Download - Team one i1 mba11 cyber law discussion
CYBER LAW DISCUSSION
I1MBA11 Team OneGuillermo Barthelmes, Nicole Gilchrist, James Landry, Chris Park, and Taylor
Prince
Team One I!MBA11 - April 8, 2023 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.”
Team One I!MBA11 - April 8, 2023 2Source: Business Dcitionary.com
Topics for Discussion
Personal Jurisdiction
Net Neutrality and Free Speech
Governance and Legislation
Internet Regulation
Team One I!MBA11 - April 8, 2023 3
Topics for Discussion
Personal Jurisdiction
Net Neutrality and Free Speech
Governance and Legislation
Internet Regulation
Team One I!MBA11 - April 8, 2023 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
Team One I!MBA11 - April 8, 2023 5Source: E-Commerce Law
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?
Team One I!MBA11 - April 8, 2023 6
A Supreme Court Ruling will likely be needed to establish a firm rule on personal jurisdiction
and the Internet.
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.Team One I!MBA11 - April 8, 2023 7Source: Chris Park’s Imagination
Topics for Discussion
Personal Jurisdiction
Net Neutrality and Free Speech
Governance and Legislation
Internet Regulation
Team One I!MBA11 - April 8, 2023 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 struggleTeam One I!MBA11 - April 8, 2023 9Source: The Washington Post
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
Team One I!MBA11 - April 8, 2023 10Source: Federal Communications
Commission (FCC)
China and Google
Extreme case of net neutrality China “blacked-out” Google in efforts to
censor content Slippery slope
Team One I!MBA11 - April 8, 2023 11Source: Net Neutrality Hearing
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
Team One I!MBA11 - April 8, 2023 12Source: FindLaw.com
Topics for Discussion
Personal Jurisdiction
Net Neutrality and Free Speech
Governance and Legislation
Internet Regulation
Team One I!MBA11 - April 8, 2023 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 Team One I!MBA11 - April 8, 2023 14Source: Nicholas Negroponte
Governance and Legislation
The Internet is independent of geographical boundaries
Creates complex issue of governance
Team One I!MBA11 - April 8, 2023 15
Cyberspace Regulation
Involves the interplay of three key elements1. A binding set of customs and practices
intended to formalize norms for the society2. Institutions to develop/enforce those customs
and practices3. 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 “
Team One I!MBA11 - April 8, 2023 17
Source: “Law and Borders – The Rise of Law in Cyberspace” by
David Johnson
Law in Cyberspace
Lawrence Lessig One of the leading experts cyberspace law Four modes of cyberspace regulation
1. Law2. Norms3. Markets4. Architecture
Team One I!MBA11 - April 8, 2023 18Source: Code and Other Laws of Cyberspace by Lawrence Lessig
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 - April 8, 2023 19
Topics for Discussion
Personal Jurisdiction
Net Neutrality and Free Speech
Governance and Legislation
Internet Regulation
Team One I!MBA11 - April 8, 2023 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
Team One I!MBA11 - April 8, 2023 21Source: Netlitigation.com
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
Team One I!MBA11 - April 8, 2023 22Source: law.cornell.edu
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 - April 8, 2023 23
Internet Regulations – China
Internet censorship common
Balance need for power vs. controlling content
President Hu Jintao Increased media regulation Arrest and prosecution of
journalists The “Cyber Police”
Team One I!MBA11 - April 8, 2023 24Source: “Media Censorship in
China”
Internet Regulations – Cuba
Government not pro-liberty and freedom Raul Castro
More open to outside influences Computer system access for government New operating system
Team One I!MBA11 - April 8, 2023 25Source: Google Hosted News
Thank You
Team One I!MBA11 - April 8, 2023 26