This document discusses various topics relating to cyber law including personal jurisdiction, net neutrality, governance, legislation, and internet regulation. It explores challenges such as where jurisdiction lies for online actions, balancing free speech and censorship, and determining appropriate laws and regulations for a borderless internet. Governance is complex due to geographical independence and different approaches are seen internationally, for example the US emphasizing free speech while China tightly controls content.

1. CYBER Law DiscussionI1MBA11 Team OneGuillermo Barthelmes, Nicole Gilchrist, James Landry, Chris Park, and Taylor PrinceTeam One I!MBA11 - August 23, 20101

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.comTeam One I!MBA11 - August 23, 20102

3. Topics for DiscussionPersonal JurisdictionNet Neutrality and Free SpeechGovernance and LegislationInternet RegulationTeam One I!MBA11 - August 23, 20103

4. Topics for DiscussionPersonal JurisdictionNet Neutrality and Free SpeechGovernance and LegislationInternet RegulationTeam One I!MBA11 - August 23, 20104

5. Personal Jurisdiction and Internet TransactionsInternet Law is in its infancyCases help to establish precedentInternet Solutions Corp v. MarshallNon-FL resident posted defamatory comment about FL resident onlinePosting does not equate to jurisdictionInstead, once comment available for viewing in FL, then personal jurisdiction existsFraser v. SmithDiffering rulingMaking content visible does not establish jurisdictionSource: E-Commerce LawTeam One I!MBA11 - August 23, 20105

6. Personal Jurisdiction and Internet Transactions cont.Where do courts normally draw the line?Purely Informational Websites – “Passive”Personal jurisdiction does not existHighly-Transactional Websites – “Active”Personal jurisdiction usually granted in plaintiff’s stateGray 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, 20106

7. Hypothetical ScenarioJohn… a resident of Ohio (OH)Creates an entertainment blog using Create-a-Site, a company based in OHSally… 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 postDoes 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 ImaginationTeam One I!MBA11 - August 23, 20107

8. Topics for DiscussionPersonal JurisdictionNet Neutrality and Free SpeechGovernance and LegislationInternet RegulationTeam One I!MBA11 - August 23, 20108

9. Net Neutrality and Free SpeechNet neutrality – concept of censoring certain facts of the Internet in the effort to maintain a measure of civility and decency amongst internet usersContrary to ideals set forth in the Constitution?Net Neutrality vs. Free Speech struggleSource: The Washington PostTeam One I!MBA11 - August 23, 20109

10. Federal Communications Commission (FCC)An independent United States government agencyRegulates and provides guidance for all means of communicationEstablished by the Communications Act of 1934Both Domestic and International issues exist for regulatory responsibilities of the World Wide WebSource: Federal Communications Commission (FCC)Team One I!MBA11 - August 23, 201010

11. China and GoogleExtreme case of net neutralityChina “blacked-out” Google in efforts to censor contentSlippery slopeSource: Net Neutrality HearingTeam One I!MBA11 - August 23, 201011

12. The U.S. and Net NeutralityControversy in U.S. less with traditional censorship, and more with data flow2008 – Internet Giants took issues to courtInvolvement by FCC unconstitutionalNetwork infrastructure unable sustain data flowApril 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 networksCongress has not given the FCC “untrammeled freedom” to regulate without explicit authoritySource: FindLaw.comTeam One I!MBA11 - August 23, 201012

13. Topics for DiscussionPersonal JurisdictionNet Neutrality and Free SpeechGovernance and LegislationInternet RegulationTeam One I!MBA11 - August 23, 201013

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 NegroponteTeam One I!MBA11 - August 23, 201014

15. Governance and LegislationThe Internet is independent of geographical boundariesCreates complex issue of governanceTeam One I!MBA11 - August 23, 201015

16. Cyberspace RegulationInvolves the interplay of three key elementsA binding set of customs and practices intended to formalize norms for the societyInstitutions to develop/enforce those customs and practicesAgreement among those who administer and are impacted by the customs and practicesRules 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 JohnsonTeam One I!MBA11 - August 23, 201017

18. Law in CyberspaceLawrence LessigOne of the leading experts cyberspace lawFour modes of cyberspace regulationLawNormsMarketsArchitectureSource:Code and Other Laws of Cyberspace by Lawrence LessigTeam One I!MBA11 - August 23, 201018

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, 201019

20. Topics for DiscussionPersonal JurisdictionNet Neutrality and Free SpeechGovernance and LegislationInternet RegulationTeam One I!MBA11 - August 23, 201020

21. Internet Regulation - U.S.U.S. 1st Amendment Loving v. BorenCourts 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. ThomasCourts rejected claim of first amendment defense on grounds of obscenityMainstream Loudoun v. Bd. Of Trustees of the Leoudoun County LibrarySource:Netlitigation.comTeam One I!MBA11 - August 23, 201021

22. Communication Decency Act (CDA) of 1996One of the most important attempts to regulate pornographic material on the internet.Reno v. American Civil Liberties UnionU.S. Supreme Court established that the Internet is entitled to the broadest First Amendment protectionsSource:law.cornell.eduTeam One I!MBA11 - August 23, 201022

23. Internet Regulations – the E.U.Directive 2000/31/ECArticle 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 awareArticle 15 - prevents member states from imposing laws that monitor hosted content for potential illegal activitiesTeam One I!MBA11 - August 23, 201023

24. Internet Regulations – ChinaInternet censorship commonBalance need for power vs. controlling contentPresident HuJintaoIncreased media regulationArrest and prosecution of journalistsThe “Cyber Police”Source:“Media Censorship in China”Team One I!MBA11 - August 23, 201024

25. Internet Regulations – CubaGovernment not pro-liberty and freedomRaul CastroMore open to outside influencesComputer system access for governmentNew operating systemSource:Google Hosted NewsTeam One I!MBA11 - August 23, 201025

26. Thank YouTeam One I!MBA11 - August 23, 201026