Kozinski and Goldfoot on Cyberspace Exceptionalism and Internet Regulation
By Eric Goldman Alex Kozinski & Josh Goldfoot, A Declaration of the Dependence of Cyberspace, 32 Colum. J.L. & Arts 365 (2009). Introduction In early 1996, in response to Congress’ enactment of the Communications Decency Act (the first comprehensive attempt…
Catching Up With Wikipedia
By Eric Goldman I recently posted the final published version of my article Wikipedia’s Labor Squeeze and its Consequences. In the course of updating the draft, I reviewed the news coverage of Wikipedia from the second half of 2009, and…
FTC Privacy Roundtable Recap
By Eric Goldman [Introductory note: I have repeatedly criticized the FTC on this blog, and this post may implicitly criticize them as well. At the same time, I want to share a couple of compliments for the FTC. First, the…
Utah May Repeal Its Spyware Control Act–SB 26
By Eric Goldman It’s that time of year again. The Utah legislature is back in session and cooking up new schemes to regulate the Internet. So far I only see one Internet-specific bill in queue, SB 26. Surprisingly, it does…
File Names Can Help Predict File Content in Child Porn Prosecution–US v. Beatty
By Eric Goldman United States v. Beatty, 2009 WL 5220643 (W.D. Pa. Dec. 31, 2009) This is a child porn prosecution. Using Phex P2P software, an undercover investigator accessed the Gnutella network and conducted searches using search terms known to…
Top Cyberlaw Developments of 2009 (Eric’s List)
By Eric Goldman Guest blogger John Ottaviani recently dropped by to offer his perspectives on 2009’s top Cyberlaw developments. While I like his list a lot, I independently developed my own top 10 list that has a different emphasis. You…
Website Initially Denied 230 Dismissal But Gets It on Appeal–Shiamili v. Real Estate Group
By Eric Goldman Shiamili v. Real Estate Group of New York, Inc., 2009 WL 4842470 (N.Y. App. Div. Dec. 17, 2009) Unfortunately, I am only working from a short and opaque appellate memo. It appears that the defendant operated a…
Another Cautionary Tale of Joint Website Ownership–TEG v. Phelps [UPDATED]
By Eric Goldman Third Education Group, Inc. v. Phelps, 675 F. Supp. 2d 916 (E.D. Wis. Nov. 25, 2009). Motion to amend denied January 19, 2010. [UPDATE: In the initial version of this post, Richard Phelps’ story was part of…
Denver University “Cyber Civil Rights” Symposium Recap
By Eric Goldman The week before Thanksgiving, I attended an unusual symposium sponsored by the University of Denver Law Review entitled “Cyber Civil Rights: New Challenges for Civil Rights and Civil Liberties in our Networked Age.” The symposium covered standard…
Case Western “Signifiers in Cyberspace” Conference Recap
By Eric Goldman In mid-November, I attended a conference at Case Western Reserve University School of Law in Cleveland, Ohio entitled “Signifiers in Cyberspace: Domain Names & Online Trademarks.” My notes: David Fewer spoke about Canada’s WHOIS policy. The old…