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The Best and Worst US Internet Laws

Posted by kdawson on from the rhymes-with-shoeless dept.

An anonymous reader writes "When a US legislator describes the Internet as a 'series of tubes' you just know that you're going to end up with some wacky laws on the books. Law professor Eric Goldman takes a look at the best and worst Internet laws in the U.S. Goldman offers an analysis of the biggies such as the DMCA, but also shines light on lesser-known laws like the Dot Kids Implementation and Efficiency Act of 2002. And he actually finds four Internet laws that aren't all bad."

4 of 67 comments (clear)

  1. Better link to article by Anonymous Coward · · Score: 5, Informative

    An easier to read, all on one page version of the FA is here.

  2. Where's CAN-SPAM ? by Anonymous Coward · · Score: 4, Informative

    I'm apalled that the author excluded CAN-SPAM from tfa. Easily #1 worst internet law in my books, for the fact that it is almost entirely unenforcable. (amongst many other enormous problems)

  3. Re:While we're discussing terrible internet laws.. by pete-classic · · Score: 2, Informative

    Welcome to the Internet! Click here!

    -Peter

  4. Re:US lawmakers dont understand global Internet by ubuwalker31 · · Score: 2, Informative

    "....fail to take into account that these laws have no juristriction in other countries"

    Well, that is because most of the lawmakers are also lawyers, and are familiar with a legal concept called "Long Arm Jurisdiction" which allows a Federal Court to use the most relevant state's long arm statute to pursue foreign states. For example:
    "LOCAL INJURY; FOREIGN ACT. In any action claiming injury to person or property within this state arising out of an act or omission outside this state by the defendant, provided in addition that at the time of the injury, either:
    (a) Solicitation or service activities were carried on within this state by or on behalf of the defendant; or
    (b) Products, materials or things processed, serviced or manufactured by the defendant were used or consumed within this
    state in the ordinary course of trade."

    The use of a long arm statute is usually constitutional where the defendant has certain minimum contacts with the forum state and there has been reasonable notice of the action against him or her. Courts look at 3 factors: purposeful availment of an individual or entity to another jurisdiction, whether an act was done in another jurisdiction, and whether the jurisdiction is reasonable for the defendant to expect to defend himself there.

    So, if a judgment is obtained in a US Court, there is a process, by treaty or letters rogatory, to execute and enforce the judgment in the foreign country.

    This is how our global village works. Basically.