POL 371 - Helpful Pages

Trademark Wars on the Web This page is meant to be an extensive, if not comprehensive, list of sites that have gotten slammed in one way or another for trademark concerns. The purpose of this list is to document what may be an increasing trend toward the use and abuse of intellectual property law as a form of online censorship.

http://www.ecommnw.org/univ/nettm.html

ARE TRADEMARKS LOST IN CYBERSPACE?

Annette M. Mulee

Can trademarks get lost in cyberspace? With the recent instances involving domain names identical to certain trademarks and the courts not yet having time to apply established law to possibilities permitted by new technology, attention is now being focused on the interaction between domain names and trademarks.

http://www.gcwf.com/articles/yourname.htm

Do You Own Your Own Name in Cyberspace?

by Mark Radcliffe

Doing Business on the Internet

Many articles have been written recently about the Internet and the potential it provides for business. Yet the Internet presents a unique "digital" marketplace which is very different from the "real world." The Internet is a "network of networks." Although the number of actual users is a subject of intense debate, most experts believe that twenty to thirty million people worldwide have access to the Internet. It is not like America Online, Prodigy or CompuServe. These services are "closed" and to access their features you need to "join" them. The Internet is open to all and has no central authority which governs it. Computer networks from universities, companies, and government agencies join the "Internet" by agreeing to adopt certain transfer protocols, pay certain fees and to carry the messages of the other networks.

http://www.television.com/resources.html

Domain names and trademarks and conflict and trading My interest in domain-name and trademark disputes is generic (no, I don't support "hijacking" trademarks by ambitious domain-name grabbers, nor do I support "hijacking" domain-names by ambitious trademark grabbers). Since all the excitement about television.com, I've become interested in what happens to people who decided, for one reason or another, to go out and register a generic word (like "television," "company," or "haven") as their domain name. I'm especially interested if you are such a person and have either great success or great frustration to report.

http://www.internic.net/

Directory and Database Services: Directory of Directories, white pages services and publicly accessible databases

Information and Education Services: tools and resources for the Internet community

Net Scout Services: Scout Report and Net-happenings publications

Registration Services: domain name registration and IP network number assignment

http://www.isi.edu/iana/IANA

Internet Assigned Numbers Authority

http://www.alternic.net/

Domain Name Registration @ Alter.NIC

Promoting freedom of the domain name space, and commerce on the Internet. Register your domain name or top level domain name here, today.

Public Information

Promoting freely available Internet information. We believe in an educated, informed netizen, and on this site you will find all the Internet Request For Comment ("RFC") documents that define the specification that the Internet is run by.

Anti Spam References

Promoting freedom of privacy. No thank you, I don't like spam. What it is, why it's a problem, what YOU can do about it and further resources are a click away.

Freedom Of Speech

We're also big on freedom of speech issues. Find out here why it's important , what the issues are, and where the limitations and threats are.

Free Community Networks

None of this means anything if people can't use the Internet. Read about community networking initiatives; how you can help, what you can do, what works and what doesn't.

Encryption

Promoting freedom to privacy. If you want something to be private, you encrypt it. If you want something encrypted, you need a key. We are a proponent of public key services. Read more about it: PGP, Kerberos and more, right here.

Press, News, Media...

AlterNIC.NET has been an Internet industry leader since the company was first started in 1995. Many reporters have taken notice of the company...

Privacy

http://www.2020tech.com/mai ldrop/privacy.html

Table of Contents What's New - UseNet - PGP, Encryption, and Computer Security - PGP Related Software - Hackers, Phreakers, and Pirates - Articles and Periodicals - Anonymous Servers - Invasions of Privacy - Privacy Organizations - Feedback/comments

http://www.stack.nl/~galactus/remailers/

Anonymity and privacy on the Internet

On this site you will find information on how to be anonymous, and how to secure your communications and files from third parties, as well as several other important security aspects that may arise when you are on the Internet.

http://www.privacy.org/pi/

PRIVACY INTERNATIONAL

Privacy International is a human rights group formed in 1990 as a watchdog on surveillance by governments and corporations. PI is based in London, UK and has an office in Washington, D.C. PI has conducted campaigns in Europe, Asia and North America to counter abuses of privacy by way of information technology such as telephone tapping, ID card systems, video surveillance, data matching, police information systems, and medical records.

http://www.med.ufl.edu/m edinfo/olmr/privacy.html

Protecting Privacy in Computerized Medical Information

http://elj.strath.ac.uk/jilt/Confs/3privacy/default.htm

Privacy, Health Care Data and Information Technology

http://www.privacyrights.org/

The PRC offers consumers a unique opportunity to learn how to protect their personal privacy. Our publications provide in-depth information on a variety of informational privacy issues, as well as practical tips on safeguarding personal privacy. We also operate a telephone hotline for those who seek information about privacy issues.

Government-Law

http://www.craftech.com/~mith/cda/ruling.html

Communications Decency Act Enacted by the U.S. Congress on February 1, 1996

Text provided by the Electronic Privacy Information Center

http://www.craftech.com/~mith/cda. html

Internet Regulation Project

http://lawlounge.com/netlaw.htm

Internet Law Welcome to the internet law bulletin board, the place to contribute on the topics of net law, IP as it applies, liability, and all legal issues as they apply to the net. Please click here to enter the bulletin board

http://www.ilpf.org/

Internet Law and Policy Forum provides to the world a neutral venue in which to develop solutions to the changing legal and policy questions of the internet.

http://www.urich.edu/~lta/techlaw.html

Technology and the Law

http://ballmer.uoregon.e du/tgleason/Challeng.htm

Regulating Speech on the Internet

http://jilt.law.strath.ac.uk/jilt/internet/default.htm

The Journal of Information, Law and Technology

Internet Regulation

http://law.house.gov/1.htm

The U.S. House of Representatives Internet Law Library

News Services

http://www.npr.org/

National Public Radio

http://ne2.news.com/?ntb.news

News.com Tech News First Webzine committed to the web

http://www.techweb.com/

TechWeb The Technology News Site

http://www4.zdnet.com/

ZDnet Webzine

Civil Liberty Groups

http://www.vtw.org/

The Voters Telecommunications Watch (VTW) is a New York-based citizen-based Internet civil liberties group. We organize citizens in individual Congressional districts, lobby on state and Federal legislation, and occasionally raise money for a worthy cause. (never ourselves)

http://www.surfwatch.com/surfwatch/censorship.html

Internet Censorship and Freedom of Expression

You can make a difference in the fight against Internet censorship - Join the Citizens Internet Empowerment Coalition - SurfWatch did!

http://www.aclu.org/

American Civil Liberties Union

http://www.eff.org/

The Electronic Frontier Foundation

http://www.epic.org/

Electronic Privacy Information Center

http://www.privacy.org/ipc/

Internet Privacy Coalition

http://www.truste.org/

TRUSTe is an independent, non-profit, privacy initiative dedicated to building users' trust and confidence on the Internet, and in so doing, accelerating growth of the Internet industry.

http://www.cpsr.org/home.html

CPSR Computer Professionals for Social Responsibility

http://www.essential.org/cpt/cpt.html

Consumer Project on Technology - Home Page

Around the World

http://www.rainbow.net.au/~jamesn/internet/regulation/

WELCOME to my page on Internet Regulation, Censorship, and other related topics.

The major purpose of this page is to provide a reference list for internet users within Australia, on the various legislation, policies, etc in place around our country and internationally.

http://www.sba.gov.sg/index.html

http://www.fl.asn.au/singapore/ intro.html

Singapore Internet Regulation - Censorship or Cultural Concern?

Singapore Brodcasting Authority

http://www.idgchina.com/

China Revises Internet Regulations International Data Group (China)

http://igubu.saix.net/satra/

South African White Paper on Telecommunications

http://www.ozemail. com.au/~firstpr/contreg/bigpic.htm

Robin Whittle - First Principles Consulting - Australia 12 May 1996 (Minor update 29 June 96) Keywords: Censorship, content regulation, Internet, cryptography, Australian Broadcasting Authority, PICS

This page was last updated 28 April 1998.

Josh Bickford

Submitted by: Joshua Bickford To be posted as first submission For Professor Hedblom

1. Personal Jurisdiction is defined in the following way under the United States Constitution: "a court cannot assert jurisdiction over a potential defendant unless the defendant has sufficient 'minimum contacts' with the forum so as to satisfy traditional notions of fair play and substantial justice" (Black's Law Dictionary 6th ed.).

A. Minimum contacts: Traditionally courts have looked at such things as physical presence to establish this idea. The definition of minimum contacts is as follows: "a doctrine referring to the minimum due process requirment for subjecting a non-resident civil defendant to a court's personal jursidiction. The defendant must have sufficient contacts with the forum state such that maintenance of the suit does not offend traditional notions of fiar play and substantial justice" (Black's Law Dictionary 6th ed.).

2. There is a three part test that courts use to establish the theory of minimum contacts and which is as follows: 1. "The non-resident defendant must purposefully direct his [her] activities or consummate some transactions with the forum or resident there of" 2. "The claim must be one which arises out of or relates to the defendant's forum- 3. "The exercise of jurisdiction must comport with fair play and substantial justice, i.e., it must be reasonable" (Donohue)

3. This three part test that is above is often called the "Shoe" test, is applicable in both types of personal jurisdiction:

A . General jurisdiction is "established when a non-resident defendant's contacts with the forum state are so pervasive and substantial that personal jurisdiction is established even though the cause of action is unrelated to the defendant's contracts with the forum" (Cooper) B. Specific jurisdiction is established when the cause of action is related to the contracts at question and when those contacts meet the following three criteria. (Cooper)

a. "The defendant must 'purposeful avail' himself [herself] of the privilege of doing business with the forum" b. "The cause of action arises from defendants' activities in the forum state" c. "The exercise of Jurisdiction would be fair and reasonable" (Cooper)

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4. Aspect of figuring out personal jurisdiction according to the "Shoe Test" A. Fulfillment of purposeful availment: "in Hanson v. Denckla, 357 U.S. 235 (1958) the U.S. Supreme Court defined when a non-resident defendant should 'reasonably anticipate' being haled into another jurisdiction. The court held that the defendant should reasonably anticipate being hailed into another state's jurisdiction if he [she] purposefully avails itself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws"(Cooper).

A1. Questions arise with the intent of systems when using discussing purposeful abvailment 1. Push or passive systems? push system acts much like junk mail passive system acts like a book one

can look at it or not (there is a great amount of choice involved) With the two above distinctions we conclude the following: "although the traditional jurisdictional questions about 'purposefull availment' may still exist relating to a defendant's passive web site, there are fewer questions relating to purposful avialment in a push system." (donohue).

B. The claim arising factor is self-explanatory

C. Fair and Reasonable: Assertion of jurisdiction over a non-resident must be fair and reasonable. U.S. Supreme Court ruled in Burger King Corp. V. Rudzewiez, 471 U.S. 462 (1985) that "courts may evaluate what is 'fair and reasonable' by considering the 'burden of the defendant, the forum state's interest in adjudicating the dispute, the plaintiff's interest in obtaining convenient and effective ruling, the interstate judicial system's interest in obtaining the most efficient resolution of controversies and she shared interest of the several states"(Cooper).

5. Factors impacting the thougth process in regards to jursidiction a: "the internet is 'indifferent to the physical location of the machines, and there is no necessary connection between an interent address and a physical jursidiciton"(Donohue). B. Cache c. The internet deals with the hyperlink "which allows the connection of one web site to another, regardless of location"(Donohue)

Works cited:

Donohue, James P. "Litigation in Cyberspace: Jurisdiction and Choice Of Law A United States Perspective." http:www.abanet.org/BUSLAW/CYBER/jiusjuris.html

Nolan, Joseph R. And Nolan-Haley, Jacqueline M. Black's Law Dictionary: With Pronunciations 6th ed. St. Paul, MN West Publishing Co. 1990.

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