Cyber Law Discussion - Team One I1MBA11

CYBER LAW DISCUSSION

I1MBA11 Team OneGuillermo Barthelmes, Nicole Gilchrist, James Landry, Chris Park, and Taylor

Prince

Team One I!MBA11 - April 10, 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 10, 2023 2Source: Business Dcitionary.com

Topics for Discussion

Personal Jurisdiction

Net Neutrality and Free Speech

Governance and Legislation

Internet Regulation






Internet Regulation


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 10, 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?


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 10, 2023 7Source: Chris Park’s Imagination





Internet Regulation



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 10, 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 10, 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 10, 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 10, 2023 12Source: FindLaw.com





Internet Regulation



"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 10, 2023 14Source: Nicholas Negroponte


The Internet is independent of geographical boundaries

Creates complex issue of governance


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 “


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 10, 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)






Internet Regulation


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 10, 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 10, 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


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 10, 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 10, 2023 25Source: Google Hosted News

While there are several cases that have laid a foundation for

cyber law, it is still in its infancy stage.


Thank You

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