Related papers: Toward Textual Internet Immunity
Section 230 of the Communications Decency Act of 1996 is the most important law in the history of the internet. It is also one of the most flawed. Under Section 230, online entities are absolutely immune from lawsuits related to content…
Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors…
We do everything online. We shop, travel, invest, socialize, and even hold garage sales. Even though we may not care whether a company operates online or in the physical world, however, the question has dramatic consequences for the…
The phenomenon described as "information criminality" has taken significant proportions in the last decade, fact that carried out towards an international legislative frame, by implementing judicial forms, which might stop its occurrences.…
Since the beginning of the digital area, privacy and anonymity have been impacted drastically (both, positively and negatively), by the different technologies developed for communications purposes. The broad possibilities that the Internet…
Information technology is redefining national security and the use of force by state and nonstate actors. The use of force over the Internet warrants analysis given recent terrorist attacks. At the same time that information technology…
This paper serves as a brief technical examination of Net Neutrality and the Internet fundamentals relevant to the discussion. This document seeks to provide sufficient technical perspective that it may inform the political and economic…
The lack of established rules and regulations in cyberspace is attributed to the absence of agreed-upon ethical principles, making it difficult to establish accountability, regulations, and laws. Addressing this challenge requires examining…
While the Internet is often touted as a revolutionary technology, it might be noted that democratic institutions have witnessed no digital revolution through the Internet. This observation leads this chapter to argue that the field of…
The Internet has grown from a humble set of protocols for end-to-end connectivity into a critical global system with no builtin "immune system". In the next decade the Internet will likely grow to a trillion nodes and need protection from…
Cybersecurity attacks are a major and increasing burden to economic and social systems globally. Here we analyze the principles of security in different domains and demonstrate an architectural flaw in current cybersecurity. Cybersecurity…
Twenty-five years ago, Joel Reidenberg argued that technology itself, not just law and regulation, imposes rules on communities in the Information Society. System design choices like network architecture and configurations create regulatory…
A recent paper (circa 2020) by Osterwile et al., entitled "21 Years of Distributed Denial of Service: A Call to Action", states: "We are falling behind in the war against distributed denial-of-service attacks. Unless we act now, the future…
"Fake news" is an old problem. In recent years, however, increasing usage of social media as a source of information, the spread of unverified medical advice during the Covid-19 pandemic, and the rise of generative artificial intelligence…
For decades, proponents of the Internet have promised that it would one day provide a seamless way for everyone in the world to communicate with each other, without introducing new boundaries, gatekeepers, or power structures. What…
This article addresses the U.S. Supreme Court's central purpose formulation in Reporters Committee v. Department of Justice under the federal Freedom of Information Act. By examining all lower federal court opinions interpreting Reporters…
This Article examines the constitutional status of AI-mediated communication under the First Amendment. Social media platforms, increasingly integrated with generative AI systems, now function as core public communication infrastructures.…
Internet technologies have been designed from guidelines like the robustness principle also known as Postel's law. Jon Postel's law is described as: "Be conservative in what you do, be liberal in what you accept from others." Fundamentally,…
The unique challenge presented by the Internet is that compliance with local laws is rarely sufficient to assure a business that it has limited its exposure to legal risk. The paper identifies why the challenge of adequately accounting for…
This paper investigates a problem about freedom of information. Although freedom of information is generally considered desirable, there are a number of areas where there is substantial agreement that freedom of information should be…