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9780471377481

Isp Liability Survival Guide

by
  • ISBN13:

    9780471377481

  • ISBN10:

    0471377481

  • Format: Paperback
  • Copyright: 2000-05-01
  • Publisher: Wiley
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Supplemental Materials

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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

Supplemental Materials

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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