Cyberlaw/Day 3

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The Net Security Problem

  • Is it just about viruses, or does it raise a more fundamental problem?

Defamation overview

  • Defamation = false statement + conveyed to 3rd party + harm to reputation of π
  • Remedies:
    • Damages
    • Injunctions (worrisome, given 1st Amendment implications)

On to intermediaries

  • Hourglass architecture
  • Cloud
  • types of intermediaries:
    • publisher
      • liability here = Pottery Barn rule. You take responsibility for what's offered to you by a third party. You (e.g., a newspaper) are on the hook for publishing a letter to the editor as if you had drafted it yourself. There's some wiggle room if you properly frame the defamatory material. But generally this creates a pretty strict editing regime.
    • bookseller/distributor
      • liability here = much harder to apply. Unless you're in a situation where the distributor is clearly on notice that they're selling defamatory material, you're pretty safe.
  • What to ask of intermediaries? (See Officer Mason example, from Small Town Justice.)
    • (1) Stand in the shoes of bad people.
    • (2) Help identify the bad people.