Internet Law
Spring 2012
Professor Harpaz



Syllabus

Required Reading

There 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.

Optional Class Materials

In addition to the assigned reading, there are a variety of optional class materals posted on the course website under the heading "Optional Class Materials." In that section, you will find links to material related to the 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. A complete list of the Optional Class Materials for past and current reading assignments is available at classmaterials.html

Attendance Policy

ABA Standard 304(d) requires “regular and punctual” class attendance. To implement this policy, students will be required to initial an attendance sheet for each class. Failure to initial the attendance sheet will be counted as an absence. Students must initial the attendance sheet for themseleves. Asking another student to write your initials on the sheet when you are absent in order to falsely indicate presence in class is a violation of the Honor Code. Students who are absent from more than 4 regularly scheduled classes will be administratively withdrawn from the course. Students who miss 3 classes will be sent a warning letter by email alerting them to the fact that they are in danger of administrative withdrawal.

Small Groups

The class will be divided into small groups. While every student is responsible for all of the assigned reading, one group will be assigned principal responsibility for each week's reading assignment on a rotating basis.


Grading

The final grade will be based exclusively on a three-hour open book examination.
There are no restrictions on the printed or written materials students may bring with them to the examination room.
 

ASSIGNMENTS

NOTE:  THIS IS A PARTIAL LIST OF ASSIGNMENTS.  IT WILL BE UPDATED PERIODICALLY TO ADD MORE ASSIGNMENTS TO THE LIST AS THE SEMESTER PROGRESSES.

EACH ASSIGNMENT REPRESENTS THE READING FOR A SINGLE CLASS. IF WE DO NOT COMPLETE AN ASSIGNMENT IN A SINGLE CLASS, YOU SHOULD READ ENOUGH OF THE NEXT ASSIGNMENT TO BRING THE TOTAL NUMBER OF PAGES READ (ADDING TOGETHER THE PAGES STILL TO BE DISCUSSED FROM THE PRIOR ASSIGNMENT TOGETHER WITH THE AMOUNT READ OF THE NEXT ASSIGNMENT) TO AT LEAST 40 PAGES (UNLESS YOU ARE GIVEN OTHER INSTRUCTIONS). CLASS DISCUSSION WILL BEGIN WHERE WE LEFT OFF AT THE END OF THE PRIOR CLASS.



Assignment One (Introduction to Reasoning by Analogy)

The topic for the first week is Introduction to Reasoning by Analogy. The reading starts with early cases before the development of the internet using analogical reasoning to resolve cases involving common law doctrine as well as statutory provisions. Later cases in the assignment deal with cases where reasoning by analogy is used to resolve cases involving the internet.

Background Material: A good source for background on the development of the Internet is The History of the Internet in a Nutshell

Cases:

I. The Use of Analogy in Legal Reasoning
A. Analogical Reasoning in Common Law and Statutory Cases

Adams v. New Jersey Steamboat Co., McBoyle (Court of Appeals), and McBoyle (Supreme Court)

B. Reasoning by Analogy as Applied to the Internet

eBay v. Bidder's Edge, Intel Corp. v. Hamidi, and Access Now, Inc. v. Southwest Airlines Co.


Assignment Two
(Problems of Geography and Sovereignty)

The topic for this week and the following week is problems of geography and sovereignty. In various ways, these readings deal with the fact that the internet is not located in physical space. That raises issues about whether or not a governments is entitled to regulate particular online activities or have jurisdiction over persons based on their online activities.

II. Problems of Geography and Sovereignty
A. Application of Local Zoning Ordinances to Online Activity

Voyeur Dorm, L.C. v. City of Tampa and Flava Works, Inc. v. City of Miami

B. Federal vs. State Power To Regulate the Internet

ALA v. Pataki, Washington v. Heckel, and National Federation of the Blind v. Target Corp.


Assignment Three
(Continuation of Problems of Geography and Sovereignty)

C. Jurisdiction to Adjudicate
1. Enforcement of Foreign Judgments

Yahoo!, Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme and Sarl Louis Feraud International v. Viewfinder, Inc.

2. Application of Criminal Law to Out-of-State Conduct

Hageseth v. The Superior Court of San Mateo County

3. Personal Jurisdiction

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


Assignment Four (Trademark Law)

The Topic for this week concerns the interaction of trademark law and domain names. The problems in this area arise because the domain name registration system is separate from the system for registering trademarks thus permitting the registration of a domain name that is identical or confusingly similar to a registered trademark by someone with no legitimate rights to that name. For students who want a basic introduction to trademark law, a good online introduction is available at http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

III. Trademark Law
A. Challenging Registrations of Domain Names Under the Lanham Act

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


Assignment Five
(Trademark Law and the Internet) (amended Feb. 22, 2012)

The topic for this week continues the consideration of the interaction of trademark law and the internet. It first focuses on the Uniform Domain Name Dispute Resolution Policy, an online arbitration process to resolve such disputes that is an alternative to conventional litigation. It then considers the use of trademarks in the context of keyword advertising rather than in the registration of domain names.

B. The Uniform Domain Name Dispute Resolution Policy (UDRP)
C. Keyword Advertising

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.

Addition:
I neglected to include the Uniform Dispute Resolution Policy in the assignment (the assignment includes the UDRP Rules, but not the policy itself). Please add the following pages after page 168 (I have numbered them pages 168(a) - 168(e).

Uniform Dispute Resolution Policy


Assignment Six (The First Amendment and Censorship of Internet Content)

IV. The First Amendment and Censorship of Internet Content
A. Sexually Explicit Speech

Reno v. ACLU, United States v. American Library Association, Ashcroft v. ACLU, Center for Democracy & Technology v. Pappert


Assignment Seven (The First Amendment and Censorship of Internet Content)

B. The First Amendment Applied to Other Types of Internet Speech

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


Assignment Eight (Intermediary Liability for Online Content)

V. Intermediary Liability for Online Content
A. Secondary Liability for Defamatory Content
B. Section 230 of the Communications Decency Act of 1996

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.