Law of Internet Speech

by Schachter, Madeleine; Kurtzberg, Joel

• ISBN13: 9781594604898
• ISBN10: 1594604894
• Edition: 3rd
• Format: Hardcover
• Copyright: 2008-01-01
• Publisher: Carolina Academic Press
• More Book Details

Summary

"The third edition of The Law of Internet Speech by Madeleine Schachter and Joel Kurtzberg updates and contextualizes recent developments in Internet law. The book explores the application of analytical models of First Amendment jurisprudence to Internet communications and examines the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography.The Law of Internet Speech also examines claims of on-line defamation, including an analysis of ISP immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications. A section on privacy interests explores the application of common law privacy torts to digital media, the implications of data mining and on-line profiling, and regulatory and statutory approaches to privacy protections. Authors Schachter and Kurtzberg also address proprietary interests in content, including copyright infringement and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. Application of these concepts is further explored in the context of linking, framing, and metataging. A glossary of Internet terms is also included."

Author Biography

Madeleine Schachter is vice president and deputy general counsel at Hachette Book Group USA, Inc. (formerly Time Warner Book Group, Inc.). She is also an adjunct professor of law at Fordham University School of Law. Joel Kurtzberg is a litigation partner at the firm of Cahill Gordon & Reindel LLP, where he specializes in First Amendment, intellectual property, and media work. He is also an Adjunct Professor at Fordham University School of Law.

Table of Contents

Preface
Fundamental Principles of Free Speech and the Nature of the Internet	p. 3
The Nature of the Internet	p. 15
Is There a Dichotomy between Freedom of Speech and Freedom of the Press?	p. 35
Analytical Frameworks for Internet Speech	p. 110
Regulation of Internet Content	p. 167
First Amendment Analytical Frameworks	p. 167
Fighting Words, Incitement, and True Threats	p. 177
Speech Relating to Matters of National Security	p. 215
Obscenity and Indecency	p. 260
Filtering Devices	p. 311
Defamation	p. 335
Definition and Elements	p. 335
Publication	p. 337
Of and Concerning the Plaintiff	p. 424
Defamatory Import	p. 451
Falsity	p. 462
The Requisite Degree of Fault	p. 476
Privilege	p. 502
Privacy Interests	p. 511
Fundamental Principles of Privacy	p. 511
Common Law Invasion of Privacy Claims	p. 513
Intrusion on Seclusion	p. 548
Data Mining and Data Protection Directives, Policies, and Legislation	p. 578
Access to Information	p. 653
Technological Privacy Protections: Encryption	p. 663
Proprietary Interests in Content	p. 681
Copyright	p. 681
Trademarks	p. 817
Issues Relating to Domain Names	p. 843
Applications to Internet Technologies	p. 902
Glossary	p. 965
Acknowledgments	p. 979
Table of Cases	p. 983
Index	p. 999
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