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Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
ISBN: 1849806985
Category : Law
Languages : en
Pages : 337
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Book Description
As the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.
Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
ISBN: 1849806985
Category : Law
Languages : en
Pages : 337
Get Book Here
Book Description
As the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.
Author: Richard A. Spinello
Publisher: Jones & Bartlett Publishers
ISBN: 1449688411
Category : Business & Economics
Languages : en
Pages : 250
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Book Description
This fully revised and updated fifth edition offers an in-depth and comprehensive examination of the social costs and moral issues emerging from ever-expanding use of the Internet and new information technologies. Focusing heavily on content control, free speech, intellectual property, and security, this book provides legal and philosophical discussions of these critical issues. It includes new sections on Luciano Floridi's macroethics, gatekeepers and search engines, censorship, anti-piracy legislation, patents, and smartphones. Real-life case studies, including all-new examples focusing on Google, Facebook, video games, reader's rights, and the LulzSec Hackers, provide real-world context. --
Author: Richard Spinello
Publisher: Jones & Bartlett Publishers
ISBN: 0763795127
Category : Computers
Languages : en
Pages : 256
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Book Description
Revised and updated to reflect new technologies in the field, the fourth edition of this popular text takes an in-depth look at the social costs and moral problems that have emerged by the ever expanding use of the Internet, and offers up-to-date legal and philosophical examinations of these issues. It focuses heavily on content control, free speech, intellectual property, and security while delving into new areas of blogging and social networking. Case studies throughout discuss real-world events and include coverage of numerous hot topics. In the process of exploring current issues, it identifies legal disputes that will likely set the standard for future cases. Instructor Resouces: -PowerPoint Lecture Outlines
Author: Lyombe S. Eko
Publisher: Lexington Books
ISBN: 0739181130
Category : Language Arts & Disciplines
Languages : en
Pages : 301
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Book Description
This volume explores the sameness and difference between the United States and France in the matters of freedom of expression on the Internet. The United States and France are liberal democracies that are part of the Western family of nations. However, despite their many similarities, they have a number of cultural and ideological differences. The United States is generally France’s ally in time of war and its cultural nemesis in time of peace. One of the reasons for this unusual relationship is that the United States and France are self-described “exceptional” countries. The United States and France are therefore two Western countries separated by different exceptionalist logics. Lyombe Eko uses this concept of exceptionalism as a theoretical framework for the analysis of American and French resolution of problems of human rights and freedom of expression in the traditional media and on the Internet. This book therefore analyzes how each county applies rules and regulations designed to manage a number of issues of media communication in real space, to the realities and specificities of cyberspace, within the framework of their respective exceptionalist logics. The fundamental question addressed concerns what happens when rules and regulations designed to regulate the media in clearly defined, national and regional geographic spaces, are suddenly confronted with the new realities and multi-communication platforms of the interconnected virtual sphere of cyberspace.
Author: Richard A. Spinello
Publisher: Jones & Bartlett Learning
ISBN: 1284210308
Category : Computers
Languages : en
Pages : 399
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Book Description
Cyberethics: Morality and Law in Cyberspace, Seventh Edition provides a comprehensive and up-to-date investigation of the internet’s influence on our society and our lives.
Author: Jeffrey Rosen
Publisher: Vintage
ISBN: 0307766608
Category : Political Science
Languages : en
Pages : 298
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Book Description
As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Kembrew McLeod
Publisher: U of Minnesota Press
ISBN: 9780816650316
Category : Law
Languages : en
Pages : 418
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Book Description
In 1998 the author, a professional prankster, trademarked the phrase "freedom of expression" to show how the expression of ideas was being restricted. Now he uses intellectual property law as the focal point to show how economic concerns are seriously eroding creativity and free speech.
Author: Paul Schiff Berman
Publisher: Routledge
ISBN: 1351154141
Category : Law
Languages : en
Pages : 724
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Book Description
During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change. This collection brings together many of these seminal works, which variously seek to interrogate assumptions about the nature of communication, knowledge, invention, information, sovereignty, identity and community. From the use of metaphor in legal opinions about the internet, to the challenges posed by globalization and deterritorialization, to the potential utility of online governance models, to debates about copyright, free expression and privacy, this collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era. In addition, the introductory essay both situates this work within the trajectory of law and society scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of online activity.
Author: Hannibal Travis
Publisher: Routledge
ISBN: 1135946108
Category : Law
Languages : en
Pages : 280
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Book Description
This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.
