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Chapter One: Introduction to Law
Introduction to Law
How Many Jurisdictions?
Federalism
The American Court System
Jurisdiction & Venue
Personal Jurisdiction
Subject Matter Jurisdiction
In Rem Jurisdiction
Jurisdiction in Cyberspace
Jurisdictional Examples
Jurisdictional Balance
Anatomy of a Court Decision
Onward to Court |
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Chapter Two: Copyright Basics
The Copyright Act
Exclusive Rights of the Copyright Owner
Filing A Copyright
The © Symbol
Length of Protection
“Work-Made-For-Hire”
Elements of a Civil Copyright Infringement Claim
Volitional Conduct
Defenses to a Civil Copyright Infringement Claim
Public Domain
Independent Creation
De Minimus Copying
Parody
Fair Use Doctrine
Transformative Use
Criminal Infringement
Civil Remedies Additional Creator Rights Provisions
The Visual Artists Rights Act
Creative Commons The Actor as Copyright Holder? |
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Chapter Three: Copyright Infringement
Copyright Infringement
Direct Infringement
of Web Site Content
of the Web Site Itself
Contributory Infringement
Linking
Framing Issues
The Digital Millennium Copyright Act
The Effect of the DMCA – Before and After
Peer-2-Peer Networking
Contributory Infringer
A Defeat for the Recording Industry
Vicarious Infringement
Illegal Music File-Sharing
Exemptions
The First Sale Doctrine
Computer Software |
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Chapter Four: Trademarks, Patents, and Trade Secrets
The Lanham Act
Filing A Trademark
Trademark Search
Trademark Registration
International Trademarks
European Registration
The Madrid System
The ® Symbol
Trademark Infringement and Dilution
Trademark Infringement or Parody?
Direct & Contributory Infringement
Patents
Filing the Application
The Patent Application
Who is the Patent Holder?
Patents and the Internet
Patent Infringement
International Patents
Software Patents
Trade Secrets
Misappropriation of Trade Secrets |
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Chapter Five: Trademark and the Internet
Are Domain Names Property?
Domain Name Tricks
Domain Misspellings
Mousetrapping
Pagejacking
Truth in Domain Names
The Truth in Domain Names Act
The Fraudulent Online Identity Sanctions Act
Cybersquatting
Anti-Cybersquatting Consumer Protection Act
Cyberpoachers
Personal Names as Domain Names
Shared Domain Name
Uniform Domain Name Dispute Resolution Policy
Social Network Subdomains
Search Terms and Infringement
Meta Tags
Keyword Advertising |
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Chapter Six: CyberCrimes
Spam
Where Does Spam Come From?
Tips to Avoid Spam
The CAN-SPAM Act
State Spam Laws
International Spam Laws
Using Existing U.S. Laws to Fight Spam
Murking
Mail Bombs
Permission-Based Marketing
Social Engineering and Identity Theft
E-Mail Spoofing
Phishing
Overview of Identity Theft
Social Security Numbers
Safeguard Your ID Information
The Identity Theft Penalty Enhancement Act
Cookie Poisoning
Malware
Adware Versus Spyware
Ransomware
Drive-by Download
Computer Trespass
The Computer Fraud and Abuse Act
Wardriving, Piggybacking, and Telecommunications Theft Pod Slurping
Electromagnetic Keyboard Sniffing
The Mule Scam
Cyberstalking
The Weaponized Tweet
Federal Statutes Used to Fight CyberCrime
Securities Act of 1933 & Securities
Exchange Act of 1934
The Wire Wager Act & Online Gambling
Virtual Crime |
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Chapter Seven: Privacy Basics
The Right to Privacy
Appropriation (The Right of Publicity)
Intrusion on Solitude or Seclusion
Public Disclosure of Private Facts
False Light in the Public Eye
Privacy Defenses Federal Laws Affecting Privacy
Voluntary Disclosure
Job Searches
Virtual Tour Web Sites
Social Networks
The Electronic Trail
International Privacy Laws
Canadian Privacy Laws
The European Union Privacy Directives |
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Chapter Eight: Data Privacy
Data Collection
ISP Subscriber Information
Search Queries
Data Retention
Data Outsourcing
Data Breach
Types of Data Breaches
Consequences of Data Breaches
Metadata
Data in the Wrong Hands
Public Records
Data Brokers
Data Broker Liability
Insurer Liability
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Chapter Nine:
The Expectation of Privacy
Expectation of Privacy in Chat Rooms
Expectation of Privacy in E-Mail
In the Workplace
Hackers
Mistaken Recipients
Internet Service Providers (ISPs)
Law Enforcement Officials
A Party in a Lawsuit
False Pretenses
Expectation of Privacy After Death
Expectation of Privacy on Social Networks
Expectation of Privacy in One's Own Hard Drive
Fourth Amendment: Repair Shops
Fourth Amendment: Border Searches
Fifth Amendment: Encryption
Spycams
File-Sharing
Spyware
Expectation of Privacy in Web Posts Expectation of Privacy in Search Histories
Expectation of Privacy in Smart Phones Expectation of Privacy in Public: Google Glass
Expectation of Privacy in the Internet of Things
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Chapter Ten: Privacy & The Police State
Government Intrusion into Individual Privacy The Statutory Framework
The Omnibus Crime Control and Safe Streets Act of 1968
The Electronic Communications Privacy Act
The Foreign Intelligence Surveillance Act
The FISA Amendments Act of 2007
The FISA Amendments Act of 2008
The FISA Amendments Act Reauthorization Act of 2012
The USA PATRIOT Act
Executive Order No. 12333
The Communications Assistance for Law Enforcement Act (CALEA)
CISPA and § 2511 Letters
The Homeland Security Act
The 21st Century Department of Justice Appropriation Authorization Act Federal Espionage Tools
Carnivore
Hacking & Malware
CIPAV
Social Media Real-time Monitoring
DCSNet
DMAC
Fusion Centers
XKeyscore
Total Information Awareness
PRISM
BLARNEY The NSA
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Chapter Eleven: Privacy Policies & Behavioral Marketing
Web Site Privacy Policies
Ingredients for a Good Privacy Policy
If No One Heard the Tree Fall, Did It Make A Noise?
Behavioral Marketing
Cookies
Flash Cookies
Stored Browser Histories
Device Fingerprinting
Privacy Concerns
Deep Packet Inspection
Behavioral Experimentation on Users
Behavioral Marketing and Privacy Policies
Society, Technology, and the Law
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Chapter Twelve: Privacy and Children
Soupy Sales and the Naiveté of Kids
Protecting Children from Marketers and Other Predators
Children's Online Privacy Protection Act (COPPA)
COPPA and COPA
To Catch a Predator
Web Monitoring Software
Inappropriate Misappropriation?
Social Interaction in the Cyber-environment
Show and Tell on the Internet
What Kids Are Posting
Where Kids Are Posting
Is It a Good or Bad Thing? |
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Chapter Thirteen: Social Networks
Social Networks
Dangers of Social Media Posting
Misuse of Social Media
Courts and Social Media
Ownership of Social Media Accounts Coerced Access to Social Media Accounts
Pseudonymity and the Ransoming of Facebook Accounts
Caches, Like Diamonds, Are Forever
Social Media Monitoring
Reputational Management
The Right to be Forgotten
Sweeping Away One's Digital Footprint
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Chapter Fourteen: Free Speech
Political Speech
Commercial Speech
Expressive Conduct Speech Subject to Restriction Based on Role of the State
Employer
Educator Through the Public School System
Prison Warden
Military
Regulator of the State Bar
Regulator of the Air Waves Unprotected Speech Social Boundaries of Speech |
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Chapter Fifteen:
Defamation, the CDA, and Anonymous Speech
Defamation
Defenses to Defamation
Forums for Potential Defamation
§ 230 of the Communications Decency Act
Common Law Approach
Enactment
No Takedown Provision
No Recourse?
Limitations on § 230 Immunity
Summary of § 230
The Fake Profile Cases Exploitation Web Sites
Revenge Porn
Mugshot Web Sites
Defamation in a Blog
First Amendment Protection
Vlogs
Blogola Defamation By Self-Publishers Defamation By Search Engine Results
Defamation versus Anonymous Free Speech
Rationales Favoring Anonymity
Arguments Against Anonymity
The Tradition of Anonymous Speech
Unmasking the Speaker
Barriers to Identifying an Anonymous Poster
WikiLeaks
International Approaches
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Chapter Sixteen: Student Speech
Forum Analysis
Spare the Rod
The Material and Substantial Disruption Standard
Tinkering with Student Speech Rights
A Bridge Too Far
Lobbing the Grenade
A Tale of Two Cities
Panel-Demonium
Tinker's Overlooked Prong
Student Hate Web Sites
Cyberbullying
Analysis |
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Chapter Seventeen: Journalism in the Digital Age
The Rise of the Digital Age
The Rise of "Citizen Journalism"
Traditional versus Digital Journalism
Advantages of Digital Journalism
Drawbacks of Digital Journalism
Why Professionalism Matters
Importance of Fact Checking
Dangers and Failings of Citizen Journalism
News Formats
Discussion Boards
Hyperlocal Web Sites
Blogs
Live Blogging
RSS
Podcasting
Wikis |
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Chapter Eighteen: Obscenity & Pornography
Federal Obscenity Statutes
The Communications Decency Act (CDA) §223
The Child Online Protection Act of 1998 (COPA)
The Children's Internet Protection Act of 2000
(CIPA)
Obscene Words
Child Pornography
The PROTECT Act
Other Child Protection Statutes
What Is "Possession"?
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Chapter Nineteen: Hate Speech and Repression
Online Harassment
Happy Slapping
Hate Speech On the Internet
Remedies to Hate Speech
Hate Speech in International Jurisdictions
Hate Speech and "Fake News"
Repression of Online Speech
Web Speech Under Totalitarianism |
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Chapter Twenty: Business and the Internet
Marketing Concerns
Legal Concerns
E-Discovery
Corporate Securities
Cybergripers
Strategic Lawsuits Against Public Participation
Tortious Interference with Business Relationship
Interstate Commerce and the Internet
Sales Tax
Privacy Concerns
Privacy Policy
Data Breach Employer Concerns
Job Applicants
Employee Bloggers
Privacy and Work — Lifestyle Privacy |
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Chapter Twenty-One:
Web Contracts
Basic Principles of Contract Law
Affirmative Defenses
Remedies
Assignment and Delegation
Electronic Signatures
The Uniform Electronic Transactions Act (UETA)
The E-SIGN Act
E-mails as a Signed Writing
Terms of Use Agreements
Privacy Policies
Membership Agreements
Shrink-wrap Agreements
Click-wrap Agreement
Browse-wrap Agreement
ISP Contracts
Notification of Changes
Unilateral Contracts
Web Site Development Agreements |
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Chapter Twenty-Two: Issues On The Horizon
Digital Estate Planning
Internet Accessibility for the Disabled Net Neutrality
E-Books Geolocation Filtering: Erecting Borders to the Internet Cloud Computing Digital Currency Wearable Technology
Distracted Driving
Autonomous Vehicles
The Internet of Things
The Blame Game
The New Nation-states |
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Glossary
Acronyms & Abreviations
Table of Cases
Table of Statutes & Treaties
U.S.
Federal Statutes
U.S. State Statutes
International
Statutes & Directives
Conventions and Treaties
Author Biography |
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