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

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

by Stuart Biegel
     
 

ISBN-10: 0262025043

ISBN-13: 9780262025041

Pub. Date: 10/01/2001

Publisher: MIT Press

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…  See more details below

Overview

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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Product Details

ISBN-13:
9780262025041
Publisher:
MIT Press
Publication date:
10/01/2001
Pages:
472
Product dimensions:
6.00(w) x 9.00(h) x 1.25(d)
Age Range:
18 Years

Table of Contents

Acknowledgments
Introduction
1Controlling the Internet: Is Anyone in Charge?3
2Just How Different Is Cyberspace?25
3Is There Really a Problem Here? Sorting Out Categories of Allegedly Problematic Conduct51
4The Inherent Limits of Our Legal System97
5The Traditional Regulation Model: Applying Existing Rules and Developing New Legal Frameworks at the Individual Country Level123
6International Models of Agreement and Cooperation157
7Changing the Architecture of the Internet: Code-Based Regulation and Its Implications187
8Charting a Roadmap for Prospective Regulation215
9Combating Dangerous Conduct in Cyberspace: A Focus on Cyberterrorism227
10Combating Fraudulent Conduct in Cyberspace: A Focus on Consumer Rights259
11Coming to Terms with Unlawful Anarchic Conduct in Cyberspace: A Focus on Private Digital Copying by the Average Netizen279
12Confronting Inappropriate Conduct in Cyberspace: Online Hate and the Inherent Limits of the Law321
Conclusion353
Notes365
Subject Index437
Index of Cases and Statutes451

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