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Transcript

  • 1. PLS 780 Week 2
  • 2. Agenda • Government regulation of the internet • Privacy rights online
  • 3. Pre-Regulated Internet • What do you think this looked like? • Widely used? • What activities do you think took place that might have been problematic?
  • 4. Regulatory Methods • Law (statues, regulations and case law) • Markets (e.g. concerns about privacy, moral correctness, socially acceptable behaviors etc.) • Funding sources (e.g. venture capital and fundraising for viable business models) • Technology (e.g. encryption of digital content)
  • 5. Antitrust Law • Sherman and Clayton Acts limit cartels and monopolies • Prohibit price discrimination • Prohibits interlocking directorates or being on the board of a competing company
  • 6. Tying • Antitrust principle that is frequently applied to online/technology users • Limits the sale of one good or service conditional to the purchase of another • Apple and AT&T: Purchase of iPhone originally dependent upon buying AT&T service; Classic tying behavior. Did this arrangement violate rules of fairness? • Why did the district court in In re Apple & AT&T reject Apple’s argument that no unfair tying took place?
  • 7. Comcast v FCC • What happened in this case? • Has the FCC’s regulatory authority kept place with evolving technology? What does this case represent with regards to that question? • If Comcast carries over 70% of all high speed internet traffic is it a monopoly? • If Google carries over 70% of all search traffic is it a monopoly?
  • 8. Net Neutrality • What is it? • Why does it matter so much? • How was it established? • Where does it stand currently? • What role does the recent Verizon case play in it? • Where do we go from here? • Was the FCC right?
  • 9. Net Neutrality • The principle that all movement and content on the internet should receive equal treatment • Key principle of government regulation of the internet • Is it sound? Should the government exercise regulatory power to ensure that all information transmitted over the internet is treated equally?
  • 10. FCC Open Internet Order 2010 • FCC is committed to preserving an open internet • That means several things including • Transparency • No blocking of content • No unreasonable discrimination of content
  • 11. Verizon v FCC • What did this 2014 case do to the FCC’s open internet rules? • What happened in this case? • What did the court hold? • Was the decision correct in your opinion? • What role does the idea of ISP as a common carrier play in the decision? • This decision is a huge win to ISPs. It effectively allows them to have it ‘both ways’. Why? • Why do you think the appeals court side-stepped the bigger issue her? • Why did the FCC side-step the bigger issue here?
  • 12. Taxation • Fiscal policy/taxation • Does the old ‘nexus’ rule apply in cyberspace? • What does the Quill case tell us about the definition of a retailer? Borders Online v State Board of Equalization? Geoffrey v. Commissioner? (in groups of 3 present these cases) • States want to collect taxes on this economic activity; Should they? Why or why not? • Recent developments: 50 state guide
  • 13. Content Regulation • Should content be regulated? • Is there a difference between user generated content and other content? What policy considerations are at play here? • Is the Communications Decency Act a successful statues? It was meant to regulate obscenity in cyberspace? The internet went dark that day in 1996 • Eventually held unconstitutional by Reno v ACLU • Now it prevents ISP or website liability for content related torts. Why? Barnes v. Yahoo (websites are not publishers)
  • 14. Privacy • Constitutional protection (implied) • Well established line of case law indicates that we have a right to privacy when we (society) would reasonably expect it combined with an individual’s demonstration of an expectation of privacy • Technology and privacy: How would you characterize the relationship? Jones provides some indication… • Katz: Expectation of privacy • Jones: Physical trespass too
  • 15. Privacy and Online Activities • Common law torts for invasion of privacy • Intrusion upon seclusion • Public disclosure of private facts causing injury to reputation • Publicly placing another in a false light • Misappropriation of a person’s name or likeness causing injury to reputation
  • 16. Federal Data Privacy Laws • Piecemeal approach • Privacy Protection Act • Privacy Act of 1974 • Cable Communications Policy Act • Video Privacy Protection Act • Telephone Consumer Protection Act • Electronic Communications Privacy Act • Fair Credit Reporting Act • Graham Leach Bliley • Health Insurance Portability and Accountability Act • Children’s Online Privacy Protection Act • Controlling the Assault of Non-Solicited Pornography and Marketing Act • As well as state specific laws • Why so many?!?!
  • 17. Behavioral Advertising • Primarily self-regulated • Established by terms and conditions of use • Self regulatory principles (p 385); Are they adequate? • Federal Trade Commission has been very reluctant to get into this fight. Why?
  • 18. Privacy at Work • Previously we understood workplace privacy as pretty much non-existent • Stengart changed that. How? • What policy considerations are there for enhanced privacy at work?
  • 19. Finally • Boring v. Google • Similar to Causby? Why or why not?