Law And Disorder In Cyberspace

Huber (Manhattan Institute for Policy Research) recounts the history of telecommunications and its regulation over the last century, arguing that the FCC should have been abolished years ago because it has protected monopolies, over priced services, curtailed free speech, and undermined privacy. He proposes that sensible telecommunications policies evolve through common law and not through government imposition of inflexible regulatory mandates. For general readers. Annotation copyrighted by Book News, Inc., Portland, OR

Although Law and Disorder in Cyberspace gets a great deal right in boldly proposing to abolish the FCC and rely on common law courts to regulate the telecosm, an untenable distinction between the process and substance of common law runs through the text. That fundamental flaw opens a rift through which creep a number of lesser errors. Peter Huber accords antitrust law, despite its reliance on legislation and inconsistency with common law proper, inexplicable deference. In an analysis aggravated by suspect claims about the history of telecommunications, he promotes mandatory interconnection at the expense of property and contract rights. Contrary to Huber's account, moreover, common law consistently excused telephone companies from any general obligation to carry their competitors' traffic. I thus suggest that we liberate telephone companies from mandatory interconnection by letting them buy back full rights to their facilities. Law and Disorder in Cyberspace mischaracterizes copyright as an agreeable child of common law. To the extent that copyright represents a response to market failure, it perhaps infringes on common law rights for good reason. But infringe it does. I thus propose that copyright retreat where common law rights suffice to encourage creative expression. Although Huber correctly diagnoses the collectivism afflicting wireless communications policy, his preferred treatment - ownership in fee simple of the spectrum - contains a dangerously high a dose of property rights. I offer the more gentle common law solution of treating rights to the spectrum like rights to trademarks. In closing, I raise a defense on Huber's behalf: Perhaps advanced telecommunications will so improve common law's processes as to correct its substantive errors. Law and Disorder in Cyberspace does not explore that somewhat speculative counterargument, however, leaving the text with troubling, if ultimately instructive, defects.

The bestselling cyberpunk author “has produced by far the most stylish report from the computer outlaw culture since Steven Levy’s Hackers” (Publishers Weekly). Bruce Sterling delves into the world of high-tech crime and punishment in one of the first books to explore the cyberspace breaches that threaten national security. From the crash of AT&T’s long-distance switching system to corporate cyberattacks, he investigates government and law enforcement efforts to break the back of America’s electronic underground in the 1990s. In this modern classic, “Sterling makes the hackers—who live in the ether between terminals under noms de net such as VaxCat—as vivid as Wyatt Earp and Doc Holliday. His book goes a long way towards explaining the emerging digital world and its ethos” (Publishers Weekly). This edition features a new preface by the author that analyzes the sobering increase in computer crime over the twenty-five years since The Hacker Crackdown was first published. “Offbeat and brilliant.” —Booklist “Thoroughly researched, this account of the government’s crackdown on the nebulous but growing computer-underground provides a thoughtful report on the laws and rights being defined on the virtual frontier of cyberspace. . . . An enjoyable, informative, and (as the first mainstream treatment of the subject) potentially important book . . . Sterling is a fine and knowledgeable guide to this strange new world.” —Kirkus Reviews “A well-balanced look at this new group of civil libertarians. Written with humor and intelligence, this book is highly recommended.” —Library Journal

An examination of current and emerging issues in cyberlaw. This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action. Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs.

CyberLaw provides a comprehensive guide to legal issues which have arisen as a result of the growth of the Internet and World Wide Web. As well as discussing each topic in detail, the book includes extensive coverage of the relevant cases and their implications for the future. The book covers a wide range of legal issues, including copyright and trademark issues, defamation, privacy, liability, electronic contracts, taxes, and ethics. A comprehensive history of the significant legal events is also included.

Answers many of the legal questions asked by sysops and users of the Internet and bulletin board systems.

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.

Digital games have become an increasingly pervasive aspect of everyday life as well as an embattled cultural phenomenon in the twenty-first century. As new media technologies diffuse around the world and as the depth and complexity of gaming networks increase, scholars are becoming increasingly savvy in their approach to digital games. While aesthetic and psychological approaches to the study of digital games have garnered the most attention in the past, scholars have only recently begun to study the important social and cultural aspects of digital games. This study sketches some of the various trajectories of digital games in modern Western societies, looking first at the growth and persistence of the moral panic that continues to accompany massive public interest in digital games. The book then continues with what it deems a new phase of games research exemplified by systematic examination of specific aspects of digital games and gaming. Section One includes four chapters that collectively consider politics and the negotiation of power in game worlds. Section Two details the ideological webs within which games are produced and consumed. Specifically, this important section offers a critical cultural analysis of the hegemony that exists within games and its influence upon players' personal ideologies. To conclude this analysis, Section Three examines game design features that relate to players' self-characterization and social development within digital game worlds. Section Four explores the important relationship between the producers and consumers of digital games, especially insomuch as this relationship is giving rise to a community of novices and professionals who will together determine the future of gaming and--to a degree--popular culture.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches. Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality. New to the Fifth Edition: South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce. A new section devoted to Free Speech and the right to access online platforms: Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications. Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users. The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality. A new copyright section devoted to fair use. A new and reorganized Privacy chapter including: The Fourth Amendment protection of: geolocation data metadata A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations A new section on the European Union’s Genera Data Protection Regulation (GDPR) New cases discussing privacy torts and revenge porn New materials on the Computer Fraud and Abuse Act including: U.S. v. Nosal HiQ Labs, Inc. v. LinkedIn Corp. Pulte Homes, Inc. v. Laborer’s Int’l Union of North America A reorganized and updated chapter on Private Ordering including: Starke v. SquareTrade Materials on the European Union’s antitrust investigation and orders into Google and Amazon Professors and students will benefit from: Practical “real world” problems Flexible, logical organization that allows instructors to emphasize selected perspectives Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge