Internet Law Reading Assignments

Fall 1998

Section 1: What is the Internet? Who Runs the Internet?

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center	Things to do Some are optional, some are not...
1	Findings of fact in ACLU v. Reno, 929 F. Supp. 824 (E.D.Pa. 1996).	Subscribe to class mailing list
2	Reno v. ACLU, 521 U.S. -- (1997). Excerpts from Zen and the Art of Internet	Figure out how to make your e-mail program automatically attach a "signature block" or ".sig" to each of your messages. Please ensure that you sign your name to all but intentionally anonymous postings to the class list.
3	Michael Froomkin, An Introduction to the "Governance" of the Internet	Think about anarchy... If your surname begins with the letters I, J or K, send a message to the class mailing list describing what you hope to learn from this class. (Others may do this too.)
4	Read a basic guide to HTML coding. There are many on the Web in Yahoo's collection of guides, or you can read the thorough but superficially intimidating NCSA's Beginner's Guide in the packet.	Optional: create a WWW homepage for yourself. If you are doing this on the UM system, visit the online helpful hints. If you do create a page, please send the URL to the class mailing list.
5	RFC 1855: Nettiquette	Things to think about: How would you go about writing an "acceptable use of the Internet" policy for a law school? For a client's organization? What risks would you be most worried about? What are the interest groups involved?
6	Compare UM Law Computer Use Policy with (excerpts from) UM university-wide policy and University Computer and Network Use policy. Late addition: DRAFT UM Personal Web Page Agreement; see also MIT's Promoting Network Civility, a critique of the MIT Stopit Policy and an example of why you might need a harassment policy.	Surf the web & see what you can find. If your surname begins with L or M, send an email to the class mailing list briefly describing an interesting web site you have found. Please include the URL and a short description of how you found it.

Section 2: Cryptography

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center
An Introduction to Cryptography
1	Froomkin, The Metaphor is the Key: Cryptography, the Clipper Chip and the Constitution, 143 U. Penn. L. Rev. 709 (1995). You could of course just sit down and read the whole thing, and I have put the full text in your packets. Otherwise, I suggest you read the following pages: § I.A, pp 712-735 Technical Appendix, pp. 885-897 § I.C.2, pp 752-764 National Research Council, Cryptography's Role in Securing the Information Society, pp. 51-65 & Appendix C, pp. 364-395
An Introduction to its (Potential) Consequences
2	Froomkin, The Internet as a Source of Regulatory Arbitrage, (book chapter) in BORDERS IN CYBERSPACE (Brian Kahin and Charles Nesson, eds.) (MIT Press, 1997) Sebastiaan von Solms & David Naccache, On Blind Signatures and Perfect Crimes, 11 Computers and Security 6 (1992) [not available on line]
Policy Response I: Key Escrow
3	Froomkin, It Came From Planet Clipper, 1996 U. Chi. L. Forum 15. I've put the whole article in the packet, but you need only read pp. 18-42, 50-64, 69-75 . Experts' Report on Risks of Key Recovery 1998 Update on Risks of Key Recovery
Policy Response II: Export Control
4	Bernstein v. U.S. Department of Commerce Bernstein I, 922 F.Supp 1426 Bernstein II, 945 F. Supp. 1279 Bernstein III, 974 F. Supp 1288 Optional but very interesting: Transcript of Oral Arguments before 9th Circuit (Dec 8, 1997). [Not included in your packets] Karn v. U.S. Dep't of State The Amended Complaint (1/13/98) The Government's Memorandum of Points and Authorities in Support of its Motion to Dismiss or in the Alternative for Summary Judgment (2/13/98) Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss or for Summary Judgment and in Support of Plaintiff's Cross-Motion for Partial Summary Judgment (20/4/98) Optional: Lots of interesting relevant material in the EFF's Bernstein Case Archive and in Phil Karn's Applied Cryptography Case page
Policy Response III: Cryptography Controls?
5	Froomkin, Metaphor, §§ III, pp. 810-843
6	Froomkin, Metaphor, § IV, pp. 843-885
7 & 8	House Select Committee on Intelligence Amendments to SAFE (aka Oxley-Manton) Law professors' letter opposing above European Commission, Towards A European Framework for Digital Signatures And Encryption; note especially §III OECD, Guidelines for Cryptograpy Policy. CRISIS Report, Summary, pp. 1-13

Section 3: Jurisdiction

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center
An Introduction to Jurisdiction Over Users of the Internet
1	1. Review the materials in Section 1 on how packet-switching works. 2. Dan L. Burk, Federalism in Cyberspace, 28 Conn. L. Rev. 1095 (1996). 3. U.S. vs. Thomas, 74 F.3d 701 (CA 6, 1996). 4. Playboy Enterprises v. Chuckleberry Publishing, Inc., 939 F. Supp. 1032 (S.D.N.Y. 1996).
The Plight of the Regulator
2	1. Choose a couple of links from the large list of online betting opportunities or the Euro Nambling list of Internet Gambling in Europe. Why might a player care about location? Why might a regulator care? Can you tell if the sites are honest? Is there any way to tell short of placing a winning bet? 2. The Florida Attorney General's Opinion on Internet Gambling (October 18, 1995). 3. Minnesota Attorney General's Office, Memorandum on Internet Jurisdiction (July 1995). Here's another copy. 4. The Kansas Attorney General's Opinion (March, 1996) 5. The Texas Attorney General's Opinion (May, 1995) 6. The decision of the Minnesota court of appeal in the Granite Gate case, 568 N.W.2d 715, affirmed by an equally divided court, 576 N.W.2d 747 (Minn. 1998)

Section 4: Some Internet Nasties

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center
Spam
1	Roger Clarke gives a quick history of spamming on his Spam Page Spam in court CompuServe v. Cyber Promotions, 962 F.Supp 1015 (S.D.Ohio 1997) Cyber Promotions v. AOL, 948 F.Supp. 456 (E.D. Pa. 1996) Cyber Promotions v. AOL, 948 F.Supp. 436 (E.D. Pa. 1996) Legislative efforts to "control" spam Anti-Slamming Amendments Act (S. 1618/H.R. 3888) [passed Senate, pending in House Commerce Committee]. [Optional - see the Coalition Against Unsolicited Email (CAUCE) letter opposing this bill.] John Marshall Law School, Comparison Table of proposed federal legislation California Assembly Bill 1629 (1998) [passed Assembly August, 1998] Washington State Legislation [effective 6/11/98]
Cyber-Libel & Cyber-Crime
2	The first-ever cyberlibel case: Rindos v. Hardwick (Supreme Court of Western Australia). Roger Clarke's compilation of NET-ETHIQUETTE: Mini Case Studies of Dysfunctional Human Behaviour on the Net [Optional: Follow some of the great links] FBI warns that "Teen-age girls are the most vulnerable victim" of cyber-stalkers. Check out the Florida Stalking Law. Does it cover cyber-stalking?
Hackers, Terrorists & Cyber-Warriors
3	Can terrorists use the Internet to unleash cyber-war on the USA? Or vice-versa?. You can read selections from Martin Libicki, What is Information Warfare? for a survey. Is the Pentagon vulnerable? Or is the Pentagon trying to hype the numbers to scare Congress into spending more money? For a fairly sober assessment, albeit one that skirts all the encryption issues, see, the Report by The President's Commission on Critical Infrastructure Protection. You may read just the summary of the report, or choose to dive in and read the whole report. I particularly recommend chapters 1-4 and chapter 10. Don't miss the DigiCrime web site [online only]

Section 5: Privacy in Reading/Writing, Buying/Selling

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center
Anonymous Speech Rights
1	McIntyre v. Ohio Elections Commission, 115 S.Ct. 1511 (1995). Parts I & II of Froomkin, Flood Control on the Information Ocean American Civil Liberties Union of Georgia v. Miller, 977 F.Supp. 1228, (N.D.Ga. 1997)
Anonymous Reading Rights?
2	Julie E. Cohen, A Right to Read Anonymously: A Closer look at "Copyright Management" in Cyberspace, 28 Conn. L. Rev. 981 (1996). Note: this link takes you to page with an abstract from which you can download the paper. You will need Adobe Acrobat to read this paper (the link takes you to a page that will allow you to download it).
Commerce Clause Limits to State Regulatory Power?
3	American Library Association v. Pataki.969 F.Supp. 160 (SDNY 1997) Dan L. Burk, How State Regulation of the Internet Violates the Commerce Clause, 17 Cato Journal (1997)
Anonymous Transaction Rights?
4	Froomkin, Flood Control, Part IV. Roger Clarke, Introduction to Dataveillance and Information Privacy, and Definition of Terms plus Identification, Anonymity and Pseudonymity in Consumer Transactions: A Vital Systems Design and Public Policy Issue as appetizers for Human Identification in Information Systems: Management Challenges and Public Policy Issues
European Approaches to Data Privacy
5	Treaty on the European Union, Title I - Common Provisions - Article F European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 8 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data Excerpts from Peter P. Swire, Of Elephants, Mice, and Privacy: International Choice of Law and the Internet (forthcoming)

Section 6: Access Controls: Filtering, Tagging ... Censoring?

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center
Filtering
1	The Learning Company, Cyber Patrol Fact Sheet ; The CyberNOT Block List; The CyberNOT Block List Criteria; The CyberYES List Criteria; Statement on Filtering the Starr Report; InterMute Features Cyberwire Dispatch, The Keys to the Kingdom. [If you are interested, you can read more about the story in The CyberSitter Diaper Change.] Censorware Project, Protecting Judges Against Liza Minelli Lawrence Lessig & Paul Resnick, The Architectures of Mandated Access Controls Recommended: Visit Yahoo's list of Blocking and Filtering Services
Tagging: PICs
2	Paul Resnick, Filtering Information on the Internet, Scientific American, March 1997 Paul Resnick, PICS, Censorship, & Intellectual Freedom FAQ Lawrence Lessig, Tyranny in the Infrastructure The Internet Filter Assessment Project
"Spawn of CDA" / CDA2 and related issues
3 & 4	Lawrence Lessig, What Things Regulate Speech: CDA 2.0 vs. Filtering, 38 Jurimetrics 629 (1998) ACLU, Fahrenheit 451.2: Is Cyberspace Burning? How Rating and Blocking Proposals May Torch Free Speech on the Internet "Child Online Protection Act" (COPA) [included in omnibus appropriation bill] and excerpts from accompanying Report LATE BREAKING STUFF Dept. of Justice Letter on CDA II and ACLU et al. complaint arguing CDA2 is unconstitutional
Filtering in Libraries: The Loudoun case
5	Summary case chronology, adapted from Venable website Excerpts from Mainstream Loudoun complaint Excerpts from ACLU brief on behalf of interveners Excerpts from Jonathan Wallace, Why Libraries Shouldn't Buy Censorware Mainstream Loudoun v. Board of Trustees of the Loudoun County Library, 2 F.Supp.2d 783 (E.D. Va. 1998) Excerpts from Library's Memorandum of Points and Authorities in support of its Motion for Summary Judgment Mainstream Loudoun's Memorandum in Support of its Motion for Summary Judgment Excerpts from Library's Brief in Opposition to Plaintiff/Intervenors' Motion for Summary Judgment

Section 7: Linking, Tagging and Liability

Unit	Reading Assignments. Unless otherwise marked, all reading assignments will be available from the distribution center
The Leading Linking "Cases"
1	Shetland Times Ltd. v. Wills; how it settled Complaint in Ticketmaster v. Microsoft; Complaint in Washington Post Co. v. Total News Inc.; how it settled Futuredontics v. Applied Anagramics, 152 F.2d 925 (9th Cir. 1998)
An IP view of links and tags
2	Jeffrey Kuester & Peter Nieves, Hyperlinks, Frames and Meta-Tags: An Intellectual Property Analysis, Maureen O'Rourke, Defining the Limits of Free-Riding in Cyberspace: Trademark Liability for Metatagging
A Holistic View
3	Maureen O'Rourke, Fencing Cyberspace: Drawing Borders in a Virtual World

While it's more than likely that some "units" will end up taking more than one class, the basic plan is to cover one unit per class unless otherwise noted.

Each packet in the distribution center will cover at least one section of the course. Although much of the material will be available online, I suggest you purchase the packets, because:

Not all material necessarily will be available on line.
The packets will have consistent pagination and I'll be referring to those page numbers in class.
"The network was down" is not an excuse for not doing the reading.
You don't want to rely on Internet access during the take-home open-book exam...
Some of the materials in the packets will be edited for brevity; the online versions will be longer.
Photocopying uses fewer resources than printing lots of long documents.

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Last modified: Nov, 10, 1998.