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Jacqueline Lipton

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Jacqueline Lipton

This chapter draws together threads of discussions raised in the preceding chapter to suggest ways forward for the development of the cyberlaw field with an enhanced focus on the role of online intermediaries in a globalized digital world. While it does not provide specific answers to many of the conundrums facing legislators about balancing intellectual property, privacy, reputational and other rights and interests in the digital world, it hopefully provides a more concrete and cohesive framework within which to debate future law reforms domestically and globally.
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Jacqueline Lipton

This chapter examines ways in which digital technology has challenged prior conceptions of copyright law and practice. It identifies emerging themes in digital copyright law and again focuses on the central role played by online intermediaries in monitoring and regulating the use and misuse of copyrights online. Issues of primary versus secondary liability for copyright infringement by online intermediaries is examined. The extent to which online intermediaries can avail themselves of the fair use defense to infringement in different contexts is also considered, as well as the role of the first sale defense in a digital context. The impact of the provisions of the Digital Millennium Copyright Act on the practices of online intermediaries is also considered.
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Jacqueline Lipton

This chapter considers the challenges posed to the protection of personal privacy in a globalized digital world. In particular, it emphasizes the highly divergent approaches taken to privacy protection between the United States and the European Union, with specific reference to the need to balance free speech interests against the protection of personal privacy. It considers some of the cyber-victimization laws that have been implemented and may work alongside privacy protections to prevent harm caused by incursions into an individual’s private online space. It also examines ways in which online privacy incursions can spill over into the physical world and cause tangible harm to victims.
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Jacqueline Lipton

This chapter compares online intermediaries’ role in copyright infringement with the trademark law context. It compares American and European approaches to primary and secondary liability for trademark infringement and dilution in the context of online intermediary practices. The practices of search engines and online retailers come under particular scrutiny here, and the chapter examines reasonable practices that may be employed to excuse such intermediaries from infringement or dilution liability. The relationship between trademarks and Internet domain names is examined and the role of the Internet Corporation for Assigned Names and Numbers (ICANN) in the regulation of trademark disputes involving domain names is discussed.
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Jacqueline Lipton

This chapter moves away from questions of online service provider liability for intellectual property infringements and focuses on their liability for damaging speech: defamation and other kinds of legally sanctioned speech. It contrasts approaches to regulating online service provider liability under Section 230 of the Communications Decency Act in the United States with approaches taken in copyright and trademark legislation and practice. It also considers the impact of globalization on the regulation of speech that may be harmful to individuals.
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Rethinking Cyberlaw

A New Vision for Internet Law

Jacqueline Lipton

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or Internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field.
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Jacqueline Lipton

This chapter considers historical approaches to the nature of classes and some of the limitations and inconsistencies in those approaches. It then examines the basic underlying tenets of cyberlaw from past cases and legislation and suggests a new framework for the field, focusing on the role of online intermediaries in digital information exchange. The impact of globalization on the scope of the field is also considered.
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Michael A. Einhorn

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Michael A. Einhorn