Internet Law: Fall 2011
Last updated: 1 December 2011
Contact Information
Professor Bambauer can be reached by e-mail (derek.bambauer *AT* brooklaw.edu) or by telephone (718.780.0397), or in office 802. The best
way to reach me is via e-mail. After school hours or on weekends, you're welcome
to call me at home (718.797.4945) - between 10AM and 10PM, please.
The teaching assistants for the course are Claudia Cohen and John Randall. I encourage you to contact Claudia and John with logistical questions or for informal advice about the class.
My assistant is
Debbie Richards, who sits on the 8th floor (make a left coming out of the
elevator). Her e-mail address is debra.richards *AT*
brooklaw.edu, and her phone number is 718.780.7949.
I blog about
Internet law, intellectual property, and other information law at Info/Law, along with Professor
Tim Armstrong of the University of Cincinnati and Professor Bill McGeveran of the University of Minnesota.
Logistics
- Materials - There are two books required for this course.
One is Lawrence Lessig, Code Version 2.0, available in print
or on-line. The second is Jack Goldsmith
& Tim Wu, Who
Controls the Internet?, which is available in hard copy or for the Kindle. The other materials for this course are
accessible from this Web page or, in rare cases, from either LexisNexis or
Westlaw. I will post slides, additional readings, and other materials on
the course site on TWEN.
In addition, I
recommend the following two books that can help you with both the doctrinal and
technological material in the class:
- Hal Abelson, Ken Ledeen,
and Harry Lewis, Blown
to Bits (abbreviated "BTB" below).
- John R. Levine, Carol Baroudi,
Margaret Levine Young, The
Internet for Dummies. This is a useful primer on the Internet's
technical underpinnings, written for a non-technical audience.
- Communication - I will communicate with the class primarily
via e-mail; you are responsible for monitoring your account. If you use an
e-mail account that is not your brooklaw.edu one, please send me that
e-mail address. I will also post announcements of major changes on the Web
site and on the TWEN course site.
- Assignments - Please see the syllabus below for reading
assignments. You are expected to have read and prepared the materials
assigned for each class meeting. The syllabus may change; please check
this site regularly. The "Last Updated" date at the top of the syllabus indicates when I last changed this document.
- Course
Blog - This course has a blog
that is hosted on TWEN. To access the blog, click the link titled
"Course Blog" in the navigation pane on the left side of the
Internet Law site. Part of your assignment is to read the blog and to post
to it (see below).
Policies
- Attendance - Regular, punctual attendance is required
under the Law School's academic regulations. I will take attendance
regularly. Accumulating unexcused absences for more than 25% of classes
will place you at risk of being dropped from the class. If you face
special circumstances that require you to arrive late, leave early, or
miss class sessions, please contact me so we can discuss how best to
manage the situation.
- Professionalism - Please be professional while attending class
and while participating in assignments outside class (for example, blog
posts and e-mail exchanges). This includes treating other students and
faculty respectfully, being prepared for class, ensuring that you do not
distract other students, and engaging the material as best you are able.
In particular, I ask that you curb electronic distractions: turn cellular
phones and Blackberries off,
avoid playing computer games (Bejeweled and Solitaire, for example), and
do not use communication tools such as instant messaging or e-mail during
class time. Infractions that detract from the learning experience of other
students will be sanctioned harshly. In return, I commit to treat you with
respect and professionalism, including by beginning and ending class on
time.
- Laptops - As you might expect, laptops are welcome in this Internet Law course. I encourage you to share notes with your classmates. I will provide copies of the Powerpoint slides promptly after class.
- Blogging
/ Podcasting - You are welcome
to blog and podcast about class discussions and assignments, with this
proviso: you may not identify
any of your classmates by name (for example, "Jane Doe said that the
Internet is like a dump truck") without that person's permission.
This policy seeks to ensure frank, enthusiastic discussion in class
without concern that an inadvertent error may be preserved forever by
Google. In contrast, anything I say is fair game for blogging or
podcasting. Please do not, however, record or podcast class discussions,
though you are welcome to post your own thoughts and reflections about
class. I would appreciate your sharing any blog posts or podcasts with me
via a link.
- Special
Circumstances - If you face
special circumstances that could affect your participation in class or
your ability to prepare adequately (such as a life event, a disability,
repetitive strain injury (RSI), or stage fright), please contact me. There
are resources at the Law School and beyond that we can enlist to assist
you. Law school can be a stressful experience; I (along with the rest of
the faculty and administration) am here to help you manage its challenges.
Grading
Your grade for the class will be based upon class participation, posting to the
course blog, and the final examination.
- Class
Participation - You are expected
to prepare for class by reading the assigned materials and, more
importantly, thinking about how they fit together and how they relate to
the overall arc of the course. Each student will be assigned to a panel;
each panel will be assigned to one or more classes. When your panel is
responsible for a class, you should prepare to discuss and analyze the
assigned materials, to assess how they fit within the particular section
of the course, to respond to hypothetical problems based on the materials,
and to act as a resource for questions. This semester, I will call on
each student who is on panel at least once. If you are not prepared for a
class for which you are "on panel," your grade will be reduced,
and you may be assigned additional work to compensate. I will also assign
problems from time to time; you should prepare answers to these before
class, and we will work through them as a means of understanding how to
apply the doctrine we learn. Overall, effective class participation can
raise your grade up to one step (for example, from a B to a B+); failure
to participate, especially while on panel, can reduce your grade up to one
step.
- Blog
Postings - You should post to
the course blog twice during
the semester, and to comment substantively on at least two other posts. Your first blog post is due
by 11:59PM on Friday, 30 September 2011. Your second blog post is due
by 11:59PM on Friday, 28 October 2011. Your first comment on a blog post by someone else is due by 11:59PM
on Friday, 14 October 2011. Your second blog comment is due by
11:59PM on Friday, 18 November 2011.
Posts should be at least 400 words; comments should be at least 100 words.
Treat the post like a miniature reaction paper: it should have a topic and thesis,
make an interesting point, and link to supporting evidence. Each post
counts for 12% of your grade; each comment counts for 3%. Thus, in total,
this set of assignments counts for 30% of your grade. If you put up
additional posts or comments, it can increase your class participation
score.
|
Item
|
Date Due
|
Value (of Total Grade)
|
|
First Blog Post
|
11:59PM, 30 September 2011
|
12%
|
|
Second Post
|
11:59PM, 28 October 2011
|
12%
|
|
First Blog Comment
|
11:59PM, 14 October 2011
|
3%
|
|
Second Blog Comment
|
11:59PM, 18 November 2011
|
3%
|
- Final
Examination - The primary
component (70%) of your grade will be the final examination. It will
consist of a four-hour test during the exam period. Each
question will have a generous word limit. On your exam, you must provide a word count for each question, and you must stay within the word limit for each question. Failure to provide a word count, or to stay within the word limit, will result in a substantial penalty. You may take this exam using a
laptop computer with the Exam4 software.
(I encourage you to do so, since handwriting is often hard to read.) You
may not copy pre-prepared material into your exam answer. It goes without
saying that your exam must consist of your own work; you may not accept or
provide aid to other students during the examination. (Collaborative
preparation in studying for the exam is permitted, and encouraged to the
degree you find it helpful.)
Syllabus
Readings in "Code 2.0" are denominated as "L [start page] -
[finish page]"; readings in "Who Controls the Internet?" are
denominated "G/W [start page] - [finish page]".
25 August: Introduction
- G/W (Goldsmith & Wu) 1-10
- L (Lessig) 1-28
- (optional) BTB 1-17, 301-16
- Eric Schmitt, Air Force Blocks Sites That Posted Secret Cables, N.Y. Times, Dec. 14, 2010
- Ian Shapira & Joby Warrick, WikiLeaks’ advocates are wreaking “hacktivism,”
Washington Post, Dec. 12, 2010
- Collateral Murder
- Elizabeth Dickinson, The First WikiLeaks Revolution?, Foreign Policy, Jan. 13, 2011
- WikiLeaks: The Back Story, N.Y. Times, Jan. 26, 2011
- WikiLeaks, XKCD
- (optional) Derek E. Bambauer, Consider the Censor, 1 Wake Forest J.L. & Pol'y 31 (2011)
- (optional) Yochai Benkler, A Free Irresponsible Press, __ Harv. Civ. Rts.-Civ. Lib. L. Rev. __ (forthcoming 2011)
30 August: A Brief History of Internet Law
- Frank H. Easterbrook, Cyberspace and the Law of the Horse, 1996 U. Chi. Legal F. 207, 207-08, 210, 211 (from "Simply put") - 213, 216 last paragraph (excerpted version available on TWEN)
- Lawrence Lessig, The Law of the Horse: What Cyberlaw Might Teach, 113 Harv. L. Rev. 501, 501-06, 515, 517, 519-20, 522-23, 530-31, 534-35, 537-38, 541, 548 (1999) (excerpts)
- John Perry Barlow, A Declaration of the Independence of Cyberspace, Feb. 8, 1996
- Cyberexceptionalism vs.
cyber-realism: Wu & Goldsmith, 13-27
- Voyeur Dorm. v. City of Tampa, 265
F.3d 1232 (11th Cir. 2001)
- Case study: AutoAdmit
- (optional) Barry M. Leiner et al., A Brief History of the Internet
- (optional) Dan Hunter, Cyberspace as Place and the Tragedy of the Digital Anticommons, 91 Cal. L. Rev. 439 (2003)
1 September: Routing Bits and the Network Neutrality Fight
- Lessig 31-37, 38-72, 114-19, 143-53
- Introduction to Network Neutrality: Christopher Stern, The Coming Tug of War Over the Internet,
Washington Post, Jan. 22, 2006
- Arshad Mohammed, Verizon Executive Calls for End to Google's "Free
Lunch", Washington
Post, Feb. 7, 2006
- Read pages 2-5, 21-23 of Fed. Comm'ns Comm., Report and Order ("Open Internet R&O"), FCC 10-201, Dec. 21, 2010
- (optional) David Isenberg, The Rise of the Stupid Network
- (Optional, but
recommended) J.H. Saltzer, D.P. Reed, D.D.
Clark, End-to-End Arguments in System Design,
2 ACM Transactions on Computer
Systems 277 (1984); L 111-112 (on end-to-end design)
6 September:
TCP/IP, Free Speech, and More Network Neutrality
- B.
Carpenter (ed.), Architectural Principles of the Internet (RFC 1985) (June 1996)
- TCP/IP:
skim either TCP/IP Tutorial or TCP/IP Protocol Suite and Architecture
(these are somewhat technical; we'll go over this more carefully in class)
- Skim RFC 1149; see as examples here and here
- Tim Wu
& Christopher Yoo, Keeping the Internet
Neutral?: Tim Wu and Christopher Yoo Debate, 59
Fed. Comm. L.J. 575 (2007)
(excerpts) (TWEN)
- Get Informed about the Open Internet, OpenInternet.gov (please click "Expand All" and read the entire page)
- Susan Crawford, Reading Brown v. Entertainment Merchants Assn, June 27, 2011
- Read the Syllabus in Turner Broadcasting Sys. v. Fed. Comm. Comm'n, 520 U.S. 180 (1987)
- (optional)
Rob Frieden, Internet 3.0: Identifying Problems and Solutions to
the Network Neutrality Debate, 1 Int'l J. Comm'n 461 (2007)
8 & 15 September: Domain Name System, Applications, and Cybersquatting
8 September: Part I - DNS and the Uniform Domain Name Dispute Resolution Process
13 September: Internet Privacy (guest lecturer: Chris Soghoian)
Internet researcher Chris Soghoian is an expert on cybersecurity and privacy issues. For more information, see:
Please read the following to prepare for Chris's talk:
- U.S. v. Pineda-Moreno, 617 F.3d 1120 (2010) (Kozinski, J., dissenting)
- Albert Gidari Jr., Companies Caught In the Middle, 41 U.S.F. L. Rev. 535 (2006) (TWEN)
15 September: Part II - ACPA
20 September:
Who Runs This Stuff?
22 September: How Can One Regulate the
Internet?
- Methods of
regulation: L 72-88, 120-37, 340-45
- Jonathan Zittrain, Internet Points of Control, 44 B.C. L. Rev. 653 (2003) (excerpts on TWEN)
- Examples
- The Official CAPTCHA site
- AFP, Vietnam
tightens controls on bloggers, Dec. 23, 2008
- Lisa M. Bowman, Supreme
Court backs library Net filters, June 23, 2003
- Sang-Hun, Net Addresses to
Make Use of Non-Latin Scripts, N.Y.
Times, Oct. 30, 2009
- Don't Date Him Girl, FAQs
- Torture in Egypt
27 September & 4 October: The Challenges of
Jurisdiction
27 September:
U.S. Issues
- Gator.com v. L.L. Bean, 341 F.3d 1072 (9th Cir. 2003) (excerpts) (TWEN)
- Toys 'R Us v. Step Two, 318 F.3d 446 (3rd Cir. 2003) (excerpts) (TWEN)
- Graduate Mgmt. Adm'ns Council v. Raju, 241 F. Supp. 2d 589 (E.D. Va. 2003) (excerpts) (TWEN)
Reminder: First Blog Post Due 30 September
4 October:
International Issues
- G/W 147-61
- L 294-310
- Kirsten Murphy, Recent
Developments in Defamation Law: Dow Jones & Company Inc. v. Gutnick, last updated 9 Nov. 2009
- Simson Garfinkel,
Welcome to Sealand. Now Bugger Off, Wired, July 2000
- Yahoo! v. La Ligue Contre Le Racisme et L'Antisemitisme,
169 F. Supp. 2d 1181 (N.D. Cal. 2001) (excerpts) (TWEN)
- (optional) Read
the French decision (English
translation)
- (optional) Read
about the subsequent
en banc Ninth Circuit decision
- (optional) Dan
Bell, Darkest hour for
"smallest state," BBC News,
Dec. 30, 2008
- (optional)G/W
49-63
The
Naughty Bits: Regulating Unwanted Content
- Background: L
245-68
- Background: Skim Derek E. Bambauer, Cybersieves, The Legal Workshop, May 3, 2010
6 October: Porn
- Background
- Pro: Wendy McElroy, A Feminist Defense of Pornography, 17 Free Inquiry 4, Oct. 16, 2004
- Con: Naomi Wolf, The Porn Myth, New York, Oct. 20, 2003
- (optional) Pro: Ellen Willis, Nature's Revenge, N.Y. Times, July 12, 1981
- (optional) Con: Catherine A. MacKinnon, Not A Moral Issue, 2 Yale L. & Pol'y Rev. 321 (1984)
- (optional) Overview: Pornography, in "Feminist Perspectives on Sex Markets," Stanford Encyclopedia of Philosophy, July 13, 2007
- (optional, and somewhat explicit) Opinion: Natasha Vargas-Cooper, Hard Core, The Atlantic, Jan. / Feb. 2011
- (optional) BTB 239-42
- Law
- Code
- Market
- Norms
11 October: Spam
- Controlling
the Assault of Non-Solicited Pornography and Marketing Act of 2003, Pub. L.
108-187
- Tim Weber, Gates forecasts victory
over spam, BBC News, Jan. 24,
2004
- Dancho Danchev,
With or without McColo, spam volume increasing again, ZDNet, Dec. 9. 2008
- Carolyn Duffy Marsan, CAN-SPAM:
What Went Wrong?, Network World,
Oct. 6, 2008
- Deborah Fallows,
Adjusting to a Diet of Spam,
Pew Research Center, May 23, 2007
- Venkat, Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails, Technology & Marketing Law Blog, Nov. 15, 2010 (for the outcome, see Order Granting Motion to Dismiss With Leave to Amend in Part, Holomaxx Tech. v. Microsoft, No. CV-10-4924-JF (N.D. Cal. 2011)
- Derek E. Bambauer,
Solving the
Inbox Paradox, 10 Va. J. L. &
Tech. 1 (2005) (read 8-14, skim 15-30, 50-54)
- E.B. Boyd, How Facebook Killed (Most) Spam Using Smart Filters, Fast Company, Jan. 27, 2011
- CompuServe v. Cyber
Promotions, 962 F. Supp. 1015 (S.D. Ohio 1997)
- (optional) Derek
E. Bambauer, John G. Palfrey, Jr., & David E. Abrams, A
Comparative Analysis of Spam Laws: The Quest for Model Law (2005)
13, 18, 20 & 25 October: IP
infringement
- Background
- 13 October: The
Peer-to-Peer Wars
- Electronic
Frontier Foundation, Sony
Corp. of Am. v. Universal City Studios, 464 U.S. 417 (1984) (summary)
(optional: read the Supreme Court
opinion)
- A&M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001) (excerpts, TWEN)
- MGM Studios v. Grokster, 545 U.S. 913 (2005) (excerpts, TWEN)
- Fred von Lohmann, IAAL*: What Peer-to-Peer
Developers Need to Know about Copyright Law (Jan. 2006) (read part VI and,
optionally, part V)
- Eric Goldman, LimeWire Smacked Down for Inducing Copyright Infringement--Arista Records v. Lime Group, May 13, 2010
- Reminder: First Blog Comment Due 14 October
- 18 October: On-line Infringement - Digital Millennium Copyright Act
- 20 October: DMCA continued
- Review 17 U.S.C. 512
- Wendy Seltzer,
the NFL, and the DMCA: read the series
of posts, and also Peter
Lattman's post on the Wall Street Journal Law Blog,
including the first two comments (what do Seltzer and McCarthy disagree about?
What do you think of the merits of their arguments?)
- McCain/Palin and YouTube: read the campaign's
letter to YouTube, and YouTube's
response. What would you advise YouTube to do if you were their general
counsel?
- Complaint,
Viacom Int'l v. YouTube, Case No.
CV-02103 (S.D.N.Y. 2007)
- David Kravets, Viacom Says YouTube Ruling Will "Completely Destroy" Copyright, WIRED, Dec. 3, 2010
- 25 October: DMCA limits, and Trademarks
- John Palfrey, Electronic Voting and
Copyright?, CNET News.com, Oct.
5, 2004
- Sam Bayard,
Lenz v. Universal Music: Court Limits Damages Recoverable for Bogus Takedowns, Citizen Media Law Project, Mar. 2, 2010
- Tiffany
(NJ) Inc. v. eBay, No. 08-3947-CV (2d Cir. 2010) (read pages 1-35 of the opinion)
- Read coverage
on LVMH
& Dior Couture v. eBay
- G/W 129-145
- (optional):
Jessica Litman, Sharing
and Stealing, 26 COMM/ENT 1
(2004)
27 October: Tort / Defamation / CDA 230, Part I
- Background
- Defamation
Primer (on TWEN): Dillon v. City of New York, 261 A.D.2d 34, 38-39 (Sup. Ct. N.Y.
App. Div. 1st Dept. 1999); Cal. Civ. Code. Sections 44, 45, 46
- N.Y. Times v. Sullivan, 376 U.S. 254 (1964) (excerpts) (TWEN)
- (optional) BTB 242-53
- Stratton Oakmont v. Prodigy Servs.
Co., 24 Media L. Rep. 1126 (Sup. Ct.
N.Y. 1995) (excerpts) (TWEN)
- 47 U.S.C. 230 (read
this carefully, and think about its
implications)
- Zeran v. Am. Online, 129 F.3d 327 (4th Cir. 1997)
- Take a look at:
- Read the Citizen
Media Law Project summary of Garrido v. Bambauer, then read the offending blog
posts:
- 1
- 2,
and
- (optional) 3
Am I liable for defamation? What should Harvard (host of the blog server for
Info/Law) do if Garrido's attorney sends them a
cease-and-desist letter that demands the university remove my posts?
Reminder: Second Blog Post Due 28 October
1 November: Tort / Defamation / CDA 230, Part
II
3 & 8 November: Computer Security and Hacking
3 November: Hacking / Cybercrime
- Computer Fraud and Abuse
Act
- (optional) U.S.
Department of Justice, Prosecuting Computer Crimes (February 2007), Chapter 1:
Computer Fraud and Abuse Act
- No Electronic
Theft (NET) Act
- Memorandum
in Support of Plaintiff's Motion For Temporary Restraining Order, Mass. Bay Transportation Auth. v. Anderson,
Case No. CV-11364
- Kim Zetter, Weak
Password Brings "Happiness" to Twitter Hacker, Wired, Jan. 6, 2009
- Council of
Europe, Convention
on Cybercrime (read Articles 1-11, 16-21, 36)
- U.S. Department
of Justice, Frequently
Asked Questions and Answers: Council of Europe Convention on Cybercrime
- Skim U.S. v. Elcomsoft & Sklyarov FAQ,
Electronic Frontier Foundation
- Browse around StopBadware
- Kelly Jackson
Higgins, The
World's Biggest Botnets, DarkReading, Nov. 9, 2007
- (optional) Byron Acohido & Jon Swartz, Botnet scams are exploding, USA Today, Mar. 16, 2008
- (optional) Derek E. Bambauer & Oliver Day, The Hacker's Aegis, 60 Emory L.J. __ (forthcoming 2011)
8 November: Security and Digital Locks
- 17 U.S.C. 1201 (read
this statute carefully - try to
figure out what each section prohibits)
- (optional) BTB 210-18
- Universal
City Studios v. Corley, 273 F.3d 429 (2d Cir. 2001)
- Real
Networks v. Streambox, 2000 U.S. Dist. LEXIS 1889
(W.D. Wash. 2000) (for the ultimate outcome, see here)
- Lexmark
Int'l v. Static Control Components, 387 F.3d 522 ( 6th Cir. 2004) (read the
majority opinion; the concurrence is helpful but optional)
- Letter
from Matthew J. Oppenheim to Edward Felten, Apr.
9, 2001
- SDMI Challenge FAQ
- Kim Zetter, Researchers
Crack Medeco High-Security Locks With Plastic Keys,
Wired, Aug. 8, 2008
- (optional) A.
Michael Froomkin, The Metaphor
Is the Key: Cryptography, the Clipper Chip, and the Constitution, 143 U.
Penn. L. Rev. 709 (1995)
- (optional) A.
Michael Froomkin, It Came From
Planet Clipper: The Battle Over Cryptographic Key "Escrow", 1996
U. Chi. L. Forum 15
- (optional)
Timothy K. Armstrong, Fair
Circumvention, 74 Brook. L. Rev. 1 (2008)
- (optional) Julie
E. Cohen, A
Right to Read Anonymously: A Closer Look at "Copyright Management" in
Cyberspace, 28 Conn. L. Rev. 981 (1996)
Regulatory
Targets and Methods
10 & 15 November: Filtering
10 November: Introduction
- G/W 87-104
- (optional) BTB 253-57
- Center for Dem. & Tech. v. Pappert, 337 F. Supp. 2d 606 (E.D. Pa. 2004) (excerpts) (TWEN)
- Erica Naone, Censorship Circumvention
Tools Aren’t Used Widely, Technology
Review, Oct. 18, 2010
- Kim Zetter, Cayman
Islands Bank Gets Wikileaks Taken Offline in U.S.,
Wired, Feb. 18, 2008
- (optional)
Robert Faris and Nart Villeneuve, Measuring
Internet Filtering, in Access
Denied: The Practice and Policy of Global Internet Filtering (Ronald Deibert, John Palfrey, Rafal Rohozinski, Jonathan Zittrain,
eds., 2008)
- Read at least
one country profile by the OpenNet Initiative
- Peter Sayer, French
Net Filtering Plan Moves Forward, PC
World, Feb. 17, 2010
- Loretta Chao
& Jason Dean, China's
Censors Thrive in Obscurity, Wall
Street Journal, March 31, 2010
- Doug Gross, British PM proposes social media ban for rioters, CNN, Aug. 12, 2011
- Rebecca
MacKinnon, My
conversation with Cisco, July 22, 2005
- Declan McCullagh, Comcast, NetZero
latest providers to bow to Cuomo's Usenet campaign, CNET News.com, July 30, 2008
- Mathea Falco & Philip Heymann, Fighting
the Online Drug Corner, Washington
Post, Mar. 15, 2008
15 November: The Coming Wave - Filtering in America
- Tim Wu, Has AT&T lost its mind?, Slate, Jan. 16, 2008
- U.S. v. Am. Library Ass'n, 539 U.S. 194 (2003)
- Adam Liptak, A Wave of the Watch List, and Speech Disappears, N.Y. Times, Mar. 4, 2008
- From the blithering idiots department..., Feb. 12, 2011
- Margaret Grazzini, Four Rounds of ICE Domain Name Seizures and Related Controversies and Opposition, Berkeley Tech. L.J. Bolt, Feb. 23, 2011
- (optional) Derek
E. Bambauer, Cybersieves, 59 Duke L.J. 377 (2009)
The Next Wave
17 November: Cyberwar
- Kim Zetter, How Digital Detectives Deciphered Stuxnet, the Most Menacing Malware in History, WIRED, July 11, 2011
- Seymour M. Hersh, The Online Threat, The New Yorker, Nov. 1, 2010
- Michael Joseph Gross, Operation Shady RAT, Vanity Fair, Aug. 2, 2011
- U.S. Government Accountability Office, Defense Department Cyber Efforts: DoD Faces Challenges In Its Cyber Activities, July 2011 (read pages 1-15)
- Derek E. Bambauer, Conundrum, 96 Minnesota L. Rev. __ (forthcoming 2012) (excerpts)
- Michael Riley & Ashlee Vance, Cyber Weapons: The New Arms Race, Bloomberg BusinessWeek, July 20, 2011
Reminder: Second Blog Comment Due 18 November
22 November: User-Generated Content
- Skim Warner Bros. Ent'mt v. RDR Books, 575 F. Supp. 2d 513 (S.D.N.Y.
2008) - should copyright law block publication of The Lexicon?
- Internet
encyclopedias go head to head, 438 Nature
900 (2005) (TWEN)
- Wikipedia study
"fatally flawed,", BBC News,
Mar. 24, 2006
- (optional) Eric
Raymond, The
Cathedral and the Bazaar (2000)
- Yochai Benkler, "Sharing
Nicely": On shareable goods and the emergence of sharing as a modality of
economic production, 114 Yale L. J.
273, 275-89, 320-21 (2004)
- Take
a look at your favorite on-line mashup. Try to
determine whether it would survive a challenge from the owners of the works
that it modifies / incorporates. (Feel free to send me a link; we'll use some examples in class.) For example, how about this one?
1 December: Social Networking
- Jacqui Cheng, iOS Devs pay $50,000 for collecting children's info in apps, Ars Technica, Aug. 16, 2011
- Texas Penal Code Section 33.07, Online Harassment
- La Russa sues Twitter over fake page, ESPN.com, June 5, 2009
- Read Facebook's Privacy Policy
- Somini Sengupta, Facebook Agrees to F.T.C. Settlement on Privacy, N.Y. Times, Nov. 29, 2011
- Danielle Citron, Cyber Civil Rights, 89 B.U. L. Rev. 61 (2009) (please read pages 62-68, 115-125)
2 December: Search Engines
- James Grimmelmann, The Structure of Search Engine Law, 93 Iowa L. Rev. 1 (2007) (please read Part II; the rest is recommended, but optional)
- Field v. Google, 412 F. Supp. 2d (D. Nev. 2006)
- Evelyn Kao, Making Search More Secure, The Official Google Blog, Oct. 18, 2011
- Matt McGee, Reactions from SEOs Come Loud, Fast & Often Angry To Google's Switch to Encrypted Search, Search Engine Land, Oct. 18, 2011
- FTC Charges Deceptive Practices in Google's Rollout of Its Buzz Social Network, Federal Trade Comm'n, Mar. 30, 2011
- Harriet J., Fuck you, Google
- Gord Hotchkiss, Why Results Quality Is So Important to Search Engines, Search Engine Land, May 20, 2011
- Argentine court blocks Google "suggested" searches, CNN.com, May 19, 2011
- Frank Pasquale, Seven Reasons to Doubt Competition in the General Search Engine Market, Madisonian.net, Mar. 18, 2009
6 December: Course Review / Exam
Discussion / Q&A
