Isp Liability Survival Guide

by Timothy D. Casey

• ISBN13: 9780471377481
• ISBN10: 0471377481
• Format: Paperback
• Copyright: 2000-05-01
• Publisher: Wiley

Summary

Visit the Networking Council Web site at www.wiley.com/networkingcouncil

Author Biography

TIMOTHY CASEY is a Senior Vice President and the Chief Technology Counsel for MCI WorldCom, where he manages the Technology Law Group. He is recognized as the top ISP technical and legal expert in the world.<br> <br> LYMAN CHAPIN- Chief Scientist at BBN Technologies, CTO for GTE Technology Organization, and founding trustee of the Internet Society<br> <br> SCOTT BRADNER- Senior Consultant for Harvard University, Transport Area Director IETF, trustee of the Internet Society, and ISOC VP of Standards<br> <br> CERF- Senior Vice President for Internet Architecture and Technology at MCI Worldcom, founding President of the Internet Society, and co-inventor of TCP/IP

Table of Contents

Networking Council Foreword	xi
Acknowledgments	xiii
Introduction	xv
Overview	xix
How This Book Is Organized	xix
WWW: The Wild, Wild West?	xix
Intellectual Property and Other Laws Made Simple	xx
A Special Law for ISPs: The DMCA	xx
Other Internet-Specific Laws	xx
What Is an ISP to Do (or Not)? Content and Activity Regulations to Live	xxi
Incorporating ISP Liability Concepts in Contracts	xxi
Policies and Procedures: What to Ask/Tell Your Lawyer	xxii
Technical and Legal Glossary	xxii
Who Should Read This Book?	xxii
Assumptions	xxiii
WWW: The Wild, Wild West?	1	(16)
Whatever Happened to Self-Regulation?	2	(3)
The Problem with Content	2	(1)
The Problem with Privacy	3	(1)
Cats on Drugs	4	(1)
Why Self-Regulation Will Fail to Prevent Regulation	4	(1)
Who's the Sheriff?	5	(12)
Making Laws and Regulations in the United States	5	(6)
Making Laws and Regulations in the European Union	11	(3)
What about the Rest of the World?	14	(3)
Intellectual Property and Other Laws Made Simple	17	(82)
Copyrights, Freedom of Speech, and Related Rights	17	(24)
Copyright Ownership	18	(2)
What Can be Copyrighted?	20	(3)
Where Copyright Protection Stops	23	(2)
What Protection Do You Get under Copyright?	25	(3)
When Is a Copyright Infringed?	28	(1)
The 10 Mythical Defenses to Copyright Infringement	29	(6)
What Are Some Defenses to a Claim of Copyright Infringement?	35	(1)
What Happens When You Are Liable for Copyright Infringement?	36	(1)
Free Speech and Related Rights	37	(4)
Trademarks and Unfair Competition in Cyberspace	41	(21)
What Is a Trademark?	42	(1)
How Do You Obtain and Keep Rights to a Mark?	43	(1)
How Do I Clear a Mark?	44	(1)
How Do I Protect a Mark?	45	(4)
When Is a Mark Infringed and What Can You Do about It?	49	(1)
Unfair Competition and Related Claims	50	(2)
The Clash between Trademarks and Domain Names	52	(3)
Trademark Dilution	55	(2)
In Rem Actions against Domain Names under the Anticybersquatting Consumer Protection Act	57	(1)
Domain Name Piracy Battles	58	(4)
Patents, Trade Secrets, Antitrust, and Standards	62	(37)
Patent Ideology	63	(1)
Patent History	64	(1)
The Development of Modern Patent Law	65	(1)
The Patent World on Its Head	66	(1)
Why Patents Really Should Matter to You	67	(2)
What Are the Different Types of Patents?	69	(1)
What Can Be Patented?	70	(1)
Patenting Software and Computer-Implemented Inventions	70	(3)
Patenting Business Methods	73	(4)
When Does an Idea Become a Patentable Invention?	77	(3)
Patentability Bars	80	(1)
Term of Patent Protection	81	(1)
The Pending Patent Application	82	(1)
The Transfer of Patent Rights	83	(1)
What Is the Process for Getting a Patent?	83	(2)
The Content of the Patent	85	(1)
Understanding Patent Claims	86	(1)
The Issued Patent	87	(1)
Patent Notice and Ownership	87	(1)
Patent Infringement	88	(1)
Patent Defenses	89	(1)
Patent Remedies	90	(1)
Patent Maintenance and Annuities	90	(1)
Trade Secrets	91	(2)
Antitrust	93	(2)
Internet Standards	95	(4)
A Special Law for ISPs: The DMCA	99	(20)
History of the DMCA	99	(5)
The Infamous White Paper	100	(1)
A Dangerous Lack of Attention	100	(2)
A First-Round Victory	102	(1)
The WIPO Treaty Negotiations	102	(1)
The Birth of the DMCA and the E-Commerce Directive	103	(1)
Basic Legal Rules of the DMCA	104	(15)
Structural Composition	104	(1)
The Definitions of Service Providers	105	(1)
The Mere Conduit Exemption	105	(1)
Other Limitations on Liability	106	(5)
Notice and Take Down	111	(1)
Special Rules for Colleges and Universities	112	(1)
Protections for ISPs against Abuse and Mistake	113	(1)
Counternotice and Protecting Customers	114	(1)
DMCA Identification Subpoenas	115	(1)
No Monitoring Required	115	(1)
Technical Compliance	116	(1)
Injunctive Relief	117	(1)
What If You Don't Like the DMCA?	117	(2)
Other Internet-Specific Laws	119	(36)
Privacy, Publicity, and Defamation	120	(8)
Privacy	121	(5)
Children's Privacy	126	(1)
Publicity	127	(1)
Defamation	127	(1)
Indecency versus Obscenity	128	(8)
The Basic Test for Obscenity	129	(1)
Application of the Obscenity Test to the Internet	130	(1)
The Communications Decency Act	130	(2)
Special Laws Relating to Children	132	(1)
Obscenity Rules Need Not Apply	132	(1)
Child Porn Is Child Porn, Animated or Not	133	(1)
Protection of Children from Sexual Predators Act	134	(1)
Other Action around the World	135	(1)
Spamming, Cramming, Spoofing, and Trespassing	136	(4)
Spamming	136	(2)
Cramming	138	(1)
Spoofing	138	(1)
The Reemergence of Trespassing Laws	139	(1)
Hyperlinking, Portals, and Framing	140	(2)
Hyperlinking and Deep Linking	140	(1)
Portals	141	(1)
Framing	141	(1)
Digital Signatures	142	(1)
Importing/Exporting of Software, Technology, and Content	143	(3)
Cryptography	143	(2)
Change Is in the Wind	145	(1)
Importing Banned Material	145	(1)
Gambling, Guns, Alcohol, and Money on the Internet	146	(9)
Gambling	146	(6)
Guns	152	(1)
Drugs	152	(1)
Alcohol	153	(1)
Money Laundering	154	(1)
And On and On	154	(1)
What Is an ISP to Do (or Not)? Content and Activity Regulations to Live By	155	(44)
The DMCA Dos and Don'ts	156	(8)
Designating an Agent for Receipt of a DMCA Notice	157	(1)
When Is an ISP Immune?	157	(1)
Hosting Content and Complying with Notice and Take Down	158	(2)
Information Location Tools	160	(1)
Caching and Other Forms of Storage	160	(2)
Conditions for Eligibility, Injunctive Relief, and User Privacy	162	(2)
The EU Copyright Directive Proposal and E-Commerce Directive Proposal	164	(5)
What's Similar to the DMCA and What's Different?	165	(4)
Immunity and Indirect Notice	169	(1)
Domain Names and Related Names	169	(2)
Gambling, Drugs, Alcohol	171	(3)
The Internet Gambling Prohibition Act	171	(2)
Prohibitions against Drug Paraphernalia and Controlled Substances	173	(1)
Alcohol and International Actions	174	(1)
ISP Liability Gone Amok	174	(3)
Horror Stories from Down Under and Other Nice Places to Visit	175	(2)
A Uniform Procedure for Dealing with Content Regulation	177	(2)
A Plea for International Uniformity	177	(2)
Protecting Consumers and Their Privacy: Tools and Agents	179	(11)
Privacy, Defamation, and Related Concerns	179	(7)
Spamming, Spoofing, and Fraud	186	(2)
Cookies and Other Tempting Tidbits	188	(2)
Hate Speech and Special National Laws	190	(1)
Pornography and Other Touchy Subjects	191	(5)
Filtering Requirements	192	(1)
Child Pornography Reporting Requirements	193	(1)
Staying out of Jail in Bavaria	194	(2)
Insurance	196	(3)
Incorporating ISP Liability Concepts in Contracts	199	(22)
Key Concepts of Contracting	200	(2)
Contracts with Vendors and Suppliers	202	(8)
Supplier Paper and Contract Structure	202	(1)
Important Obligations Related to Liability	203	(4)
Intellectual Property Issues	207	(2)
Retaining Your Flexibility	209	(1)
Content Flow	210	(1)
Peering Contracts between ISPs	210	(4)
Direct Peering Requirements	211	(2)
Direct Peering Contractual Terms	213	(1)
Contracts with Customers	214	(7)
Policies and Procedures: What to Ask/Tell Your Lawyer	221	(18)
Policies	221	(14)
Adoption of Policies Required by Law	223	(3)
Adoption of Policies You Want to Adopt	226	(2)
Adoption of Policies You Feel Compelled to Adopt	228	(7)
Procedures	235	(2)
What to Ask/Tell Your Lawyer	237	(2)
Technical and Legal Glossary	239	(10)
Index	249