all the sinister things that Internet viruses do, this might be the worst: They can make you an unsuspecting collector of child pornography. Heinous pictures and videos can be deposited on computers by viruses—the malicious programs better known for swiping your credit card numbers. In this twist, it’s your reputation that’s stolen. Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear they’ll get caught. Pranksters or someone trying to frame you can tap viruses to make it appear that you surf illegal Web sites. Whatever the motivation, you get child porn on your computer—and …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Robert Michaux

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2009–2010 academic year. In this issue, we explore the ever expanding duties of counsel responsible for electronically stored information, the application of 3D imaging technology to improve arson investigation, and the need for expanding copyright protection over the lawless Darknet.

The Expanding Duties Of Esi And In-House Counsel: Providing Defensible Preservation And Production Efforts After Swofford V. Eslinger, David W. Degnan

Richmond Journal of Law & Technology

As a general rule, companies and government agencies should plan for preservation and production before litigation is probable. This means having a document retention program. These programs ensure that documents are retained or deleted in an orderly fashion. If a company properly follows its policies and procedures, this retention program acts as a “shield” against the incomplete preservation of relevant (or “hot”) documents deleted before the proper initiation of a litigation hold. If parties do not follow, or inconsistently follow, such a program, they might have to explain what happened to a missing relevant document. Thus, a retention program might …

The Darknet: A Digital Copyright Revolution, Jessica A. Wood

Richmond Journal of Law & Technology

We are in the midst of a digital revolution. In this “Age of Peer Production,” armies of amateur participants demand the freedom to rip, remix, and share their own digital culture. Aided by the newest iteration of file sharing networks, digital media users now have the option to retreat underground, by using secure, private, and anonymous file sharing networks, to share freely and breathe new life into digital media. These underground networks, collectively termed “the Darknet[,] will grow in scope, resilience, and effectiveness in direct proportion to [increasing] digital restrictions the public finds untenable.” The Darknet has been called the …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the first issue of the 2010–2011 academic year. This issue addresses topics ranging across the legal and technological spectrums, and tackles subject matter at the forefront and future of legal debate.

The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg

Richmond Journal of Law & Technology

Prostitution is often referred to as “the world’s oldest profession.” It is defined as “[t]he act or practice of engaging in sexual activity for money or its equivalent.” As a service industry, it fulfills specific human desires. Nevertheless, most states condemn and criminalize both the act of prostitution and those who solicit such services.

Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Publications

Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …

Sovereignty In The Age Of Twitter, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

To a degree unimaginable even as recently as twenty-five years ago, people all over the world can communicate with each other easily, cheaply, and frequently, with the concomitant result that people learn more about what is happening elsewhere in the world and even in their own countries. Governments can no longer control information flow nearly to the extent that was once possible, and that has enabled people outside of government to know much more about what government is doing and to know it considerably sooner than might otherwise have been the case. That availability of information is changing the nature …

Time For An Upgrade: Amending The Federal Rules Of Evidence To Address The Challenges Of Electronically Stored Information In Civil Litigation, Jonathan L. Moore

Law Student Publications

In recent years, electronically stored information (ESI) has begun to play an increasingly important role in civil litigation. Although the e-discovery amendments to the Federal Rules of Civil Procedure in 2006 provided guidelines for the discovery of this information, no accompanying changes were made to the Federal Rules of Evidence to govern the admissibility of this information at trial. This article outlines the vastly different ways courts have addressed this problem in three areas: authentication, hearsay, and the best evidence rule. After discussing the various approaches courts take in these areas, this article proposes specific amendments to the Federal Rules …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.

The World Wide Web: Not So World Wide After All?, Allison Lockhart

Public Interest Law Reporter

No abstract provided.

Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm

Maryland Law Review

No abstract provided.

Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale

Faculty Scholarship

No abstract provided.

Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

Sexual exploitation of children is a real and disturbing problem. However, when it comes to the sentencing of child pornography possessors, the U.S. federal system has a problem, as well. This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion—computers and the Internet—and their role in changing the realities of child pornography possession. This Article argues that computers and the Internet …