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Cyber Law Discussion - Team One I1MBA11
 

Cyber Law Discussion - Team One I1MBA11

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Team One I1MBA PP Discussion

Team One I1MBA PP Discussion
Cyber Law

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    Cyber Law Discussion - Team One I1MBA11 Cyber Law Discussion - Team One I1MBA11 Presentation Transcript

    • 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
    • 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
    • Topics for Discussion
      Personal Jurisdiction
      Net Neutrality and Free Speech
      Governance and Legislation
      Internet Regulation
      Team One I!MBA11 - August 23, 2010
      3
    • Topics for Discussion
      Personal Jurisdiction
      Net Neutrality and Free Speech
      Governance and Legislation
      Internet Regulation
      Team One I!MBA11 - August 23, 2010
      4
    • 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
    • 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
    • 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
    • Topics for Discussion
      Personal Jurisdiction
      Net Neutrality and Free Speech
      Governance and Legislation
      Internet Regulation
      Team One I!MBA11 - August 23, 2010
      8
    • 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
    • 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
    • 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
    • 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
    • Topics for Discussion
      Personal Jurisdiction
      Net Neutrality and Free Speech
      Governance and Legislation
      Internet Regulation
      Team One I!MBA11 - August 23, 2010
      13
    • 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
    • Governance and Legislation
      The Internet is independent of geographical boundaries
      Creates complex issue of governance
      Team One I!MBA11 - August 23, 2010
      15
    • 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
    • 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
    • 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
    • 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
    • Topics for Discussion
      Personal Jurisdiction
      Net Neutrality and Free Speech
      Governance and Legislation
      Internet Regulation
      Team One I!MBA11 - August 23, 2010
      20
    • 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
    • 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
    • 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
    • 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
    • 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
    • While there are several cases that have laid a foundation for cyber law, it is still in its infancy stage.
      Thank You
      Team One I!MBA11 - August 23, 2010
      26