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Case Study Analysis

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Internet Law - Presentation Transcript
1. Presented by Professor Mark Grabowski (Note: This is not legal advice)
2. We’ll discuss…
* History of Internet Law
* Why It’s Difficult to Regulate
* Which Laws Exist?
* Which Legal Issues Remain?
3. When it comes to law and order, the Internet may seem like the Wild West
4. But there are laws…
* In the 1997 case Reno v. American Civil Liberties Union, the U.S. Supreme Court unanimously ruled that content on the Internet should be protected by the First Amendment. This was the first major ruling regarding regulation of materials online. So, Internet law does not have the same long-standing Supreme Court precedents (as does areas such as campus speech and newspaper publishing) due to its newness.
5. Regulating the Internet is difficult
* Many proposed laws have been ruled unconstitutional for being too broad and vague.
* Recent legislation, such as the Child Online Protection Act and Communications Decency Act proposed by Congress, sought to ban “lewd” and “annoying” material. But what does that mean?
6. Jurisdictional issues…
* The Internet, unlike broadcast stations, is worldwide and therefore beyond U.S. jurisdiction in many cases. We can’t control what’s on a Turkish website, unless we block access to certain websites as China does. Do we want that?
7. Who’s to blame for bad content?
* The Internet allows for a lot of anonymous speech. Often, authorities have difficulty tracing the source of controversial material. Do we go after websites and Internet service providers – “shoot the messenger”? Is it reasonable/practical to hold them responsible for the millions of things posted online everyday?...

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