Law's Role in Regulating Online Conduct and Speech
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 Declaration of Independence of Cyberspace which you read earlier in the course? Has his view been borne out?
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:
- 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
David Johnson & David Post, Law and Borders (excerpts)
Orin Kerr, The Problem of Perspective in Internet Law (excerpts)
Simson Garfinkel, Welcome to Sealand, Now Bugger Off, Wired (July 2000)
Yahoo! Inc v. La Ligue Contra Le Racisme, 433 F.3d 1199 (9th Cir. 2006)