Cyber Law Analysis Paper

Cyber Law Analysis Paper

Conflicting interests of individuals in privacy as to personal data and of firms that compile such data (e.g., European data protection directive, “cookies” when visiting websites)

Protection of privacy interests in electronic transactions (e.g., anonymity and pseudonymity issues)

Spamming: rights to do or to stop?

Legal infrastructure necessary to enable electronic commerce

Regulation of cyberbanking (vis-à-vis money laundering, fraud, tax collection)

Constitutionality of mandatory key escrow systems

Challenges to the constitutionality of export control regulations as they affect the teaching of encryption algorithms (e.g., Bernstein v. United States)

Constitutionality of the Communications Decency Act (e.g., Reno v. ACLU)

Regulating fantasies on the Internet (e.g., U.S. v. Jake Baker)

Legal responsibilities vis-à-vis MUDs and MOOs

Criminal regulations of computer hackers (e.g., U.S. v. Morris, U.S. v. Riggs, U.S. v. LaMacchia)

Jurisdiction in criminal law matters (e.g., U.S. v. Thomas; Minnesota Attorney General on cybergambling)

Jurisdiction in civil law matters (e.g., Maritz, Inc. v. Cybergold, Inc.)

Cyberspace as its own jurisdiction

Dispute resolution in cyberspace (e.g., the Virtual Magistrate)

The need for new principles to resolve conflicts of laws in cyberspace

Trademark rights and domain names (e.g., MTV v. Adam Curry)

INTERNIC and the need for revision of the domain name assignment system

Universal access to the Internet

Liability of intermediate institutions, such as online service providers, for libel, other torts, and copyright infringement (e.g., Cubby v. CompuServe)

Liability of intermediate institutions for defective electronic information

Using technology to protect private or public interests (e.g., V-chip, Clipper Chip, PICS)

Electronic Communications Privacy Act (how well does it work, should it be expanded?)

Employer and employee interests vis-à-vis electronic privacy (e.g., email and websurfing)

Future of legal citations in digital networked environments

Claims of proprietary rights in electronic versions of judicial opinions and statutes

Future of legal scholarship in digital networked environments (e.g., Hibbitts’ prediction of the death of the law review)

Copyright issues arising from linking on the World Wide Web

Online service provider claims of copyright in discussions on their systems

Patent wars in cyberspace (e.g., over digital cash, rights management systems, commercial transaction systems)

Antitrust issues in cyberspace (e.g., Justice Dept. investigations of Microsoft over Internet Explorer issues)

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