CHAPTER 13. PATENT LAW AND THE INTERNET 83 results (showing 5 best matches)
- Patent law, like every other branch of law, is constantly in the process of evolving in response to the Internet. The Internet’s blurring of national boundaries creates a variety of new dilemmas for every branch of intellectual property law. As this hornbook has demonstrated in each chapter, the Internet is transforming basic assumptions about the nature of intellectual property, civil liability, contract law, content regulation, criminal law, and civil procedure. Each chapter of this hornbook confirms the need for global solutions because the Internet is a cross-border legal environment. The global Internet’s cross-border legal environment has created inevitable conflicts of law and new legal dilemmas for companies with legal aspirations. Global Internet Law must become a moving stream rather than a stagnant pool, evolving to meet the new risks and dangers in the twenty-first century’s age of information. Travelers on the World Wide Web require uniform procedural and substantive...
- “To put the matter more succinctly, the claims inform a relevant audience about certain laws of nature; any additional steps consist of well understood, routine, conventional activity already engaged in by the scientific community; and those steps, when viewed as a whole, add nothing significant beyond the sum of their parts taken separately.” To be patent eligible, an application of a natural law “must do more than simply state the law of nature while adding the words “apply it.” demonstrates its willingness to scrutinize patent process claims in other contexts such as the e-business patents or Internet-related patents. After , patented process that focuses upon use of natural law must also contain other elements or combination of elements, sometimes referred to as “inventive concept,” sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the natural law itself. These cases and statutory developments discussed in this chapter reflect the...
- Court ruled that federal courts must now weigh four factors before issuing an injunction: (1.) that the plaintiff has suffered an irreparable injury; (2.) that remedies available at law are inadequate to compensate for that injury; (3.) that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4.) that the public interest would not be disserved by a permanent injunction. The Courts finding that permanent injunctions are subject to the ordinary rules governing equitable relief means that relief is discretionary, as opposed to issued routinely. The upshot of the decisions is that the owners of Internet patents will not be able to rely upon a presumption that an injunction would issue to enjoin infringing activities, which was the Federal Court’s long-standing practice. Injunctive relief is critically imperative in Internet-related patent litigation because of the rapidity with which online businesses can attain market share....
- Dan Burk was the first scholar to address the dilemmas of dissolving “geographic, political, and temporal barriers made possible by global computer networks may pose a new challenge to the operation of U.S. patent law—a challenge not yet fully realized and likely impossible for the framers of the present patent code to anticipate, but a challenge whose parameters can already be seen. Differences between the laws of jurisdictions mean that network users run the risk of violating the law in one country or another.”
- An estimated 11,000 patents cover Internet-related business methods. Patent law vests the patentee with a limited monopoly interest to make, use, and sell the invention or discovery. A patent is a “right to exclude others from making, using and selling his invention during the term of the patent.” A patent applicant must demonstrate its invention, as a whole is useful and accomplish a practical application. That is, it must produce a “useful, concrete and tangible result.” Patent owners will license or assign their exclusive rights to others. Patent law protection is territorial, while the Internet is borderless. The path of patent law was prefigured “in England in 1624, and in this country with the adoption of our Constitution.” The U.S. Constitution grants Congress the power “to promote the progress of science and useful arts, by securing for limited times to … inventors the exclusive right to their respective … discoveries.”
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CHAPTER 2. PERSPECTIVES ON GLOBAL INTERNET LAW 440 results (showing 5 best matches)
- A few global Internet law books that one would discover by running a WorldCat search include:
- The list of resources that specifically cater to foreign Internet case law and regulatory developments are extensive. There are also a number of general international, computer, technology, and IP law reviews, journals and databases that now include comparative or foreign Internet-related articles. A few noteworthy specialized publications deal with international Internet legal developments on a regular basis. Among the best resources are:
- For the first two decades of Internet law, academics, courts, and policymakers acted as if there was an invisible rope anchoring it to the United States. The thesis of each chapter of this Global Internet Law hornbook is that the Internet is a changing risk environment that requires lawyers to have an understanding of radically different legal cultures. In reality, countries connected to the Internet follow one of three basic traditions: civil law, the common law, and some form of theocracy. Lawyers of the twenty-first century will need an understanding of theocratic legal traditions if a company is doing business in countries where there is no separation of church and state. Counsel must also comply with civil law traditions, as most countries connected to the Internet do not follow a U.S. style common law. The civil-law system in Europe, for example, includes diverse legal systems derived from Scandinavian law, Germanic law, Roman law, as well as canon law. In other words, counsel...
- The U.S. has long enacted the largest number of specialized statutes dealing with e-commerce and Internet conduct to accommodate the law to information technologies. The Internet is, by its very nature, a global phenomenon. Enormous conflict of law issues arise since the user seamlessly crosses national borders, without tollgates or even user awareness.
- For a complete guide to researching global Internet law,
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CHAPTER 1. OVERVIEW OF THE GLOBAL INTERNET 262 results (showing 5 best matches)
- Where should I begin in explaining a topic as vast as global Internet law? There is an inherent problem in writing about the omnipresent Internet. The Internet, which is continuously in the process of becoming, is a moving stream, not a stagnant pond. The Internet is relentlessly transforming all aspects of law. Business lawyers, intellectual property attorneys, criminal defense lawyers, administrative lawyers, and nearly every other practice requires familiarity with evolving Internet law. All lawyers need a basic understanding of Internet law and to keep up with case law and statutory developments. The Second Circuit explained the unique issues of Internet-related developments as “attempting to apply established trademark law in the fast-developing world of the Internet is somewhat like trying to board a moving bus.”
- Chapter 7 will examine the consequences of ubiquitous computing enabled by the Global Internet. The next chapter will explore the issue of who should regulate the Internet and its latest iteration of IoT. Chapter 2 examines the problems of governance and how multistakeholder models have evolved to create today’s open Internet. In evaluating the theories of Internet governance, it is unclear who represents those that are not yet part of the Global Internet.
- Historians of the Internet will agree that the technology for a global system of interconnected computer networks reached its takeoff point in the 1990s. The NSF describes the 1990s as the decade when the world went online. Cooperative efforts and the vision of creative minds in both the U.S. government and private corporations shaped the evolution of the Internet as a technology accessible to all Americans. The Internet was not assimilated into the mass culture until the mid-1990s when the World Wide Web went online. For the past fifteen years, cyberspace law has been undergoing extraordinary development and challenging core assumptions in every branch of global law. “Change and flux are the law of life; they are also the life of the law. We live in a dynamic world; it would be strange, indeed, if the law—a reflection of life itself—were static and unchanging.”
- On August, 29, 2015, there were 3.2 billion Internet users and the number will be even greater by the time you read this passage. Global Internet traffic, made possible by “interchange exchange points,” (IXPs), will quadruple from “2010 to 2015, reaching 966 exabytes per year.” “Last year’s mobile data traffic (2014) was nearly 30 times the size of the entire global Internet in 2000. One exabyte of traffic traversed the global Internet in 2000, and in 2014 mobile networks carried nearly 30 exabytes of traffic.”
- Courts and legislatures must continually update the law to accommodate the rapidly evolving Internet. Business lawyers, intellectual property attorneys, criminal defense lawyers, administrative lawyers, and lawyers from nearly every other practice area require familiarity with evolving Internet law. All lawyers need a basic understanding of Internet law and to keep up with developments. It is not just U.S. lawyers that need to keep up with Internet developments and understand the technologies. Internet Law can no longer be U.S. centric if lawyers are to represent their clients. A U.S. company with 24/7 e-commerce business must understand and comply with consumer law, competition law, and regulations in every country where they do business. Internet law is rapidly evolving in mature markets and is just beginning to evolve in less developed countries. The global perspective for Internet is important because the problems created by this disruptive technology frequently cross national...
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CHAPTER 12. TRADE SECRETS IN CYBERSPACE 42 results (showing 5 best matches)
- Consequently, during the development of an Internet-related business, trade secret protection is critically important to prevent competitors and third parties from misappropriating the fruits of their investment. Trade secret law is difficult to export to the Internet because the law has traditionally been state law. Courts conceptualized trade secret misappropriation as a business tort in the nineteenth century and through much of the twentieth century. This chapter reviews Internet-related trade secrets in a global perspective.
- Global Internet law has been slow to adopt cross-border remedies for the misappropriation of trade secrets. Internet businesses must be concerned with the international protection of intellectual property. Congress enacted the Economic Espionage Act (EEA) in 1996 to criminalize the misappropriation of trade secrets. In the first decade of EEA prosecutions, the U.S. Department of Justice did not file a single case against a hacker stealing trade secrets by “exploiting known software defects” during an Internet transmission. Prior to the EEA, prosecutors pursued the theft of trade secrets by using existing law such as the 1934 National Stolen Property Act, which was intended to punish thieves who also fled across state borders in automobiles. While the National Stolen Property Act applied to tangible goods, it was not clearly applicable to the unauthorized transfer of intangibles such as intellectual property. Congress enacted the EEA to bridge that gap in trade secret law by creating...
- § 12.4 Trade Secrets in a Global Internet
- § 12.4 Trade Secrets in a Global Internet
- The power of computer technology has increased exponentially, resulting in more powerful means for the theft and transfer of proprietary information. The rapid growth of the Internet is a reflection of this boom. In fact, the corollary is also true: the Internet is now a tool for the destruction of trade secret assets. This chapter examines Internet-related trade secret issues. Trade secret misappropriation, whether direct or contributory, is essentially a tort and implies the invasion of some legally protected right of the owner. Trade secrets protection and the remedy of misappropriation give the trade secret owner a competitive advantage. The common law of trade secrets was first conceptualized as a business tort in the nineteenth century. Today, trade secrets are classified as a branch of IP rooted in tort law and the law of contracts. The emblem of a trade secret is that “some element must be unknown to the public.” ...Internet companies, confidential information such as...
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CHAPTER 3. CIVIL PROCEDURE IN CYBERSPACE 91 results (showing 5 best matches)
- An Internet presence automatically creates an international presence, triggering the potential for cross-border litigation. Clearly, global internet law requires harmonized jurisdictional rules. U.S. courts “cannot assert extraterritorial jurisdiction over a foreign national simply on the basis that the foreign national’s website contains images or data that violate the forum state’s laws and that are accessible to users within the forum state.” The Internet is a new realm without a sovereign or international treaty establishing the ground rules governing Internet jurisdiction. Theoretically, it is possible for a U.S. business to be sued in hundreds of forums throughout foreign countries for the same course of online conduct; however, this has yet to happen due to the barriers in filing cross-border lawsuits—a topic explored throughout this Hornbook.
- Chander argues that “jurisdiction hopping” to avoid oppressive regulations will become more common in the global electronic marketplace. The ability of Internet businesses to end-run jurisdictions is an example of why it is foolhardy to confine the study of Internet jurisdiction to the United States. This chapter begins with a close study of how U.S. courts approach cyberspace jurisdiction. Justice Oliver Wendell Holmes Jr. wrote, “The foundation of jurisdiction is physical power”—which is a territorial based concept. The borderless Internet challenges the meaning of due process and minimum contacts. The parties’ choice of law and forum clauses are contracts where the parties agree to a certain jurisdiction and the applicable law in advance. Conflict of law refers to the principles courts use in determining what law applies in a cross-border transaction. At present, there is no multilateral convention to resolve conflicts of law or choice of law for Internet, nor is there a treaty...
- When radically different legal cultures clash in the free trade zone of cyberspace, jurisdiction, choice of law and enforcement of judgment disputes are not easy to resolve. The Internet’s global legal environment makes it inevitable that “one country’s laws will conflict with another’s—particularly when a Web surfer in one country accesses content
- U.S. centric Internet law focuses on the procedural and substantive rules found in U.S. state and federal courts. The rules of civil procedure govern civil law suits and dispute resolution in U.S. state and federal courts. Federal courts in the U.S. use the Federal Rules of Civil Procedure (FRCP), while the state courts have their own rules of civil procedure. Many states model their state rules on the FRCP, with minor variations. Any system of civil procedure must have some basis for determining both whether a particular court has jurisdiction over the parties as well as and whether the parties have legal standing to file suit. All countries must revise their rules of civil procedure to account for digital or e-discovery. Because hundreds of countries are connected to the Internet, and it is not surprising that U.S. civil procedure is not the point of reference for global Internet disputes. Rules determining personal jurisdiction, subject matter jurisdiction, and the enforcement of...
- When radically different legal cultures come into contact in the free trade zone of cyberspace, jurisdictional choice of law and enforcement of judgment disputes are often intractable. The Internet’s global legal environment makes it inevitable that “one country’s laws will conflict with another’s—particularly when a Web surfer in one country accesses content hosted or created in another country.” The European Union’s Brussels Regulation creates very different jurisdictional rules in civil and commercial disputes. Anupam Chander claims that “hopping is a fundamental quality of global Internet trade,” citing the following examples: “Consider two famous examples from the past decade. KaZaa, long the leading peer-to-peer file trading system, was founded in the Netherlands by a Swede and a Dane, programmed from Estonia, and then run from Australia while incorporated in the South Pacific island nation of Vanuatu. The online gambling site PartyGaming was founded by an American lawyer and...
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CHAPTER 11. TRADEMARKS ON THE GLOBAL INTERNET 188 results (showing 5 best matches)
- Each number sequence of SLDs and TLDs domain name constitutes a unique Internet address. Because the Internet is a global network of computers, each computer connected to the Internet must have a unique address:
- IANA manages the DNSRoot Zone (assignments of ccTLDs and gTLDs), as well as the .int registry, and the .arpa zone. IANA also works with the Internet Engineering Task Force (IETF) as Internet architects in formulating new protocols necessary for the functioning of the Internet. The IETF is a large international body of “network designers, vendors and researchers concerned with the evolution of the Internet architecture and the smooth operation of the Internet.”
- Trademarks not only identify the origin of goods and services, which is the traditional function of trademarks, they also fulfill a consumer protection role in being a mark of quality. While trademark law traditionally works well in product counterfeiting cases, it is increasingly ill-fitted to the Internet. While trademark law’s core principles remain, “legal decisions directed toward the resolution of these conflicts commonly known as domain name disputes continually chip away at the viability of the historic application of trademark law.” The Internet’s disregard of geographic borders creates conflicts between concurrent users, which would never have arisen between distant companies in the purely brick-and-mortar world.
- Trademark law has evolved to address the rise of the Internet and other societal and technological developments. Trademark law was transformed in the United States by the “growth of machine-made merchandise” during the late nineteenth century and early twentieth century. This chapter examines both areas of settled law and indeterminacy for Internet-related trademark and domain name issues.
- Chapter 11, Trademarks on the Global Internet, explores the issue of whether incorporating another company’s trademarks in metatags or keywords constitute “commercial use” in an infringement action. White hat technique “such as redesigning content on a website to attract search engines are permissible under search engines’ term of service and a legitimate way to raise website’s ranking in search engine results.”
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Summary of Contents 8 results (showing 5 best matches)
CHAPTER 6. GLOBAL INTERNET TORTS 309 results (showing 5 best matches)
- (2.) Global Internet Libel Law Cases
- In many fields of global Internet law, injunctive or equitable relief is the primary objective of the plaintiff. For example, in the leading constitutional cases in cyberspace, the whole point is to enjoin enforcement of a statute. Register.com, Inc. v. Verio, Inc., 126 F. Supp. 2d 238 (S.D. N.Y. 2000) (demonstrating a likelihood of success on the merits and irreparable harm without such relief based upon contract law, trespass to chattels, and violations of computer fraud and trademark laws).
- The potential for Internet-related intentional torts in the blogosphere is staggering. Internet torts are not just old wine in new bottles but create unique injuries or harm. Each day Internet users leave digital trails that may be classified as torts or civil wrongs. Online mobs use ‘Google bombing’ to ensure that anyone searching a particular’s woman’s name will see defamatory or damaging statements. In the brick-and-mortar world, torts are largely about accident law where there is a potentially large sum of compensatory damages at stake. For most Internet-related torts, the individual plaintiff’s goal, generally, is to restore his or her reputation or peace of mind with a monetary settlement being a subsidiary concern. For corporate plaintiffs, Internet torts are primarily about protecting a company’s reputation, business, or intellectual property.
- The plaintiff also alleged that Defendant Internet Brands, the company that owns the website, knew about the rapists but did not warn her or the website’s other users. She filed an action against Internet Brands alleging liability for negligence under California law based on that failure to warn. The court reversed the district court’s dismissal of the plaintiff’s action. Internet Brands purchased the Model Mayhem website from the original developers. Shortly after the purchase, they learned of how the rapists were using the site. In August 2010, Internet Brands sued the defendants for failing to disclose the potential for civil suits arising from the activities of the rapists, Flanders and Callum. “By that time, according to Jane Doe, Internet Brands knew that Flanders and Callum had used Model Mayhem to lure multiple women to the Miami area to rape them.”
- Monitoring Employee E-mail and Internet Usage
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Index 218 results (showing 5 best matches)
CHAPTER 4. INTERNET-RELATED CONTRACT LAW 323 results (showing 5 best matches)
- The Internet, by its very nature, is international, yet there is no uniform legal infrastructure for commercial transactions harmonized for the global marketplace. However, an international commercial law is beginning to evolve:
- During the past two decades, the Internet evolved as a business tool. Specialized Internet-related contracts emerged at a time of tremendous changes in the way business was conducted because of 24/7 e-commerce possibilities. Today social media websites are reshaping business and advertising. Internet contract law is also rapidly evolving as industry groups, governments, and international organizations formulate new standards, usages of trade, regulatory initiatives, statutes, and court decisions. The rapid evolution of the Internet has created an endemic problem of “legal lag.” The law of contracts is lagging behind the development of software law and the Internet. The timeworn doctrines of contract law are continually being eroded, fractured, and shattered by the Internet’s rapid evolution. While Internet contracts take the form of contracts, they are really “unilaterally imposed rules to protect new business models.”
- Increasingly, Internet contracts are being entered into in a cross-border legal environment, filled with pitfalls for the unwary. “The preparation of Internet contracts is difficult, since courts may apply laws and jurisdictional rules that are unknown to the drafters of the agreement.” So, how do people contract over the Internet? In the early 1990s, contracts were chiefly entered into by email and there was uncertainty as to whether the digital signature was valid. “While new commerce on the Internet has exposed courts to many new situations, it has not fundamentally changed the principles of contract.” Nevertheless, the Internet has spawned new information-age contracting rules, which are the subject of this chapter.
- The Internet poses new legal dilemmas for payments systems. One of the greatest risks for businesses is when a cybercriminal operating in a distant forum steal credentials from a commercial bank transfer or wire transfer. For consumers, the greatest risk is the interception of credit card information. By the time the Internet evolved, credit cards were well-established as a payment system. Consumers continue to use credit cards for most retail Internet purchases, though there is a recent shift to debit cards and ACH (automated clearinghouse) transfers. ACH transfers for Internet purchases are growing exponentially since 2001. The National Automated Clearing House Association (NACHA) rules now address “Internet-Initiated Entries.” Foreign and cross-border payments and mobile payments over a cell phone or other device, which are far more common in foreign countries such as Japan than in the U.S., are at the cutting edge of payments law. However, the law governing Internet
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Title Page 2 results
Table of Contents 133 results (showing 5 best matches)
Acknowledgments from First Edition 3 results
- Diane D’Angelo and Rick Buckingham, Suffolk University Law School reference librarians, provided me with useful suggestions. I learned about the importance of global Internet Law from teaching international business lawyers from around the world in Suffolk’s LL.M. program. I gained an understanding about European licensing law from Professors Patrik Lindskoug and Ulf Maunschbach, who taught with me five summers at the University of Lund.
- Many people contributed to this book including Suffolk University law students, legal academics and business lawyers from around the world. My research assistants included J.D. and LL.M. students who are lawyers in their own country as well as U.S. law students. Camila Rocio Valenzuela Araya, Marty Cachapero, Andrew Clark, Nicola Condella, Salvatore Cultrano, Kristina Foreman, Ibrahim Kaylan, Wenzhuo Liu, and Manuel Ignacia Miranda all served with distinction. Wenzhuo Liu, who has experience as a Chinese lawyer working with Johnson and Johnson, conducted research and edited every chapter. I appreciated her technical expertise as well as her considerable analytical abilities. Manuel Miranda, who is a LL.M. graduate and lawyer from Venezuela, edited and researched Internet law developments in Latin America. Vit Svejkovsky, a business and intellectual property lawyer, from the Czech Republic, provided extensive editorial suggestions and examples from Eurozone. Hyeonieong Woo, Suffolk
- I would like to acknowledge the recent loss of my beloved mother-in-law, Janice Marilyn Knowles, R.N., of St. Johnsbury, Vermont, a very distinguished member of the “greatest generation.” This book is dedicated to Janice’s life so full of joy and loving contributions to society and her family.
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CHAPTER 10. COPYRIGHTED WORKS IN CYBERSPACE 134 results (showing 5 best matches)
- A U.S. company will give a distributor the exclusive right to distribute digital content in Europe, the Middle East, and Africa or it may directly license its global information technology solutions worldwide through its own distribution network. If a distributor licensed software in countries outside the boundaries of the agreed upon geographic area, it will be liable for breach of the distribution agreement as well as copyright infringement. International intellectual property protection is challenging especially because of different intellectual property regimes and different traditions of enforcement. Software licensors market products in a global marketplace and therefore must protect their own intellectual property rights, while avoid infringing the rights of others. Before launching a new software product globally, a software maker needs to conduct an audit to inventory the intellectual property assets and determine how to comply with U.S. copyright law as well as the copyright
- Copyright in a work vests initially in the author or authors of the work but it can be assigned or transferred, if memorialized by a writing. (i.e. I have assigned ownership of this Global Internet Law Hornbook to my publisher, West Publishing Co. In the case of employees, the works made for hire doctrine vests ownership in the employer, so long as the works were created in the employee’s scope of duties).
- Even though the World Wide Web is less than two decades old, it is difficult to envision copyright law before peer-to-peer file sharing, the licensing of content, the Digital Millennium Copyright Act, and social media content. It is now difficult to imagine the contours of copyright law without bandwidth, browsers, and digital data. A large number of Internet-related copyright issues are in flux. With the rise of the Internet, copyright law needs to be refocused from copying to a greater emphasis on transmission and access. How do service providers obtain immunity from claims of secondary copyright infringement for materials posted by third parties? How does the Internet change the concept of fair use? How does the Internet change the contours of copyright law? How can copyright owners exercise their right to take down infringing content and whether they must consider fair use prior to making a request? What rights and remedies do copyright owners have if they prove infringement?...
- An E-Business hiring a French designer needs to consider moral rights when drafting their website development contracts. A U.S. business needs to acquire moral rights or seek permission to alter materials on a website. Content license agreements, for example need to include terms covering moral right not recognized under U.S. copyright law. Similarly, U.S. copyright law centers on economic rights whereas Europeans stress “personality or moral rights.” Doctrines such as transformative use, nominative use or fair use are less well developed in other legal systems that do not recognize the First Amendment. The rest of this section examines some other global Internet copyright issues.
- These Internet-related treaties require signatories to provide meaningful remedies for copyright owners against those who circumvented or bypassed technical measures protecting copyrighted works. The Internet has reshaped the contours of copyright law along with all branches of Intellectual Property Rights (IPRs). The large-tail trend is for copyright owners to seek “broader rights and increased commoditization.” Copyright law was once a sleepy backwater but today Internet copyright disputes are the subject of weekly front-page stories in the
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Acknowledgments 1 result
- The term, “global” in my title has a lot to do with teaching so many graduate and law students from radically different legal cultures over the years. I currently teach the SJD Research and Writing Colloqium to foreign graduate students at Suffolk University Law School. For the past five years, I’ve taught the required proseminar for all LL.M. and foreign visiting students at Suffolk. I also gained global perspective by teaching in Suffolk’s summer program at the University of Lund in Sweden five summers. I taught students from more than thirty different countries in Suffolk’s LL.M. program in International Business LL.M. program in Budapest, Hungary over five summers. Great thanks are due to Suffolk University Law School’s reference librarians Diane D’Angelo and Rick Buckingham. Diane D’Angelo co-authored the section on global Internet research methods in Chapter 2. Vit Svejkovsky, a 2010 Magistr graduate of Prague’s Charles University Faculty of Law and a LL.M. graduate of Suffolk...
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CHAPTER 5. CONSUMER REGULATION IN CYBERSPACE 175 results (showing 5 best matches)
- The Internet has reshaped the commercial sex industry in profound ways. Whether it is pornography or prostitution, the Internet red light district contains hundreds of websites that routinely flout community standards of obscenity. One of the unsettled issues in Global Internet Law is to determine what community standards apply in cyberspace. The commoditization of cybersex continues to evolve as indicated by the rise of websites enabling prostitution. The Craigslist murder committed by a Boston University medical student raised consciousness about how the Internet was changing the face of prostitution. Backpage.com operates an online classified advertising service located at www.backpage.com. It is the second largest online advertising service and hosts millions of advertisements per month throughout the country.”
- The Internet is truly a global consumer market so ideally protection should extend across national borders. Much of the cross-border Internet is devoid of cross-border consumer protection. Social media sites, for example, have self-serving terms of service that essentially strip a consumer of any meaningful remedy for the invasion of privacy. Facebook is approaching a billion subscribers and is currently available in seventy languages. To date, there is no movement toward affording consumers minimum adequate remedies when they are victimized on the Internet. However, consumer protection in the European Union affords a possible model for global consumer protection as the European Commission has enacted a large number of e-commerce regulations for all of its twenty-eight Member States.
- Cyberspace is the fastest growing free-trade zone. Internet trade is multi-hemispheric as websites stand ready to communicate with customers 24 hours a day, seven days a week in hundreds of countries connected to the World Wide Web. Consumer law in individual countries can no longer address the problem of unfair and deceptive practices in the global marketplace. This chapter provides an overview of consumer regulations in cyberspace. However, the proliferation of deceptive and fraudulent advertisements has become the seamy side of the internet with online lotteries, pyramid schemes, Nigerian e-mail swindles, spam emails, Trojan horse programs, choking electronic commerce and bilking unwary consumers.
- The Internet offers low-cost communication, the capacity to reach a global audience, and a presumptive veneer of credibility stemming from the anonymity of cyberspace. Thus, Internet users may find it hard to distinguish genuine sources of information from fraudulent sources, creating a fertile environment for all kinds of Internet fraud. Miriam R. Albert, E-Buyer Beware: Why Online Auction Fraud Should Be Regulated, 39 A
- The rules for indirect taxes (i.e., sales and use tax, value-added tax (VAT), goods and services tax, business tax and gross receipt tax) to e-commerce are in flux and still evolving. EBay is a global Internet business that acknowledges the law is evolving because states “are increasingly looking for ways to increase revenues, which has resulted in discussions about tax reform and other legislative action to increase tax revenues, including through indirect taxes.”
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CHAPTER 7. INTERNET-RELATED PRIVACY 196 results (showing 5 best matches)
- As a result of the ubiquitous nature of the Internet, data rarely stays in only one jurisdiction. Rather, the Internet, social media, and Cloud computing cross national borders, allowing data to be transmitted to any location in the world. As such, the privacy problem is not restricted to any one jurisdiction. Indeed, the wonder of modern technology is the ability of people to access information and entertainment from virtually anywhere, and to send information globally. Thus, one would expect nations of the world to focus on a global standard of protection, and to harmonize existing laws.
- (F.) Global Internet Security
- This chapter examines the most significant online privacy issues including the problem of transborder data protection, where the legal norms are in flux. In the late 1900s and early twentieth-century, privacy-based torts, along with remedies for misuse of novel technologies such as “instantaneous photographs,” were being born. In the new millennium, American society is once again undergoing a technological revolution of great consequence. This time, America is evolving from a durable commodities-based economy to one based on the licensing of software, intellectual property, and other intangibles. Cisco Systems regards privacy as “a global issue without national borders and policymakers around the world are struggling to determine the best way to protect consumers’ online.” Cyberspace privacy laws are in flux as legislatures attempt to accommodate to the omnipresent global Internet. Notably, Chief Justice William Rehnquist commented, “We are placed in the uncomfortable position of...
- The Internet is an open bulletin board; there is no privacy for Internet activities by consumers. By June of 2009, “Americans conducted 13 billion searches a month on the Internet.” “Internet users have no expectation of privacy in the to/from addresses of their messages or the IP addresses of the websites they visit because they should know that this information is provided to and used by Internet service providers for the specific purpose of directing the routing of information.” Americans have no privacy information in Internet subscriber information or in IP addresses. mug shots of persons arrested, but never convicted of crimes and demand a large fee to remove a given photograph. The Internet Crime Complaint Center reports that it has received hundreds of complaints from individuals:
- The Federal Trade Commission, the chief privacy constable in the United States, filed legal actions against Facebook and Google over their privacy policies. Companies have new legal obligations to protect data as transborder data flows go global on the Internet. A Northern Ireland man filed suit in a Belfast High Court contending that salacious photographs of his daughter she posted herself on Facebook have placed her in “danger of attracting pedophiles.”
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CHAPTER 8. PROSECUTING CYBERCRIMES 103 results (showing 5 best matches)
- • Some estimates place the total global proportion of internet traffic estimated to infringe copyright at almost 24 per cent.
- At present, there is no Internet wide treaty addressing cybercrimes or even the procedural aspects of policing Internet-reality crime. Not all countries connected to the Internet regard computer attacks as crimes. Many countries connected to the global Internet do not embrace U.S. style free expression and have no equivalent to U.S. constitutionally based legal norms and values. China, for example, ordered ISPs to monitor private e-mails and impose legal sanctions for illegal postings appearing on websites they host. China is a leading home for the producers of badware, such as spyware, that tracks computer users’ key strokes and mouse clicks. A Stopbadware.org
- This was the first documented case where a computer virus shut down the then extant Internet. During the early years of the Internet, cybercrime law had not yet evolved to address unique Internet technological dilemmas. In a Massachusetts federal court dismissed a wire fraud complaint against defendant who distributed pirated software over Internet. The case involved a student-hacker who used Massachusetts Institute of Technology’s computer network to set up an electronic bulletin board on the Internet.
- Cybercrime is a crime enabled by a computer or device connected to the Internet. The first computer crime statutes were enacted in the 1980s at both the U.S. state and federal level. Computer crime may be divided into two broad categories: computer misuse crimes and traditional crimes. Computer misuse is a relatively new category of computer crime, involving deliberate interference with the functioning of the computer. Traditional computer crimes, which use the computer to facilitate long-established crimes such as child pornography, trade secret misappropriation, and stalking, take on new forms in the Internet age. For example, online stalking does not fit neatly into the traditional tort of assault because it lacks the element of imminence except perhaps in the case of a live chat. Questions regarding cross border enforcement of state criminal statutes often arise in the field of cybercrime. This chapter examines the big substantive cybercriminal law sand reviews the featured...
- Computer misuse is a relatively new category of computer crime involving deliberate interference with the functioning of the computer. In contrast, traditional computer crimes use the computer to facilitate crimes such as child pornography, trade secret misappropriation, and online stalking. Online stalking does not fit neatly into the traditional tort of assault because it lacks the element of imminence except maybe in the case of a live chat. Orin Kerr identifies three major topics of inquiry in computer crime: (1.) Fourth Amendment search and seizure (procedural computer crime law); (2.) Statutory Privacy Law, which includes the ECPA (federal wiretap act) and the SCA; and (3.) Disputes where the victim and the defendant are in different jurisdictions. Questions regarding cross border enforcement of state criminal statutes often arise in the field of cybercrime. This chapter of the Global Internet Hornbook focuses on Kerr’s categories of computer crime.
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CHAPTER 9. CONTENT REGULATION ON THE INTERNET 57 results (showing 5 best matches)
- Global Internet Filtering in 2012 at a Glance
- In the past two decades, members of Congress have introduced hundreds of U.S. statutes proposed to regulate illegal or harmful content on the Internet. These initiatives have largely failed as the Internet transcends national borders. While the U.S. Government first developed the Internet, the U.S. Government is no longer in a controlling position and cannot legitimately impose its common law principles to govern the Internet. Internet businesses targeting China’s 1.4 billion consumers will need to comply with that country’s Internet regulations. U.S. companies, for example, must comply with the EU’s regulations for data protection, distance sales, jurisdiction, choice of law, and mandatory consumer rules. E-businesses must continually respond and adapt to diverse legal systems. The only difference between illegal and harmful conduct is that the former is criminalized. Politicians justify content regulation by expressing “concerns about the proliferation of pornographic and illegal...
- Born in the United States, the Internet has evolved to include hundreds of countries throughout the globe. The Internet’s global drift raises the question of how content can be controlled when content crosses countless international borders. Foreign filtering and censorship is unfortunately becoming a norm in China, the Middle East, and many other countries. Governments throughout the world impose content regulations on Internet activities. During the 2008 Olympics, China blocked Internet content that challenged its repressive political regime. Hardly a day goes by without a country imposing new access controls. In July of 2012, China continued to block Bloomberg’s website after it published a story about the wealth of Xi Jinping, who is the heir apparent to succeed as President.
- China’s proposed amendments to its Internet Information Service Management Rules makes it a crime to post “information damaging the honor or interests of the State and spreading rumors, pornography or other content prohibited by laws and administrative regulations.” China’s proposed Internet rules create a “filtering regime, real identity system, and policies” that are the functional equivalent of the Great Firewall. The decentralized architecture of the Internet makes it difficult for any one country to remove objectionable content; the best they can do is to shut the Internet down in their country. From a U.S. perspective, it is somewhat problematic that corporations controlling the Internet like Google are cooperating with governments to seek to suppress expression.
- A large number of countries connected to the Internet do not have a strong tradition of the right of expression. Since 2003, half of the arrests relating to content regulations arose in three countries: China, Egypt, and Iran. A traditional Islamic jurist would likely find an unveiled female face on a social media site to be shameful. Not only Islamic republics have blasphemy laws; the Republic of Ireland introduced a blasphemy law that created crimes for incitement including “blasphemous Internet statements in defiance of the law.” national boundaries by the Internet creates new problems in compliance for any company engaging in electronic commerce in radically different cultures and legal systems.
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Table of Cases 13 results (showing 5 best matches)
- Global Telemedia Int’l, Inc. v. Doe 1 ...... 468
- Archdiocese of St. Louis v. Internet Entertainment Group, Inc................... 842
- Davidson & Associates, Inc. v. Internet Gateway ................................................ 268
- First Internet Bank of Indiana v. Lawyers Title Ins. Co.......................................... 508
- Harrod’s Ltd. v. Sixty Internet Domain Names ................................................... 852
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Advisory Board 9 results (showing 5 best matches)
- Distinguished University Professor, Frank R. Strong Chair in LawMichael E. Moritz College of Law, The Ohio State University
- Professor of Law Emeritus, University of San Diego Professor of Law Emeritus, University of Michigan
- Professor of Law, Chancellor and Dean Emeritus, Hastings College of the Law
- Professor of Law, Yale Law School
- Professor of Law, Pepperdine University Professor of Law Emeritus, University of California, Los Angeles
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- Publication Date: January 12th, 2016
- ISBN: 9781634596855
- Subject: Internet Law
- Series: Hornbooks
- Type: Hornbook Treatises
Global Internet Law Hornbook provides students, practitioners, judges, and policymakers with a comprehensive examination of the most important concepts and methods of this rapidly evolving field of law. Each chapter is a detailed examination of cases, statutes, industry standards, norms, as well as academic commentaries from around the world. While the emphasis is on U.S. developments, each chapter compares U.S. to EU regulations, directives, and conventions, as well as other cross-border Internet law developments from diverse legal systems around the world.
Global Internet law is increasingly important for all lawyers, whether they are policymakers, transactional lawyers, or litigators. This Hornbook is organized around the major issues in each substantive and procedural area of law in the most accessible, contemporary, and effective manner. To help readers come to grips with the necessity of approaching the subject from a transnational perspective, this book surveys the best available U.S. and foreign cases, statutes, and commentaries covering global Internet Law developments.