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 | 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: | ||
The sources of | |||
* 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. | ||
Revision as of 16:30, 21 November 2010
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
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)