Introduction
The world is complicated. Technology has made every facet of life both convenient and more harrowing. Access to the broad spectrum of resources online is crucial to the network neutrality debate. Privacy has made using many of those resources hazardous for the unwary. Additionally, the debate over how to distribute content of all kinds is still raging between consumers, creators, and distributors of the content. All of these topics are ingredients in the todays complex world.
Net Neutrality
Business law consists of many topics ranging from how business are formed to their internal and external controls. Additionally, business law involves the many trillions of transactions which keep the wheels of commerce turning. In many ways, this is where the regulation of the Internet becomes significant. The advent of Internet commerce, culture, and education has permanently altered how businesses operate. The Internet has made getting and selling what you want an option for everyone. Big and small businesses alike utilize the Internet to connect with and transact business with their customers. The environment for this activity is vital for competition and the success of every enterprise.
Moyers on America, PBS.org, Net Neutrality, http://www.pbs.org/moyers/moyersonamerica/net/neutrality.html (last visited Mar. 1, 2007). This PBS page features news and links from Bill Moyers covering the network neutrality debate. There are links to video and resources as well as listing of emerging stories on the topic. The site also appears to host a page dedicated to a discussion group. The content of the site is relatively neutral and has a journalistic tone.
Christopher S. Yoo, Network Neutrality and the Economics of Congestion, 94 Geo. L.J. 1847 (2006) (“from workshops conducted at the 33rd Telecommunications Policy Research Conference”). In this piece Professor Yoo discusses Network Neutrality specifically. He covers the topic from an economic perspective and specifically discusses the real issue of network congestion. The piece analyzes the impact on consumers of allowing network service providers to distinguish service prices based on traffic priority. Yoo also examines the impact on innovation and the problems that a Network Neutrality implementation would present.
File Sharing
File sharing is generally defined as the sharing of files between users through a network. Most file sharing is legal, and involves the exchange of information and resources from one user to another. The legal problem with file-sharing occurs when users exchange information or material that is copyrighted, which is commonly termed copyright infringement.
File-sharing involves several business law principles including intellectual property, copyright infringement, and several sections of the United States Code, such as Digital Millennium Copyright Act (DMCA). Thus, file-sharing on the Internet has given rise to several lawsuits filed by the copyright holders against alleged violators for intentional or excessive use of copyrighted materials.
The Dark Side of a Bright Idea: Could Personal and National Security Risks Compromise the Potential of P2P File-Sharing Networks: Hearing Before the S.Comm. on the Judiciary, 108th Cong. (2003). In 2003, the Senate Committee on the Judiciary conducted hearings on the use of file-sharing networks and the drawbacks to the technology. The Committee heard testimony from several witnesses regarding threats to personal privacy and computer security. Testimony was given by Congressman Tom Davis Congressman Henry Waxman, and the president of MediaDefender, Inc., Randy Saaf, among others. Senators Orrin Hatch and Patrick Leahy also made statements. Among the problems stated during the hearing were: spyware and adware programs attached to files; private business and political records; medical records; completed tax returns with social security numbers and names; confidential legal documents such as attorney-client communications and living wills; and child pornography. The Committee noted the ability of these programs to search through unsuspected users’ computers to find private information, even e-mail inboxes.
Stan J. Liebowitz, File Sharing: Creative Destruction or Just Plain Destruction?, 49 J. L & Econ. 1 (2006). This article presents an outstanding synopsis of the history of both the recording industry and record sales, as well as the brief history of file-sharing. The author chooses this layout for the article because he links the two to demonstrate that file-sharing has had a negative impact on record sales. According to a study cited in the article, estimates suggest that, at the high end, up to 60 million Americans have used peer-to-peer networks, and that perhaps as many as 5 billion music files are downloaded by Americans in a typical month. However, more reliable studies reveal that in 2004 there were 225 million music files downloaded in the United States.
Yuval Feldman & Janice Nadler, The Law and Norms of File Sharing, 43 San Diego L. Rev. 577 (2006). This article provides an interesting perspective into the social acceptance of knowingly violating copyright laws by file-sharing. Feldman is a professor of law at Bar-Ilan University in Israel, and Nadler is a professor at Northwestern University School of Law, and a research fellow for the American Bar Foundation. The article avoids the lengthy discussion of the affect file-sharing may have on the recording industry, and instead focuses on a more theoretical approach to the problem.
The authors elaborate on the idea ‘the gap between law and norms.’ In essence, the article suggests that there is a gap between the law, which prohibits the practice of file sharing of copyrighted materials, and social norms, which are permissive toward file sharing. Among the reasons identified in the article for creating this ‘gap’ are the perceptions of legality of file-sharing by users, the perception that the industry is being greedy, the accessibility of the free Internet, and the ability to experiment with new music without first buying it.
Internet Privacy
Keeping personal information out of unwanted hands and protecting one’s privacy are necessities in a society that values information above all other things. In fact, privacy is so important that the Supreme Court has found it to be protected by a number of different Amendments. How this “penumbra right” applies to internet users and the dissemination of their private information is an area of much discussion and debate. The primary issue involving internet privacy is the extent to which personal information may be gathered from an individual's internet activity and assembled to create a detailed snapshot about the individual, especially when the individual is unaware or does not authorize such action.
Jonathan Roesenoer, CYBERLAW: THE LAW OF THE INTERNET (1996). If the reader needs a general book of issues in the overarching category of cyberlaw, this book is the place to look. The book has several detailed chapters covering topics such as copyrights, trademarks, defamation, duty of care, criminal liability, electronic contracts, and digital signatures. Chapter four is dedicated specifically to internet privacy issues. Chapter four describes the origins of privacy and details several pieces of federal legislation that pertain directly to internet privacy. Although this book is over ten years old, it could still be very useful to gain insight into any of the aforementioned areas.
Andrew Frackman And Rebecca Martin, INTERNET AND ONLINE PRIVACY (2002). This book claims to be a great introductory guide for business persons and lawyers who are lost in the world of privacy law. In contrast to the other sources listed above, this source is about the online collection and use of personal data by non-governmental parties. The book provides a good look at the niche of personal data collection. It provides direct examples of the way online advertisers and profilers mine data from unsuspecting individuals. The book also examines and explains the “Fair Information Act” principles outlined in my introduction to privacy on the internet. This book is highly relevant to internet privacy law.
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