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

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* [[Politics and Technology of Control: Introduction|Jan 25]]
* [[Politics and Technology of Control: Introduction|Jan 24]]
* [[Paradigms for Studying the Internet|Feb 1]]
* [[Paradigms for Studying the Internet|Jan 31]]
* [[New Economic Models|Feb 8]]
* [[New Economic Models|Feb 7]]
* [[Peer Production and Collaboration|Feb 15]]
* [[Peer Production and Collaboration|Feb 14]]
* [[Collective Action and Decision-making|Feb 22]]
* [[Collective Action and Decision-making|Feb 21]]
* [[New and Old Media, Participation, and Information|Mar 1]]
* [[New and Old Media, Participation, and Information|Feb 28]]
* [[Law's Role in Regulating Online Conduct and Speech|Mar 8]]
* [[Law's Role in Regulating Online Conduct and Speech|Mar 6]]
* Mar 15 - ''No class''
* Mar 13 - ''No class''
|  
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* [[Regulating Speech Online|Mar 22]]
* [[Regulating Speech Online|Mar 20]]
* [[Internet Infrastructure and Regulation|Mar 29]]
* [[Internet Infrastructure and Regulation|Mar 27]]
* [[Copyright in Cyberspace|Apr 5]]
* [[Copyright in Cyberspace|Apr 3]]
* [[Control and Code: Privacy Online|Apr 12]]  
* [[Control and Code: Privacy Online|Apr 10]]  
* [[Internet and Democracy|Apr 19]]
* [[Internet and Democracy|Apr 17]]
* [[Internet and Democracy: The Sequel|Apr 26]]
* [[Internet and Democracy: The Sequel|Apr 24]]
* [[Cybersecurity and Cyberwarfare|May 3]]
* [[Cybersecurity and Cyberwarfare|May 1]]
* [[Final Project|May 10]] - ''No class''
* [[Final Project|May 8]] - ''No class''
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'''March 8'''
'''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 [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:
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:
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* 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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== Class Discussion ==
== Class Discussion ==
Perhaps I am missing some of the complex nuances of the arguments, but to me the resolution seems straightforward.  Laws exist to govern people not machines.  The legal entities are citizens, companies and governments, not routers and servers.  Every Internet web service is a transaction between two legal entities at each endpoint with subcontractors facilitating the transport.  The Internet or, more precisely, the collection of independent service providers that comprise the Internet, should be regulated in the same manner that all domestic and foreign commerce is managed today.  Germany, for example, requires every German web site to include an "impressum" page listing the legal owner of the site and contact information.  Just as it is more complex to import and export goods across national boundaries, we should expect similar complexities with transnational web services.  Whether or not we agree with the laws of a particular sovereign nation, it seems prudent that international law should preside in cyberspace as surely as anywhere else on the planet. [[User:ChrisSura|-Chris Sura]] 03:12, 7 March 2011 (UTC)
Hi. I just want to encourage anyone who hasn't yet read the optional reading by Grimmelmann on the fate of HavenCo to do so; it's a terrific read. I find the central irony of the piece - essentially that HavenCo, ostensibly an organization devoted avoidance of the law, was actually heavily dependent on the rule of law to operate, and that lack of law, not the opposite, is what ultimately destroyed HavenCo - to be fascinating. [[User:BrandonAndrzej|BrandonAndrzej]] 04:17, 8 March 2011 (UTC)
Like any good reader of mystery novels who once hooked into the plot flips to the back of the book to discover the ending, my curiosity forced me to google what happened to HavenCo and Sealand.  Found http://www.theconstitutional.org/2011/02/15/sealand-and-havenco-part-ii-the-rise-and-fall-of-havenco/.  Will take Brandon's suggestion and read the optional reading on the subject, but for the quick answer here it is.  [[[[User:Sjennings|sjennings]] 14:55, 8 March 2011 (UTC)]]
I was truly inspired by Orin Kerr's The Problem of Perspective in Internet Law. Someone who is deeply curious about Internet Law has to read this review! The basic legal principle of application of law based on fact raises a fundamental question within Internet Law. The most critical issue of current digital law is not how to list all the newly created technologies but on which perspective we are going to observe the case and apply laws. The view points of users and outsiders can be very tricky but need to be clarified for more accurate legal judgment. I would love to read the rest of this review and other related topics so that I develop better insights in analyzing Internet controversies. --[[User:Yu Ri|Yu Ri]] 15:20, 8 March 2011 (UTC)


== Links ==
== Links ==

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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