1. CYBER Law Discussion I1MBA11 Team One Guillermo Barthelmes, Nicole Gilchrist, James Landry, Chris Park, and Taylor Prince Team One I!MBA11 - August 23, 2010 1
2. What is Cyber Law? Cyber Law is the “rapidly evolving area of civil and criminal law as applicable to the use of computers, activities performed, and transactions conducted over the Internet and other networks.” Source: Business Dcitionary.com Team One I!MBA11 - August 23, 2010 2
3. Topics for Discussion Personal Jurisdiction Net Neutrality and Free Speech Governance and Legislation Internet Regulation Team One I!MBA11 - August 23, 2010 3
4. Topics for Discussion Personal Jurisdiction Net Neutrality and Free Speech Governance and Legislation Internet Regulation Team One I!MBA11 - August 23, 2010 4
5. Personal Jurisdiction and Internet Transactions Internet Law is in its infancy Cases help to establish precedent Internet Solutions Corp v. Marshall Non-FL resident posted defamatory comment about FL resident online Posting does not equate to jurisdiction Instead, once comment available for viewing in FL, then personal jurisdiction exists Fraser v. Smith Differing ruling Making content visible does not establish jurisdiction Source: E-Commerce Law Team One I!MBA11 - August 23, 2010 5
6. Personal Jurisdiction and Internet Transactions cont. Where do courts normally draw the line? Purely Informational Websites – “Passive” Personal jurisdiction does not exist Highly-Transactional Websites – “Active” Personal jurisdiction usually granted in plaintiff’s state Gray area… What level of interaction has occurred to determine the level of transaction? A Supreme Court Ruling will likely be needed to establish a firm rule on personal jurisdiction and the Internet. Team One I!MBA11 - August 23, 2010 6
7. Hypothetical Scenario John… a resident of Ohio (OH) Creates an entertainment blog using Create-a-Site, a company based in OH Sally… a resident of Florida (FL) Logs onto the site one day to see a picture of herself on the blog which she did not give permission to post Does Personal Jurisdiction Exist? If so, where? It would exist in FL, if the website was highly-interactional. If not, personal jurisdiction would not be established. Source: Chris Park’s Imagination Team One I!MBA11 - August 23, 2010 7
8. Topics for Discussion Personal Jurisdiction Net Neutrality and Free Speech Governance and Legislation Internet Regulation Team One I!MBA11 - August 23, 2010 8
9. Net Neutrality and Free Speech Net neutrality – concept of censoring certain facts of the Internet in the effort to maintain a measure of civility and decency amongst internet users Contrary to ideals set forth in the Constitution? Net Neutrality vs. Free Speech struggle Source: The Washington Post Team One I!MBA11 - August 23, 2010 9
10. Federal Communications Commission (FCC) An independent United States government agency Regulates and provides guidance for all means of communication Established by the Communications Act of 1934 Both Domestic and International issues exist for regulatory responsibilities of the World Wide Web Source: Federal Communications Commission (FCC) Team One I!MBA11 - August 23, 2010 10
11. China and Google Extreme case of net neutrality China “blacked-out” Google in efforts to censor content Slippery slope Source: Net Neutrality Hearing Team One I!MBA11 - August 23, 2010 11
12. The U.S. and Net Neutrality Controversy in U.S. less with traditional censorship, and more with data flow 2008 – Internet Giants took issues to court Involvement by FCC unconstitutional Network infrastructure unable sustain data flow April 6, 2010 – U.S. Court of Appeals for DC Ruled FCC lacks authority to require broadband providers to give equal treatment to all Internet traffic flowing over networks Congress has not given the FCC “untrammeled freedom” to regulate without explicit authority Source: FindLaw.com Team One I!MBA11 - August 23, 2010 12
13. Topics for Discussion Personal Jurisdiction Net Neutrality and Free Speech Governance and Legislation Internet Regulation Team One I!MBA11 - August 23, 2010 13
14. Governance and Legislation "National law has no place in cyber law. Where is cyberspace? If you don't like banking laws in the United States, set up your machine on the Grand Cayman Islands. Don't like the copyright laws in the United States? Set up your machine in China. Cyber law is global law, which is not going to be easy to handle, since we seemingly cannot even agree on world trade of automobile parts." Nicholas Negroponte Source: Nicholas Negroponte Team One I!MBA11 - August 23, 2010 14
15. Governance and Legislation The Internet is independent of geographical boundaries Creates complex issue of governance Team One I!MBA11 - August 23, 2010 15
16. Cyberspace Regulation Involves the interplay of three key elements A binding set of customs and practices intended to formalize norms for the society Institutions to develop/enforce those customs and practices Agreement among those who administer and are impacted by the customs and practices Rules and Institutions will need to be implemented
17. Law in Cyberspace “Instead of obeying the laws of a particular country, Internet citizens will obey the laws of electronic entities like service providers. Instead of identifying as a physical person, Internet citizens will be known by their user names or e-mail addresses. Since the internet defies geographical boundaries, national laws will no longer apply. The Internet will exist as its own sovereign nation.” - David Johnson, “Law and Borders “ Source: “Law and Borders – The Rise of Law in Cyberspace” by David Johnson Team One I!MBA11 - August 23, 2010 17
18. Law in Cyberspace Lawrence Lessig One of the leading experts cyberspace law Four modes of cyberspace regulation Law Norms Markets Architecture Source:Code and Other Laws of Cyberspace by Lawrence Lessig Team One I!MBA11 - August 23, 2010 18
19. Internet-Related Statutes within the U.S. The 'No Electronic Theft' Act (1997) The Digital Millennium Copyright Act (1998) The Internet Tax Freedom Act (1998) The Child Online Protection Act ("Son of CDA") (1998) The U.S. Trademark Cyberpiracy Prevention Act (1999) The Uniform Electronic Transactions Act (UETA) (1999) The Uniform Computer Information Transactions Act (UCITA) (2000) The Electronic Signatures in Global & National Commerce Act (E-Sign) (2000) The Children’s Internet Protection Act (2001) The USA Patriot Act (2001) Team One I!MBA11 - August 23, 2010 19
20. Topics for Discussion Personal Jurisdiction Net Neutrality and Free Speech Governance and Legislation Internet Regulation Team One I!MBA11 - August 23, 2010 20
21. Internet Regulation - U.S. U.S. 1st Amendment Loving v. Boren Courts ruled that University was within right to restrict use of server to research and academic purposes because computer was purchased for the purpose of research/not recreation. United States v. Thomas Courts rejected claim of first amendment defense on grounds of obscenity Mainstream Loudoun v. Bd. Of Trustees of the Leoudoun County Library Source:Netlitigation.com Team One I!MBA11 - August 23, 2010 21
22. Communication Decency Act (CDA) of 1996 One of the most important attempts to regulate pornographic material on the internet. Reno v. American Civil Liberties Union U.S. Supreme Court established that the Internet is entitled to the broadest First Amendment protections Source:law.cornell.edu Team One I!MBA11 - August 23, 2010 22
23. Internet Regulations – the E.U. Directive 2000/31/EC Article 14 - provides hosting providers immunity in a way that they are not responsible for the content they host as long as they have no knowledge of the illegal activity and act promptly when they become aware Article 15 - prevents member states from imposing laws that monitor hosted content for potential illegal activities Team One I!MBA11 - August 23, 2010 23
24. Internet Regulations – China Internet censorship common Balance need for power vs. controlling content President HuJintao Increased media regulation Arrest and prosecution of journalists The “Cyber Police” Source:“Media Censorship in China” Team One I!MBA11 - August 23, 2010 24
25. Internet Regulations – Cuba Government not pro-liberty and freedom Raul Castro More open to outside influences Computer system access for government New operating system Source:Google Hosted News Team One I!MBA11 - August 23, 2010 25
