Old Laws/New Media

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Topic Owners: Shubham Mukherjee, Debbie Rosenbaum, Matt Sanchez

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Premise This topic concerns the tension that occurs when we attempt to apply old laws to new media (i.e., digital content distributed over the Internet). The discussions in this session should provide a useful legal perspective on the societal issues addressed in the sessions regarding music, news, and other communications media.

The class will be split into two parts.

  • First, it will introduce/reacquaint the class with the legal issues that arise in connection with new media technologies. The Internet and other digital media raise a number of questions about communication law and policy: Should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? How have the courts, Congress, and other lawmaking bodies responded to new media technologies? What regulatory regime is emerging, if any, to govern new media? We will use the Joel Tenenbaum lawsuit as a case study, in conjunction with Professor Charles Nesson, to raise this questions. Articles about Joel's case can be found at Computer World, here, and here.
  • Second, looking beyond individual cases and policies, the class will explore general relationships between technological change and the law. What drives changes in laws that govern media technologies? How do old media industries use their influence to shape laws that affect new media? What characteristics of the legal systemespecially the dynamics of litigation and congressional lawmakingaffect society's response to new media? What's the role of citizen activists in shaping laws? How does social science research (e.g., studies about the effects of new media) bear on legal decisions?

During the second part of class, we'll be guided by the series of questions we've posted below.

You'll want to coordinate with the publication and journalism weeks if possible. JZ 05:16, 16 December 2008 (UTC)

Questions of the week

  • How has new media affected traditional communications and media industries and challenged traditional law? Consider Sony
  • Given what we've learned from the RIAA situation with Joel Tenenbaum, should new media be treated like one of the traditional media (print, broadcasting, or common carriers), a hybrid, or something entirely new? Consider Tenenbaum filings.
  • What regulatory regime should emerge to govern new media? i.e. Do we apply old laws to new technologies, or do we create new regulations? Consider MGM and DMCA.
  • How can we create sound policy that aligns with both traditional legal and moral aspirations while according with today's technological realities? Consider Reno v. ACLU.
  • Other questions to consider:
    • What IS new media? Consider Lessig article.
    • How do we deal with the fact that there is little legal infrastructure that takes into account today's new media and technological environments?

Tentative ideas for topics

  • Copyright law (e.g., recording industry's litigation campaign against filesharing) (including the specific example of Sony BMG v. Tenenbaum, a federal file-sharing case the three of us are working on with Professor Charles Nesson, co-founder of the Berkman Center)
  • Speech-related law (e.g., defamation, anonymous speech rights)
  • Privacy laws


Guests

  • Google Telecom Lawyer Rick Whitt (invitation extended)
  • Google Antitrust Lawyer Dana Wagner (invitation extended)
  • Berkman Center's David Ardia, who runs the Citizen Media Law Project
  • Cary Sherman of RIAA
  • Professor Charles Nesson (invitation extended)
  • Public Citizen Litigation Group Attorney Paul Alan Levy
  • Electronic Frontier Foundation Attorney Fred Von Lohmann


Readings for Class

Possible Tools

Music Downloading Agents to Preview

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