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

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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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Editorial Reviews

From the Publisher
"... a study of Internet law that leaves no stone in cyberspace unturned... Biegel proves to be a gifted teacher.... Biegel's well-researched and carefullyorganized text is one of the most comprehensive of its kind." David McPhie Harvard Journal of Law and Technology

"Biegel's well-researched and carefullyorganized text is one of the most comprehensive of its kind." David McPhie Harvard Journal of Law and Technology

"I recommend for any instructors or researchers who need a popular reference to the recent legal history of the Internet." Curtis D. Frye Technology and Society Book Reviews

"It is in systematically presenting to the reader an actual analytical framework that Biegel's book becomes highly recommended reading." Jerry E. Stephens Resource Center for Cyberculture Studies website

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Product Details

  • ISBN-13: 9780262025041
  • Publisher: MIT Press
  • Publication date: 10/1/2001
  • Pages: 472
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.25 (d)

Meet the Author

Stuart Biegel is a member of the faculty at the Graduate School of Education and Information Studies and the School of Law at the University of California, Los Angeles.

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Table of Contents

Acknowledgments
Introduction
1 Controlling the Internet: Is Anyone in Charge? 3
2 Just How Different Is Cyberspace? 25
3 Is There Really a Problem Here? Sorting Out Categories of Allegedly Problematic Conduct 51
4 The Inherent Limits of Our Legal System 97
5 The Traditional Regulation Model: Applying Existing Rules and Developing New Legal Frameworks at the Individual Country Level 123
6 International Models of Agreement and Cooperation 157
7 Changing the Architecture of the Internet: Code-Based Regulation and Its Implications 187
8 Charting a Roadmap for Prospective Regulation 215
9 Combating Dangerous Conduct in Cyberspace: A Focus on Cyberterrorism 227
10 Combating Fraudulent Conduct in Cyberspace: A Focus on Consumer Rights 259
11 Coming to Terms with Unlawful Anarchic Conduct in Cyberspace: A Focus on Private Digital Copying by the Average Netizen 279
12 Confronting Inappropriate Conduct in Cyberspace: Online Hate and the Inherent Limits of the Law 321
Conclusion 353
Notes 365
Subject Index 437
Index of Cases and Statutes 451
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