Law's Role in Regulating Online Conduct and Speech: Difference between revisions

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What is law's role in regulating online conduct and speech?  At this point in the course you should be ready to tackle this question from a number of different perspectives. In this class we will be begin to explore what role law is ''capable'' of playing as well as what role it ''should'' play.  Remember John Perry Barlow's [http://www.cs.mu.oz.au/~zs/decl.html Declaration of Independence of Cyberspace] which you read earlier in the course?  Has his view been borne out? 
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<big>'''Syllabus'''</big>
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* [[Politics and Technology of Control: Introduction|Jan 24]]
* [[Paradigms for Studying the Internet|Jan 31]]
* [[New Economic Models|Feb 7]]
* [[Peer Production and Collaboration|Feb 14]]
* [[Collective Action and Decision-making|Feb 21]]
* [[New and Old Media, Participation, and Information|Feb 28]]
* [[Law's Role in Regulating Online Conduct and Speech|Mar 6]]
* Mar 13 - ''No class''
|
* [[Regulating Speech Online|Mar 20]]
* [[Internet Infrastructure and Regulation|Mar 27]]
* [[Copyright in Cyberspace|Apr 3]]
* [[Control and Code: Privacy Online|Apr 10]]
* [[Internet and Democracy|Apr 17]]
* [[Internet and Democracy: The Sequel|Apr 24]]
* [[Cybersecurity and Cyberwarfare|May 1]]
* [[Final Project|May 8]] - ''No class''
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'''March 6'''


The sources of Internet law are many, from intellectual property to tort to the First Amendment.  Throughout today's class, we’ll tie the doctrines together with three themes:
What is law's role in regulating online conduct and speech?  At this point in the course you should be ready to tackle this question from a number of different perspectives. In this class we will begin to explore what role law is ''capable'' of playing as well as what role it ''should'' play.  Remember John Perry Barlow's [http://www.cs.mu.oz.au/~zs/decl.html Declaration of Independence of Cyberspace] which you read earlier in the course?  Has his view of law's limited role been borne out?  The sources of law impacting online conduct and speech are many, from intellectual property to tort to the First Amendment.  Throughout today's class, we’ll tie the legal doctrines together with three themes:


* How regulation changes when it’s carried out by computers, rather than by people.
* How regulation changes when it’s carried out by computers, rather than by people.
* Whether going online increases or decreases government control.
* Whether going online increases or decreases government control.
* The new kinds of power possessed by online intermediaries.
* The new kinds of power possessed by online intermediaries.
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== Readings ==
== Readings ==


[http://www.cs.mu.oz.au/~zs/decl.html John Perry Barlow, A Declaration of Independence of Cyberspace]
* [http://cyber.law.harvard.edu/is2011/sites/is2011/images/JohnsonPost.pdf David Johnson & David Post, Law and Borders] (excerpts)
[http://cyber.law.harvard.edu/is2011/sites/is2011/images/JohnsonPost.pdf David Johnson & David Post, Law and Borders] (excerpts)
 
* [http://cyber.law.harvard.edu/is2011/sites/is2011/images/Kerr.pdf Orin Kerr, The Problem of Perspective in Internet Law] (excerpts)
 
* [http://www.wired.com/wired/archive/8.07/haven_pr.html Simson Garfinkel, Welcome to Sealand, Now Bugger Off, Wired (July 2000)]


* [http://cyber.law.harvard.edu/is2011/sites/is2011/images/Yahoo.pdf Yahoo! Inc v. La Ligue Contra Le Racisme, 433 F.3d 1199 (9th Cir. 2006)]


== Optional Readings ==
== Optional Readings ==
* [http://www.ejiltalk.org/in-the-dock-in-paris/ Prof. Joseph Weiler: In the Dock, in Paris]
* [http://www.salon.com/technology/dan_gillmor/2010/12/03/the_net_s_soft_underbelly/index.html Salon: Online, the censors are scoring big wins]
* [https://www.eff.org/deeplinks/2010/12/amazon-and-wikileaks-first-amendment-only-strong EFF: Amazon and WikiLeaks - Online Speech is Only as Strong as the Weakest Intermediary]
* David Ardia, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1689865 Reputation in a Networked World: Revisiting the Social Foundations of Defamation Law] (Part IV)
* James Grimmelmann, [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1760151 Sealand, HavenCo, and the Rule of Law]
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== Videos Watched in Class ==
== Videos Watched in Class ==

Latest revision as of 19:24, 17 November 2011

Syllabus


March 6

What is law's role in regulating online conduct and speech? At this point in the course you should be ready to tackle this question from a number of different perspectives. In this class we will begin to explore what role law is capable of playing as well as what role it should play. Remember John Perry Barlow's Declaration of Independence of Cyberspace which you read earlier in the course? Has his view of law's limited role been borne out? The sources of law impacting online conduct and speech are many, from intellectual property to tort to the First Amendment. Throughout today's class, we’ll tie the legal doctrines together with three themes:

  • How regulation changes when it’s carried out by computers, rather than by people.
  • Whether going online increases or decreases government control.
  • The new kinds of power possessed by online intermediaries.




Readings

Optional Readings


Videos Watched in Class

Class Discussion

Links

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