Law of Internet Speech, Third Edition / Edition 3

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The third edition of The Law of Internet Speech by Madeleine Schachter and Joel Kurtzberg updates and contextualizes recent developments in Internet law. The book explores the application of analytical models of First Amendment jurisprudence to Internet communications and examines the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography.

The Law of Internet Speech also examines claims of on-line defamation, including an analysis of ISP immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications. A section on privacy interests explores the application of common law privacy torts to digital media, the implications of data mining and on-line profiling, and regulatory and statutory approaches to privacy protections. Authors Schachter and Kurtzberg also address proprietary interests in content, including copyright infringement and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. Application of these concepts is further explored in the context of linking, framing, and metataging. A glossary of Internet terms is also included.

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Product Details

  • ISBN-13: 9781594604898
  • Publisher: Carolina Academic Press
  • Publication date: 1/11/2008
  • Edition description: New Edition
  • Edition number: 3
  • Pages: 1030
  • Product dimensions: 6.90 (w) x 10.30 (h) x 1.60 (d)

Meet the Author

Madeleine Schachter is vice president and deputy general counsel at Hachette Book Group USA, Inc. (formerly Time Warner Book Group, Inc.). She is also an adjunct professor of law at Fordham University School of Law. Joel Kurtzberg is a litigation partner at the firm of Cahill Gordon & Reindel LLP, where he specializes in First Amendment, intellectual property, and media work. He is also an Adjunct Professor at Fordham University School of Law.
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Table of Contents


Ch. I Fundamental Principles of Free Speech and the Nature of the Internet 3

The Nature of the Internet 15

Is There a Dichotomy between Freedom of Speech and Freedom of the Press? 35

Analytical Frameworks for Internet Speech 110

Ch. II Regulation of Internet Content 167

First Amendment Analytical Frameworks 167

Fighting Words, Incitement, and True Threats 177

Speech Relating to Matters of National Security 215

Obscenity and Indecency 260

Filtering Devices 311

Ch. III Defamation 335

Definition and Elements 335

Publication 337

Of and Concerning the Plaintiff 424

Defamatory Import 451

Falsity 462

The Requisite Degree of Fault 476

Privilege 502

Ch. IV Privacy Interests 511

Fundamental Principles of Privacy 511

Common Law Invasion of Privacy Claims 513

Intrusion on Seclusion 548

Data Mining and Data Protection Directives, Policies, and Legislation 578

Access to Information 653

Technological Privacy Protections: Encryption 663

Ch. V Proprietary Interests in Content 681

Copyright 681

Trademarks 817

Issues Relating to Domain Names 843

Applications to Internet Technologies 902

Glossary 965

Acknowledgments 979

Table of Cases 983

Index 999

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