Boldly going where no lawsuit has gone before.
Of course you know the definition of an ambulance, a van that has been specially modified to run ahead of lawyers.
My point is not to make fun of lawyers -too easy - or to write a column about lawyer jokes. Although, if you're interested in that sort of thing, a good starting point is the Canonical List of Lawyer Jokes page. No, my point is that lawyers follow money and, if the way they're flocking to the Web is any indication, the Internet has finally made it to the big time.
At least that was my thinking when a Business Law class requested my help tracking down information on legal issues surrounding the Internet. Knowing the potential of higher education and not being averse to having potential future employers owe me a favor, I agreed. At the least, I figured there might be a column in it. There was.
The Net Detours Legal Guide to the Web
Disclaimer: The columnist, although an avid fan of Perry Mason and Matlock, is not a lawyer. Hence his legal opinions - actually any of his opinions - should not be considered authoritative. If you need legal advice consult an attorney. Mention this column and you'll receive 15% off on your first consultation. This offer not valid where prohibited by common sense.
Censorship: Folks with memories longer than the amount of time it takes to download a Web Page may recall the Telecommunications Act to 1996. The most conspicuous result of the Act - other than several communications industry mega-mergers - has been those blue ribbons you see all over the Web. It appears they're working. Last week a U.S. District Court issued a preliminary injunction prohibiting enforcement of the Act's "indecency" provisions. Immediately the text of the decision was available online at at least four locations. Proving, perhaps, that the most effective guarantee of free speech is the robust use of it. The plaintiff in the case, the ACLU, has posted the decision and its background on the Cyber-Liberties page.
Copyright Law: We're building a twenty-first century communications infrastructure governed by nineteenth century laws. Considering that library copy machines are hot beds of criminal activity in today's society, imagine the nightmares the Net poses to courts interpreting copyright law, cops enforcing it and writers and artists trying to protect their work. To help you consider it, the law firm of Davis and Schroeder has a site devoted to intellectual property rights and the Internet.
Trademarking Domain Names: Link to www.peta.org and you might expect to find People for the Ethical Treatment of Animals. Instead you get the message, "ä unable to locate the server: www.peta.org. The server does not have a DNS entry.". Why? Because the domain name "peta.org" was originally registered by Mike Doughney for his People Eating Tasty Animals satire. Unfortunately the original PETA - a group not known for its sense of humor - objected and moved to block Mike's use of the name. InterNIC, the organization governing such matters, placed peta.org "on hold" causing People Eating Tasty Animals to disappear. Fortunately it's back at a new URL where you can visit the original pages and also get a somewhat one-sided view of the dispute. For a more well-rounded discussion of the whole issue see the Someone Else's Trademark page.
Privacy: Would you have a job if your boss read your e-mail? Me neither. My solution is to endsay allay ymay etterslay inay igpay atinlay. Those who value their privacy more highly prefer sophisticated encryption software such as Pretty Good Privacy (PGP). Apparently the government is concerned that some of those people might be hoodlums, drug dealers or Saddam Hussein. Therefore the export of the encryption software is governed by the same laws controlling the export of weapons technology. Since the software is readily available on the Web, this becomes something of a gray area legally. To prove this is a serious issue, encryption supporters have come up with the Golden Key, their version of the blue ribbon. You can get yours from the Internet Privacy Coalition.
Surprisingly, given the amount of attention lawyers are paying to cyberspace, I could find little online information about the legal question that most intrigues me:
Can I sue my Internet service provider to cover the cost of my Carpal Tunnel Surgery?
Where's Brown & Crouppen when you need them?
