Content from the following sources has been used in the creation of this casebook:

• Regulating Online Conduct: Speech, Privacy, and the Use and Sharing of Content (Fall 2018)

  Authors:

  • Chris Bavitz
  • 1: Introduction and Overview: Mapping the Online Landscape original
  • 1.1: Ethan Zuckerman, History of the Internet (video) (6:51) original
  • 1.2: Jonathan Zittrain, How the Internet Works (video) (3:32) original
  • 1.3: Lawrence Lessig, Code v. 2.0 (Basic Books 2006), read Chapter 7, pp. 120 - 137 (CC BY-SA 2.5) (~17 pages) original
  • 1.4: James Grimmelmann, Internet Law: Cases and Problems (Version 8.0, 2018), read "Technical Primer: The Internet,” pp. 27-35 (~9 pages) original
  • 1.5: Jack Goldsmith and Timothy Wu, "Digital Borders," Legal Affairs (January /February 2006), read all (~5 pages) original
  • 1.6: 17 U.S.C. § 512.—Limitations on liability relating to material online original
  • 1.7: Communications Decency Act: 47 U.S. Code § 230 - Protection for private blocking and screening of offensive material original
  • 2: Online Speech original
  • 2.1: American Civil Liberties Union, "Freedom of Speech -- ACLU Position Paper" original
  • 2.2: Andrew Marantz, "The Fight Over Free Speech Online," The New Yorker (August 28, 2017) original
  • 2.3: Matthew Prince, "Why We Terminated Daily Stormer,' Cloudflare (August 16, 2017) original
  • 2.4: Anthony Lewis, Freedom for The Thought That We Hate: A Biography of the First Amendment, read "Freedom and Privacy," ch. 5, pp. 59 - 80 (Basic Books 2007) original
  • 2.5: Anthony Lewis, Freedom for The Thought That We Hate: A Biography of the First Amendment, read "Thoughts That We Hate," ch. 10, pp. 157 - 167 (Basic Books 2007) original
  • 2.6: Margaret E. Krawiec, Thomas A. Parnham, "Courts Parse First Amendment Protections for Anonymous Critics Online," Skadden's 2015 Insights - Global Litigation (January 2015) original
  • 2.7: Ankita Rao, "Social Media Companies Are Not Free Speech Platforms," Vice Motherboard (Nov 25, 2016) original
  • 3: Copyright (1 of 2): Basic Scope of Protection and Fair Use original
  • 3.1: Copyright Act: 17 U.S. Code § 102 - Subject matter of copyright: In general original
  • 3.2: Copyright Act: 17 U.S. Code § 106 - Exclusive rights in copyrighted works original
  • 3.3: Copyright Act: 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use original
  • 3.4: Feist Publications, Inc. v. Rural Telephone Service Co. original
  • 3.5: Loeb & Loeb LLP Publications and News, "Harney v. Sony Pictures Television" (January 10, 2017), read all (~2 pages) original
  • 3.6: Harney v. Sony Pictures Television: Image Comparison, review (~1 page) original
  • 3.8: Cariou v. Prince original
  • 3.9: Authors Guild Inc. v. Google Inc. original
  • 3.10: Kutiman, "Give It Up," Through You Too (YouTube, September 12, 2014) (video) (4:24) original
  • 4: Copyright (2 of 2): Online Liability and the DMCA Safe Harbor original
  • 4.1: Mike Masnick, "YouTube Wins Yet Another Complete Victory Over Viacom; Court Mocks Viacom's Ridiculous Legal Theories," Techdirt (April 18, 2013), read all (~2 pages) original
  • 4.2: Annemarie Birdy, "BMG v. Cox: The High Cost of Losing Safe Harbor," The Center for Internet & Society at Stanford Law School (December 5, 2015) , read all (~2 pages) original
  • 4.3: In the Matter of: Section 512 Study: Notice and Request for Public Comment, Docket No. 2015-7, Before the U.S. Copyright Office, Library of Congress, Joint Comments of Recording Industry Association of America et al. (March 31, 2016), read Sections I, II, and III, pages 1 - 14 (~13 pages) original
  • 4.4: Section 512 Study: Notice and Request for Public Comment, Docket No. 2015-7, Comment of Google, Inc. (April 1, 2016), read Responses to Questions 1, 2, and 7, pages 1 - 5 and page 8 (~6 pages) original
  • 4.5: Recent Case: Lenz v. Universal Music Corp., No. 13-16106, 2016 WL 1056082 (9th Cir. Mar. 17, 2016), reh'g en banc denied, id., 129 Harv. L. Rev. 2289 (June 10, 2016), read all (~7 pages) original
  • 4.6: Content Creators Coalition, "T Bone Burnett on the Broken DMCA Safe Harbors" (video) (4:54) original
  • 4.7: James Vincent, "EU approves controversial Copyright Directive, including internet ‘link tax’ and ‘upload filter’," The Verge (September 12, 2018) original
  • 5: Media Manipulation, Disinformation, and Propaganda original
  • 5.1: Yochai Benkler, Robert Faris, and Hal Roberts, "Network Propaganda: Manipulation, Disinformation, and Radicalization in American Politics" (Oxford University Press), read Ch. 1, "Epistemic Crisis" original
  • 5.2: Mike Isaac and Kevin Roose, "Disinformation Spreads on WhatsApp Ahead of Brazilian Election," The New York Times (October 19, 2018), read all original
  • 5.3: "24 Brazilian newsrooms unite to investigate election misinformation," FirstDraft (June 28, 2018) original
  • 5.4: Louis Jacobson, "Donald Trump says Democrats want to give cars to undocumented immigrants. Nope," Politifact (October 22, 2018) original
  • 5.5: David Weinberger, "Pointing at the Wrong Villain: Cass Sunstein and Echo Chambers," Los Angeles Review of Books (July 20, 2017) original
  • 6: Trademark original
  • 6.1: "Protecting Your Trademark: Enhancing Your Rights Through Federal Registration," United States Patent and Trademark Office, read pp. 2 - 9 (stop before "TRADEMARK SEARCHING") original
  • 6.2: Louis Vuitton - Penn Law Intellectual Property Group Controversy (1 of 3): February 29, 2012 cease & desist letter from Louis Vuitton (counsel: Michael Pantalony) to Dean Michael Fitts, read all (~4 pages) original
  • 6.3: Louis Vuitton - Penn Law Intellectual Property Group Controversy (2 of 3): March 2, 2012 reply letter from University of Pennsylvania (counsel: Robert Firestone) to Michael Pantalony, read all (~2 pages) original
  • 6.4: Louis Vuitton - Penn Law Intellectual Property Group Controversy (3 of 3): Ron Coleman, "Louis Louis," Likelihood of Confusion Blog (March 13,2012), read all (~4 pages) original
  • 6.5: Jenzabar, Inc. v. Long Bow Group, Inc., Amicus Brief of Digital Media Law Project, No. 2011-P-1533 (Mass. App. Ct. January 18, 2012), read Statement of Facts and Procedural History (pp. 3 - 4), Section I (pp. 6 - 8), and Sections II(A) and II(B) (pp. 8 - 23) (~19 pages) original
  • 6.6: Timothy Geigner, "Appeals Court Reverses Its Own Ruling: It's NOT Trademark Infringement for Amazon to Provide Useful Search Results," Techdirt (October 21, 2015) , read all (~1 page) original
  • 6.7: Jones Day - Kevynorr.com Controversy (1 of 2): Daniel Nazer, "EFF to Jones Day: Don't Be a Trademark Bully” (June 24, 2014), read all (~2 pages) original
  • 6.8: Jones Day - Kevynorr.com Controversy (2 of 2): June 23, 2014 reply letter from owner of kevynorr.com (counsel: Daniel Nazer / EFF) to Robert P. Ducatman (Jones Day), read all (~2 pages) original
  • 7: Privacy (1): Privacy Basics, Data Privacy and Private Entities original
  • 7.1: Dorothy J. Glancy, "The Invention of the Right to Privacy," 21 Ariz. L. Rev. 1 (1979), read pp. 1 - 8 original
  • 7.2: Caitlin Chin, "The U.S. Privacy Landscape Post-GDPR," Georgetown Public Policy Review (August 1, 2018) original
  • 7.3: Google Privacy Portal, skim all original
  • 7.4: Google's Privacy Policy, read all original
  • 7.5: Google's Privacy Principles, read all original
  • 7.6: "Facebook Settles FTC Charges That It Deceived Consumers By Failing To Keep Privacy Promises", Federal Trade Commission (November 29, 2011), read all original
  • 7.7: Jedidiah Bracy, "The Internet of Things: The Good, the Bad, and the Ugly," International Association of Privacy Professionals (July 26, 2013) original
  • 7.8: Kevin Granville, "Facebook and Cambridge Analytica: What You Need to Know as Fallout Widens," The New York Times (March 19, 2018) original
  • 7.9: Eric Goldman, "Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap," Technology & Marketing Law Blog (August 21, 2014) original
  • 7.10: John Hendel, "In Europe, a Right to Be Forgotten Trumps the Memory of the Internet," The Atlantic (Feb 3, 2011) original
  • 8: Privacy (2 of 2): Law Enforcement and Government Surveillance original
  • 8.1: Bruce Schneier, "Privacy and the Fourth Amendment," Schneier on Security (March 31, 2009) original
  • 8.2: Orin Kerr and Greg Nojem, "The Data Question: Should the Third-Party Records Doctrine Be Revisited?," ABA Journal (August 1, 2012) original
  • 8.3: Matt Stroud, "How a coke dealer busted by GPS tracking is changing privacy law," The Verge (February 21, 2012) original
  • 8.4: "Snowden Revelations," Lawfare, skim all original
  • 8.5: Sabrina McCubbin, "Summary: The Supreme Court Rules in Carpenter v. United States," Lawfare (June 22, 2018), read all original
  • 9: Computer Crimes and the Computer Fraud and Abuse Act original
  • 9.1: 18 USC § 1030 - Fraud and related activity in connection with computers, skim all original
  • 9.2: MBTA v. Anderson, et al., Civ. No. 08-11364-GAO (D.Mass): Complaint (filed 8/8/08), read paragraphs 1-4, 33-75, pages 16-17 (Requested Relief); skim paragraphs 15-32 original
  • 9.3: MBTA v. Anderson, et al., Civ. No. 08-11364-GAO (D.Mass): Memorandum in Support of Motion for TRO (filed 8/8/08), read all original
  • 9.4: MBTA v. Anderson, et al., Civ. No. 08-11364-GAO (D.Mass): Temporary Restraining Order (issued 8/08), read all original
  • 9.5: MBTA v. Anderson, et al., Civ. No. 08-11364-GAO (D.Mass): Defendants' Motion for Reconsideration of TRO, read pp. 1-12; skim pp. 13-18 original
  • 9.6: Kim Zetter, "Judge Acquits Lori Drew in Cyberbullying Case, Overrules Jury," Wired (July 2, 2009), read all original
  • 9.7: Christian Sandvig, "Heading to the Courthouse for Sandvig v. Sessions," Social Media Collective (October 19, 2017) , read all original
  • 9.8: Jennifer Granick, "Thoughts on Orin Kerr's CFAA Reform Proposals: A Great Second Step," Stanford Center for Internet & Society (January 23, 2013), read all original
  • 9.9: Knight First Amendment Institute at Columbia University, Letter to Facebook (August 6, 2018) original
  • 10: AI, Algorithms, and Machine Learning: Law, Ethics, and Governance original
  • 10.1: Julia Angwin, Jeff Larson, Surya Mattu and Lauren Kirchner, "Machine Bias," ProPublica (May 23, 2016) original
  • 10.2: Jonathan Zittrain, "Some starting questions around pervasive autonomous systems," Medium (May 15, 2017), read all original
  • 10.3: Doshi-Velez, Finale and Kortz, Mason and Budish, Ryan and Bavitz, Christopher and Gershman, Samuel J. and O'Brien, David and Shieber, Stuart and Waldo, Jim and Weinberger, David and Wood, Alexandra, "Accountability of AI Under the Law: The Role of Explanation" (November 3, 2017), available at SSRN: https://ssrn.com/abstract=3064761, read all original
  • 10.5: Urs Gasser, "In AI We Trust?," Medium (September 29, 2017), read all original
  • 10.6: Ryan Budish, "Helping Global Policymakers Navigate AI’s Challenges and Opportunities," Medium.com (August 13, 2018), read all original
  • 11: Technology, Human Rights, and Corporate Social Responsibility original
  • 11.1: United Nations, "Universal Declaration of Human Rights," skim all original
  • 11.2: Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, United Nations, Human Rights Office of the Commissioner (2011), read pages 1, 13-26. original
  • 11.3: Michael A Samway, "The Global Network Initiative: how can companies in the information and communications technology industry respect human rights?," in Business and Human Rights: From Principles to Practice (eds. Dorothee Baumann-Pauly and Justine Nolan, Routledge, London and New York, 2016), read all original
  • 11.4: "Yahoo Criticized in Case of Jailed Dissident," The New York Times (November 7, 2007), read all original
  • 11.5: Neil Gough, "Chinese Democracy Advocate is Freed After 8 Years in Prison", The New York Times (September 7, 2013), read all original
  • 11.6: Tania Branigan, "LinkedIn under fire for censoring Tiananmen Square posts," The Guardian (June 4, 2014) original
  • 11.7: Reed Albergotti, LinkedIn Considers Changes After China Censorship Revealed," Wall Street Journal Digits (September 3, 2014), read all original
  • 12: Education and Public Interest Technology original
  • 12.1: Susan Crawford, "Why Universities Need 'Public Interest Technology' Courses," Wired (August 22, 2018), read all original
  • 12.2: Freedman Consulting, "A Pivotal Moment: Developing A New Generation of Technologists for the Public Interest" (2016), read pp. 1 - 3 original
  • 12.3: Michael Brennan, "Public Interest Tech: A growing field you should know," Ford Foundation (April 2, 2018), read all original
  • 13: Tech Development and Deployment in Government original
  • 13.1: Alvin Salehi, "Sharing America's Code," O'Reilly (May 11, 2017), watch all original
  • 13.2: Code.gov, skim original
  • 13.3: "United States Digital Service 2016 Report to Congress: Transforming Federal IT Procurement," read all original
  • 13.4: Timothy B. Lee, "Here's Obama's plan to prevent future IT disasters like the Healthcare.gov rollout," Vox.com (April 20, 2016), read all original
  • 13.5: Julia Angwin, Jeff Larson, Surya Mattu and Lauren Kirchner, ProPublica, “Machine Bias,” Pro Publica (May 23, 2016), read all original
  • 13.6: Steve Ressler, "How Local Governments Are Using Technology to Serve Citizens Better," Harvard Business Review (January 12, 2016), read all original
  • 13.7: Susan Crawford, "Governing the Smart, Connected City," Harvard Business Review (October 31, 2014), read all original
  • 14: Censorship, Command-and-Control Content Regulation by Government: A Global Perspective original
  • 14.1: Jack Balkin, "The Hugo Black Lecture, Part I," Balkinization (March 28, 2011), read all original
  • 14.2: Jack Balkin, "The Hugo Black Lecture, Part II," Balkinization (March 2, 2011), read all original
  • 14.3: Jack Balkin, "Old-School / New-School Speech Regulation," Faculty Scholarship Series Paper 4877 (2014), read pp. 2298 - 2299 (start "Traditional or 'old-school,'"end "judicial injunctions") original
  • 14.4: Vidhi Doshi, "Facebook under fire for 'censoring' Kashmir-related posts and accounts," The Guardian (July 19, 2016), read all original
  • 14.5: Declan Walsh, Salman Massod, "Facebook Under Fire for Temporarily Blocking Pages in Pakistan," The New York Times (June 6, 2014), read all original
  • 14.6: Robert Mackey, "Twitter Agrees to Block 'Blasphemous' Tweets in Pakistan," The New York Times (May 22, 2014) original
  • 14.7: Link to www.nytimes.com original