Law 633. This course will examine how the law is responding to the
various challenges posed by the Internet. It will look at the
application of various sources of law including the United States
Constitution, state and federal statutes and regulations and common law
principles to the Internet as well as a variety of proposals for new or
revised laws to regulate this means of both communication and commerce.
Topics to be discussed include efforts to censor the Internet, the
legal status of domain names, on-line defamation, jurisdiction over
cyberspace and Internet crimes. The course does not require any
technical expertise, but instead will focus on the way in which the
legal system responds to the creation of new technology either by
reasoning by analogy and applying existing legal principles or by
creating new legal categories and regulatory techniques.
Required ReadingThere is no required casebook for this course. All of the reading material for this course will be posted on this website as the semester progresses. You can expect that the material typically will be available about 3 weeks in advance of the class where it will be discussed. Case material will usually be in the form of a .pdf so that every student in the class will have an identically formatted version of each case.
In addition to the assigned reading, if you scroll down to optional class materals, you will find a variety of links to material related to this assignments including background information about some of the cases, technical information that may be helpful in understanding the analysis of the legal issues, and a variety of other materials.
Optional Class MaterialsA complete list of materials is available at classmaterials.html.
Statutory MaterialsADA Prohibition of Discrimination by Public Accommodations
ADA Definition of Public Accommodation
ADA Public Accommodation Provisions
Anticybersquatting Consumer Protection Act of 1999
Federal Trademark Dilution Act (current version)
Federal Trademark Dilution Act of 1995 (previous version)
Lanham Act (with links to each section of the Act)
Uniform Dispute Resolution Policy and ICANN Rules
Section 512 (complete statutory section)
Section 230 (complete statutory section)
New Florida Bar Rule 4-7.2 (c) (3) Regulating Online Content
Washington Anti-Spam Act
Federal CAN SPAM Act
Proposed Utah E-Commerce Integrity Act
Discussion of Proposed Utah Law on E-Commerce and Tech Law Blog
CasesAdams v. New Jersey Steamboat Co., McBoyle (Court of Appeals), and McBoyle (Supreme Court)
eBay v. Bidder's Edge, Intel Corp. v. Hamidi, and Access Now, Inc. v. Southwest Airlines Co.
Voyeur Dorm, L.C. v. City of Tampa and Flava Works, Inc. v. City of Miami
ALA v. Pataki, Washington v. Heckel, and National Federation of the Blind v. Target Corp.
Yahoo!, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme and Sarl Louis Feraud International v. Viewfinder, Inc.
Hageseth v. The Superior Court of San Mateo County
Zippo Manufacturing Co. v. Zippo Dot Com, Inc., Amway Corp. v. Proctor & Gamble Co., Young v. New Haven Advocate, Boschetto v. Hansing, and Tamburo v. Dworkin
Panavision Int'l, L.P. v. Toeppen, Selected Provisions of the Lanham Act, Planned Parenthood v. Bucci, Taylor Building Corp. v. Benfield, People for the Ethical Treatment of Animals v. Doughney, Weather Underground, Inc. v. NCS, Inc., America Online, Inc. v. AOL.org
Rules for UDRP, Educational Testing Service v. aaa, Munchkin, Inc. v. Mamas and Munchkins, LLC, Dluhos v. Strasberg, 1-800 Contacts, Inc. v. WhenU.com, Inc., Rescuecom Corp. v. Google, Inc.
Reno v. ACLU, United States v. American Library Association, Ashcroft v. ACLU, Center for Democracy & Technology v. Pappert
Brown v. Entertainment Merchants Association, Kowalski v. Berkeley County Schools, Ostergren v. Cuccinelli, Doe v. 2TheMart.com Inc., Solers, Inc. v. Doe, Universal City Studios, Inc. v. Corley
Cubby, Inc. v. CompuServe, Inc., Stratton Oakmont, Inc. v. Prodigy Services Co., Section 230, Zeran v. AOL, Inc., Blumenthal v. Drudge, Schneider v. Amazon.com, Inc., Carafano v. Metrosplash.com, Inc., Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, Barnes v. Yahoo!, Inc.
Exam Review MaterialExam Instructions 2012
Exam Review 2012 - Part One
Exam Review 2012 - Part Two
Student Questions 2012 (last updated 4/18)
Internet Law Examinations
- Spring 2012 and Exam Instructions posted prior to
- Fall 2010 and Exam
Instructions posted prior to exam
- Spring 2009 and Exam Instructions posted prior to exam
- Spring 2007
- Spring 2005
- Spring 2003
- Fall 2000
- Spring 1999
Internet Law Answer Sheets
Recommended ReadingControversial Copyright Bills Violate First Amendment
Facebook: State Bar Opinions Address Information Gathering (November 2010)
Exposed: The Erosion of Privacy in the Internet Era by Jonathan Shaw (Harvard Magazine, September-October 2009)
News StoriesUrinating Frenchman Loses Case Against Google (March 16, 2012) (news.com.au)
Google Sued by Frenchman Caught on Street View in Embarrassing Pose (March 2, 2012) (PCWorld)
ICANN Plays the Name Game with Domain Names (Feb. 29, 2012) (Nextgov.com)
Twitter Censorship Policy Ignites Global Outrage (Huffington Post) (January 27, 2012)
Feds Shutter Megaupload, Arrest Executives (Wired) (January 19, 2012)
Indictment in Megaupload Case
Revenge Porn: Is Anyone Up On Copyright Law? (January 3, 2012)
Archive of Older Stories
Trademark Electronic Search System (TESS)
(U.S. Intellectual Property Articles)