Internet

The Ten Most Important Section 230 Rulings

Under Section 230 of the Telecommunications Act of 1996, websites are not legally responsible for content posted on the site by others. A few cases suggest that immunity does not extend to sites that encourage unlawful content.

Understanding the Consumer Review Fairness Act of 2016

The Consumer Review Fairness Act of 2016 (CRFA) bars businesses from requiring their customers to agree not to post online reviews. These “anti-review” clauses prevented consumers from leaving feedback that would identify poorly run businesses.

Scholarly Publishing and its Discontents: An Economist’s Perspective on Dealing with Market Power and Its Consequences

Scholarly journals charge libraries high prices for access to academic articles. Activists protest such restrictions on access to knowledge. Some hoped that the Internet would improve access to academic publishing, but this effect is limited.

Causing Copyright

In deciding whether a creator is entitled to copyright protection, courts often consider whether the creator caused the work to be produced. Copyright law should develop a more coherent theory of causation.

The Song Remains the Same: What Cyberlaw Might Teach the Next Internet Economy

Regulation is not truly incompatible with innovation. Over time, businesses that once resisted regulation will welcome the involvement of government, and regulators will learn to adopt creative solutions to new problems, just as in the early days of the Internet.

Social Media and Fake News in the 2016 Election

Fake news stories, often produced to earn advertising revenue, are growing in importance. Consumers are more likely to believe articles that confirm their prior beliefs.

Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation

Traditional free speech doctrines protect speakers from state censorship. The rise of big data, algorithmic decision-making, and digital media companies alters the nature of free speech concerns.

The Surveillance Implications of Efforts to Combat Cyber Harassment

Surveillance helps stop cyber harassment, the abuse of victims online. Police use technology to record evidence posted on social media or to identify anonymous perpetrators. However, surveillance can be intrusive.

What We Buy When We Buy Now

Many consumers are unaware that digital books, movies, or musical work cannot be transferred to others. Because consumers’ expectations are shaped in markets for tangible books, records, and CDs, sellers’ use of terms like “buy now” for digital media is deceptive.

Weaponized Narrative is The New Battlespace

Weaponized narrative, the use of disinformation to undermine opponents, is increasingly important to national security. The United States lags behind Russia, China, and other powers in using weaponized narrative.