Week 0: Class Transcripts Week 1: Jumping into the DNS Mess Week 2: Technology of Sovereignty and the Sovereignty of Technology Week 3: Peeking, Prosecuting, and P3P: The Regulation of Internet Privacy Week 4: The Harmful Speech Hot Potato Week 5: Identifying the Threads of Cyberlaw--Review and paper topic discussion Week 6: Madisonian Mudslinging Week 7: Network Economics Week 8: Whither the Middleperson? Week 9: Cheap Speech and Who Wants to Stop It Week 10: Trusted Systems: Fair Use vs. Forcefields Week 11: Law, Code, and Kids Week 12: Tying it All Together--Review Week 0: Class Transcripts Week begins 09/03/98 00:00 Session transcripts: Technology of Sovereignty and the Sovereignty of Technology Peeking, Prosecuting, and P3P: The Regulation of Internet Privacy The Harmful Speech Hot Potato Identifying the Threads of Cyberlaw--Review and paper topic discussion Madisonian Mudslinging Trusted Systems: Fair Use vs. Forcefields Law, Code, and Kids Tying it All Together--Review [top] Week 1: Jumping into the DNS Mess Week begins 09/04/98 00:00 The domain name system may seem arcane, but it's now thought to be one of the keys to profit and power on the internet. The lure of both has tranformed domain names from a backwater technical mnemonic to a hotly contested political battle with unclear boundaries and lines of authority. The readings are designed to give an lay overview of domain names while cutting to the technical and political dynamics that make them so interesting right now. The transcript is from last year's Internet & Society seminar; with luck, little is lost in the paperfication of that session. Don't worry if the first bit seems choppy or even incomprehensible at first; the recording started a little late so the document begins in mid-stream. Shaw's article pretty nicely lays out the problems that have popped up and alternative solutions (and with it, you can amaze your friends by being able to name the other "generic top level domains" besides .com, .org, .net, and .edu), at least up to the time it went to press. The Paulsen piece is probably best read first--it's the most accessible, even if not wholly accurate. The White Paper is intended as the beginning of a solution, and features the unusual sight of a government explicitly announcing that it wants out of something that it currently claims to control and potentially profit from. Primary Reading—History of the DNS Mess: Transcript of Dialogue Between Jonathan Zittrain and Dave Clark, Oct. 7, 1997. Robert Shaw, Internet Domain Names: Whose Domain is This?, in Coordination and Administration of the Internet (Brian Kahin and James Keller eds., 1997). (See distribution #1, available at the distribution center.) Monte Paulsen, Raiders of the Last Ark, New Haven Advocate. United States Department of Commerce White Paper on Management of Internet Names and Addresses, June 5, 1998. Optional Background Reading: ACLU v. Reno, 929 F.Supp. 824 (E.D. Pa. 1996) (findings of fact and Dalzell opinion). This is a district court opinion from the famous "Communications Decency Act" case. Most useful in this opinion is a lay description of the internet--including a series of "isisms" that suggest that the structure of the Net is immutable. Barry M. Leiner et al., A Brief History of the Internet Robert H. Zakon, Hobbes' Internet Timeline v3.3 [top] Week 2: Technology of Sovereignty and the Sovereignty of Technology Week begins 09/10/98 23:59 Session Transcript Primary reading: Neil Postman, Technopoly: The Surrender of Culture to Technology, ch. 1-5, 10-11 (1992). Gouvernement de Quebec, Office de la langue francaise The Charter of the French Language, Preamble and Title I The Charter of the French Language and Web Sites FAQ David Jones, Humourless Technocrats Reign on Infobahn, The Convergence. France's language law Geogia Institute of Technology, Press Release, "French Judge Rules in Favor of Georgia Tech Lorraine." Recommended reading: David R. Johnson & David G. Post, Law and Borders--The Rise of Law in Cyberspace, 48 Stan. L. Rev. 1367 (1996). [top] Week 3: Peeking, Prosecuting, and P3P: The Regulation of Internet Privacy Week begins 09/17/98 17:59 Session Transcript All of this week's readings are reprinted in Distribution #3. Primary Reading FTC, Privacy Online: A Report to Congress, June 1998, parts I & V (skim). FTC Press Release on Settlement with Geocities FTC Letter on KidsCom KidsCom site (be sure to read the privacy statement) P3P and Privacy on the Web FAQ Connie Guglielmo & Will Rodger, "Can Net Privacy Coexist with E-Commerce?," Interactive Week Online, Dec. 17, 1997 Joel R. Reidenberg, Lex Infomatica, 76 Tex. L. Rev. 553 (1997). James Boyle, Foucault in Cyberspace (1997). Recommended Reading David Brin, The Transparent Society, Wired, Dec. 1996. Michael Adler, Cyberspace, General Searches, and Digital Contraband: The Fourth Amendment and the Net-Wide Search, 105 Yale L.J. 1093 (1996). [top] Week 4: The Harmful Speech Hot Potato Week begins 09/24/99 17:59 Session Transcript All of this week's readings are reprinted in Distribution #3. Jonathan Zittain, The Rise and Fall of Sysopdom, 10 Harv. J. L. & Tech. 495 (1997). Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997). 47 U.S.C. 230. Carl S. Kaplan, Echoes of the Railroad Age in AOL Decision, Cyber Law Journal, July 3, 1998 (free registration required). Blumenthal v. Drudge, 992 F.Supp. 44 (D.C.D.C. 1998). Judson Branam, Student with On-Line Fantasy Can't Go to Class, Feb. 7, 1995. [top] Week 5: Identifying the Threads of Cyberlaw--Review and paper topic discussion Week begins 10/01/98 17:59 Session Transcript Review; continue brainstorming on paper topics. You can post ideas to the discussion group or email zittrain@law with specific questions. [top] Week 6: Madisonian Mudslinging Week begins 10/08/98 10:00 Session Transcript To view paper topics from last year's seminar, go to this page. All of this week's readings, except those marked with an asterisk, are available in Distribution #3. Cass R. Sunstein, Democracy and the Problem of Free Speech 17-51 (1993). Andrew L. Shapiro, Street Corners in Cyberspace, Nation, July 3, 1995, at 10. Red Lion Broad. Co. v. FCC, 395 U.S. 367 (1969). Turner Broad. v. FCC, 520 U.S. 180 (1997). Marsh v. Alabama, 326 U.S. 501 (1946). Compuserve Inc. v. Cyber Promotions, Inc., 962 F. Supp. 1015 (S.D. Oh. 1996). Cyber Promotions, Inc. v. America Online, 948 F. Supp. 436 (E.D. Pa. 1996). Amy Harmon, Hacker Group Commandeers Times Web Site, The New York Times on the Web, Sept. 14, 1998. (Free registration required.) *Electronic Disturbance Theater *EDT Letter to Supporters *Molly Shaffer Van Houweling, "State Action in Cyberspace." (Distribution #4, available in the distribution center after class Oct. 8.) [top] Week 7: Network Economics Week begins 10/15/98 17:59 Brian W. Arthur, Positive Feedbacks in the Economy, 262 Scientific American 92 (1990). Paul David, Clio and the Economics of QWERTY, 75 American Economic Review, 332 (1985). Stan Liebowitz & Stephen E. Margolis, Should Technology Choice Be a Concern of Antitrust Policy?, 9 Harv. J. L. & Tech. 283, selections (1996). Lotus v. Borland DoJ v. Microsoft Complaint (skim) Microsoft statement Microsoft's Chronology of Events Mark Lemley & David McGowan, Could Java Change Everything?, 520 PLI/Pat 453 (1998) Jonathan Zittrain, Keyword: Obsolete, Wired, Sept. 1998. [top] Week 8: Whither the Middleperson? Week begins 10/22/98 17:59 Required reading: The theory . . . "Disintermediation," Wired Encyclopedia of the New Economy . . . and counter-theory . . . Eric Lundquist, Quit Dissin' the Web's Middleman, PCWeek Online, July 14, 1997. TechWeb interview with Paul Saffo. Esther Dyson, Intellectual Value, Wired. Dis-Intermediation or Re-Intermediation? Examples . . . Jeffrey Ressner, "Online Flea Markets," Time, Oct. 5, 1998. ebay AOL case study Excite, Inc. case study Middleman as Big Brother? Recall, Molly Shaffer Van Houweling, "State Action in Cyberspace." Recommended reading: Joseph Bailey et al., In Search of "Friction-Free Markets": An Exploratory Analysis of Prices for Books, CDs, and Software Sold on the Internet. [top] Week 9: Cheap Speech and Who Wants to Stop It Week begins 10/29/98 16:00 J.M. Balkin, Some Realism About Pluralism: Legal Realist Approaches to the First Amendment, 1990 Duke L.J. 375, parts III & IV. Michael Madow, Private Ownership of Public Image: Popular Culture and Publicity Rights, 81 Cal. L. Rev. 127, part I (1993). White v. Samsung Electronics America, 989 F.2d 1512 (9th Cir. 1993) (Kosinski, J., dissenting). Eugene Volokh, Cheap Speech and What it Will Do, 104 Yale L.J. 1805, parts II & III (1995). Review Technopoly, ch. 10 ("The Great Symbol Drain"). Mitchell D. Kamarch, Empowering Celebrities in Cyberspace: Stripping the Web of Nude Images, 15-Wtr. Ent. & Sports Law 1 (1998). Ben Elgin, Online Barbie Hunt Draws Criticism, ZDNet, Nov. 26, 1997. The Distorted Barbie Courtney Macavinta, Scientologists in Trademark Dispute, cpipesymnet Parodies of Scientology Web Graphics Scientology home page Planned Parenthood Fed. of America v. Bucci, 1997 WL 133313 (S.D.N.Y. 1997). Jews for Jesus v. Brodsky, 993 F. Supp. 282 (D.N.J. 1998). [top] Week 10: Trusted Systems: Fair Use vs. Forcefields Week begins 11/12/98 17:59 Session Transcript Introduction to "Trusted Systems" . . . Mark Stefik, Trusted Systems, Scientific American . . . and to the trusted systems controversy . . . 17 U.S.C. 107, Fair Use Review, James Boyle, Foucault in Cyberspace (1997), especially section IV. Julie E. Cohen, A Right to Read Anonymously, 29 Conn. L. Rev. 981 (1996). Jonathan Band, Digital Millennium Copyright Act Analysis (especially Title I). Variations on the theme . . . 17 USC ch. 10, Digital Audio Recording Devices and Media (browse online) Diamond Multimedia Press Release Joe Nickell, Samples Silence Negativeland, WiredNews, Sept. 1, 1998. Listen to "U2/Negativeland: The Forbidden Single" Recommended Reading: Sony Corp. v. Universal City Studios, Inc. 464 U.S. 417 (1984). Charles C. Mann, Who Will Own Your Next Good Idea?, The Atlantic Monthy, Sept. 1998. Life Liberty and the Pursuit of Copyright, Atlantic Unbound roundtable, Sept. 1998. (browse online) [top] Week 11: Law, Code, and Kids Week begins 11/19/98 19:59 Session Transcript Declan McCullagh, "Banned in Boston" Jonathan Wallace, "CyberPatrol: The Friendly Censor" Letter from Morality in MediaOpposing the Decision by CyberPatrol to Block the American Family Association Web Site On Grounds of "Intolerance" Mainstream Loudoun v. Board of Trustees of the Loudoun County Library (memorandum opinion, April 7, 1998) Mainstream Loudoun v. Board of Trustees of the Loudoun County Library (memorandum opinion, Nov. 23, 1998) What Things Regulate Speech: CDA 2.0 v. Filtering (pdf file) Enough is Enough (browse online) Peacefire.org (browse online) Child Online Protection Act Library net filters violate free speech Background: "Internet Filtering in Public Libraries," Allison Harnisch HLS '98 (pdf file). [top] Week 12: Tying it All Together--Review Week begins 12/03/98 17:59 Session Transcript This space intentionally left blank! The last session of the course meets this week at our usual time and place. [top] Help | Make a suggestion about the website (or report a bug)