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Beyond Our Control?:Confronting the Limits of Our Legal System in the Age of Cyberspace

Cover Image Copyright Year: 2003
Author(s): Stuart Biegel
Publisher: MIT Press
Content Type : Books & eBooks
Topics: General Topics for Engineers
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Abstract

This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs.

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      Front Matter

      Page(s): i - xiv
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Half Title, Title, Copyright, Contents, Acknowledgments, Introduction View full abstract»

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      Part I

      Page(s): 1
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

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      Controlling the Internet: Is Anyone in Charge?

      Page(s): 3 - 23
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

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      Just How Different Is Cyberspace?

      Page(s): 25 - 49
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

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      Is There Really a Problem Here? Sorting Out Categories of Allegedly Problematic Conduct

      Page(s): 51 - 95
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Dangerous Conduct, Fraudulent Conduct, Unlawful Anarchic Conduct View full abstract»

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      The Inherent Limits of Our Legal System

      Page(s): 97 - 119
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: The Implicit Social Contract, Effectiveness of the Law in Complex Territory with Many Variables, The Boundaries of Local Control, The Practical Limits of Law Enforcement View full abstract»

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      Part II

      Page(s): 121
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

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      The Traditional Regulation Model: Applying Existing Rules and Developing New Legal Frameworks at the Individual Country Level

      Page(s): 123 - 156
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: The “Decency” Legislation of 1996 and 1998, The “No Electronic Theft” Act of 1997, The Internet Tax Freedom Act of 1998, Related Efforts to Regulate Content at the State Level View full abstract»

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      International Models of Agreement and Cooperation

      Page(s): 157 - 186
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: International Law in General, International Agreements Focusing on Cyberspace: WIPO and ICANN as Early Examples, Other Models of International Cooperation with Potential Applicability for Cyberspace, International Models of Agreement and the Prospective Regulation of Cyberspace: Analysis and Prognosis View full abstract»

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      Changing the Architecture of the Internet: Code-Based Regulation and Its Implications

      Page(s): 187 - 211
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Code-Based Changes at the Application Layer of TCP/IP, Code-Based Changes on Individual Users' Hard Drives, Code-Based Changes in the Design of Digital Products View full abstract»

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      Part III

      Page(s): 213
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Charting a Roadmap for Prospective Regulation

      Page(s): 215 - 225
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Combating Dangerous Conduct in Cyberspace: A Focus on Cyberterrorism

      Page(s): 227 - 258
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Denial-of-Service Attacks, February 2000: The Internet “Under Siege”, Run-of-the-Mill Hacking or Cyberterrorism?, Protecting Against Cyberterrorism: An Initial Assessment of Regulatory Options, Traditional Regulation under National Law, Developing New Laws to Counter Cyberterrorism and Address, Additional Regulation under the International Cooperation Model, Changing Internet Architecture to Maximize Security View full abstract»

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      Combating Fraudulent Conduct in Cyberspace: A Focus on Consumer Rights

      Page(s): 259 - 278
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Traditional Regulation of Consumer Fraud under National Law, The “Moldovan Modem” and “Pagejacking-Mousetrapping” Cases, Combating Consumer Fraud under the International Agreement Model, Employing Code-Based Regulation to Combat Consumer Fraud, Regulating Online Consumer Fraud: Assessment and Prognosis View full abstract»

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      Coming to Terms with Unlawful Anarchic Conduct in Cyberspace: A Focus on Private Digital Copying by the Average Netizen

      Page(s): 279 - 320
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: The Dilemma of Private Personal Copying: From Xerox Machines to MP3, Traditional Regulation of Private Digital Copying under National Law, U.S. Laws Addressing Private Copying in a Changing Technological Environment, A Call for Realism, Addressing Private Digital Copying under the International Agreement Model, Employing Code-Based Regulation to Address Egregious Private Personal Copying View full abstract»

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      Confronting Inappropriate Conduct in Cyberspace: Online Hate and the Inherent Limits of the Law

      Page(s): 321 - 352
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Traditional U.S. Law and Its Impact on Prospective Regulation of Extremist, Hate-Related Web Sites, Highlights of U.S. First Amendment Law: Basic Principles and Major Exceptions, Restricting Extremist, Hate-Related Web Sites under One or More of the Recognized Exceptions, Restricting Hate-Related Web Sites on an International Level, The Role of Code-Based Restrictions in This Area, Other Strategies and Approaches to Counter Online Hate View full abstract»

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      Conclusion

      Page(s): 353 - 364
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

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      Notes

      Page(s): 365 - 436
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Chapter 1, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Chapter 8, Chapter 9, Chapter 10, Chapter 11, Chapter 12 View full abstract»

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      Subject Index

      Page(s): 437 - 450
      Copyright Year: 2003

      MIT Press eBook Chapters

      This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action.Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs. View full abstract»

    • Full text access may be available. Click article title to sign in or learn about subscription options.

      Index of Cases and Statutes

      Page(s): 451 - 452
      Copyright Year: 2003

      MIT Press eBook Chapters

      This chapter contains sections titled: Chapter 1, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, Chapter 8, Chapter 9, Chapter 10, Chapter 11, Chapter 12 View full abstract»