Internet Law: Regulation, Property and Liability

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Internet Law Regulation, Property and Liability

• Ray Nimmer
• Rnimmer_at_uh.edu

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Internet Law Regulation, Property and Liability
Issues

• Format of Course
• Exam
• Participation/ Attendance
• Seminar Format Changing Issues
• Assignments/ Discussion Points
• Goal
• What the law is today
• Direction of law

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Transformation and Reference Points

• Over the past two decades, a new economy has
  emerged from a spurt of invention and innovation,
  led by the microprocessor. Federal Reserve
  Bank.
• A new system of communication does more than
  make us more knowledgeable or our institutions
  more efficient. It also leads to the creation of
  new relationships and, most importantly, changes
  our attitudes, expectations, and ways of thinking
  about law. Ethan Katz
• You wake up then to the fact that the throne
  your subject matter once occupied is
  overshadowed Karl Llewellyn
• Process in law of analogy and leap. To what
  extent should we resolve new issues by reference
  to old images.

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Patterns in Internet Age Concentration?

• Pattern Centralized or Decentralized Commerce?
• Competing trends move to centralization
  conflicts with an desire for localization or
  individualized environments
• Mass customization as an theme
• How many e-bay systems are needed?

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Patterns in Internet Age Regulation

• Pattern The Most Regulated World?
• Or the least capable of regulation?
• Pattern Conflicts and Drive to Regulate
• EU Directives Reciprocity
• State Court and National Impact
• State Legislatures
• California Privacy and Security Laws
• Texas Choice of Law

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Patterns in Internet Age Information as Value

• Pattern Digital Transactional Information as a
  Valuable Asset
• Businesses focused on creation and analysis of
  transactional information
• First Amendment Considerations vs. Privacy
• Pattern Privacy and Data Security as a Right
• Independent of Intellectual Property
• Based on what considerations?

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Patterns in Internet Age

• Pattern Free Information and Content Screening
• Pattern Information Diversity Finding Sources

ISP
A
B
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Patterns in Internet Age

• Pattern The Idea and Protection of Property
  Changes
• The free information movement
• The right to control access
• Technological barriers and law
• Domain names, metatags and other controls
• Pattern Borrowing Others Resources as a
  Business
• Online databases
• Open or Closed Sites
• Role of Criminal Law

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END

• FUTURE