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The Best and Worst US Internet Laws

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."

18 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. Best and worst? by Anonymous Coward · · Score: 5, Funny

    Aritcle headline incorrect.

    Should read:

    The Worst and Least Worst of US Internet laws

    1. Re:Best and worst? by morgan_greywolf · · Score: 5, Insightful

      Agreed. The NET Act is horrible public policy. Not only that, the guy himself says that "criminal sanctions do not deter warez traders", linking to this paper on warez trading and the law, which "...discusses the motivations for warez trading, how criminalizing the behavior may counterproductively encourage it, and why legislators and prosecutors continue to target warez trading despite the counterproductive effects," in order to state his case, but then turns around and says that "[r]emoving warez traders from the Net, one by one, is a crude but ultimately effective method for curtailing warez trading" becuase "a couple of hundred warez traders have been busted by the law." (Whoop-de-doo!) So, uh, which is it? The law doesn't deter warez traders, or is the law effecting in curtailing them? You can't have it both ways.

  3. While we're discussing terrible internet laws... by Odiumjunkie · · Score: 4, Interesting
    I strongly urge any European slashdot denizens to contact their MEP(s) and advise them to vote for amendments to IPRED2 on the twenty-fifth of April. There's a BoingBoing post about it *here*, please don't let Cory's well-intentioned hyperbole sway you away from action.

    The ammendments would-

    * LIMIT the scope of IPRED2 to true criminal enterprises, involving copyright piracy and trademark violations done on a commercial scale, with malice and the intention of earning a profit from the enterprise, rather than criminalizing all intellectual property infringement as the current directive does; * AVOID creating an unprecedented scope of secondary liability for Internet intermediaries, ICTs, software vendors and a range of legitimate business activity, by removing the words "aiding or abetting and inciting" from Article 3. * PROVIDE LEGAL CERTAINTY by adopting precise and appropriate definitions of "on a commercial scale" and "intentional infringement" in Article 2 as commercial activity done with the intent to earn a profit directly attributable to the infringing activity.


    There's some more info *here*.
  4. US lawmakers dont understand global Internet by scsirob · · Score: 5, Insightful

    I did read TFA, and it's just amazing how US lawmakers think they can govern the way Internet is being used and how it evolves, all from behind their desks. 10 out of 10 laws, good and bad, fail to take into account that these laws have no juristriction in other countries.

    How does a US legislator come up with a law that tries to regulate information that may be property of an Australian entity, that sits on a German server and links to a French database hosted by a Lithouanian ISP? These laws are totally useless. Defective-by-design. And contrary to what that guy in the White House may think, America does not rule the world.

    --
    To Terminate, or not to Terminate, that's the question - SCSIROB
    1. Re:US lawmakers dont understand global Internet by Lithdren · · Score: 5, Insightful

      Its not about actually getting anything done.

      Its all about being sure you can say "Look, look what I did!" when re-election comes. Even if what you did, is completly idiotic, if it 'protects consumers/children/women/whatever' you get more votes, because people dont bother to research..anything, when it comes to things like this.

      Most, if not all, of the people in office realize this, realize these laws are utterly pointless, unenforceable, and overall useless. Thats why they're writing them. Easier then actually making something that WORKS.

    2. Re:US lawmakers dont understand global Internet by Lockejaw · · Score: 3, Insightful

      I don't get it. What's so "anti-US" about the suggestion politicians do stupid things and waste time? "Kneejerk reactionism" describes almost every use I've seen of the term "anti-US."

      --
      (IANAL)
    3. Re:US lawmakers dont understand global Internet by owlnation · · Score: 3, Insightful

      10 out of 10 laws, good and bad, fail to take into account that these laws have no jurisdiction in other countries.
      I know this isn't news to anyone on slashdot, but as an European it never ceases to amaze me how American lawyers and politicians are misguided in over-thinking their importance.

      Pass dumb law in the US, and for the most part those of us outside your borders just point and laugh. The DMCA (as one example) is of no interest nor value to 90% of the World, and why it should be so absorbing to the other 10% is difficult to understand.

      There's not really any such thing as a sensible Internet law. Since for a law to be sensible it needs to be internationally enforceable - there are no laws whatsoever that currently meet that criteria.

      The only thing that going to work is adoption of something similar to International Marine Law.
  5. He couldn't have made a worse description by Anonymous Coward · · Score: 4, Funny

    Tubes! The naive old fool!

    Every geek on this site knows that the Internet is actually a series of pipes.

    In the case of the main backbones, great big fat pipes!

  6. 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)

  7. Re:attn slashdot, I have a penis by Calydor · · Score: 4, Funny

    I see your penis has been rated redundant. How does that make you feel?

    --
    -=This sig has nothing to do with my comment. Move along now=-
  8. Biased toward copyright/anticompetive behavior by Aoreias · · Score: 5, Interesting
    How could there be no mention in this article of Title 18 1029, 1030, 2510, and 2701, which, among other things, makes most of the following illegal in most circumstances
    • Possession of counterfeit credentials involving interstate commerce, such as credit card numbers
    • Accessing a computer in an unauthorized manner
    • Gaining privileges in excess of those otherwise granted
    • Unauthorized wiretaps
    While our ability to exercise certain rights is important, let us not forget that we also need the ability to restrict others from trespass and fraud.
    --
    We've upped our standards. Up yours.
  9. Yeah, what kind of idiot would you.. by mikkelm · · Score: 5, Funny

    .. have to be to use "series of tubes" as an analogy for the Internet? What's next? Buffering? Routing? Flow control? HAH! Ignorant politicians.

  10. Laws which assume that small children by Burz · · Score: 4, Insightful

    ...have the right to play in the middle of the 'Information Superhighway' are almost always rotten.

    Handing over the keys to the car is something you do when your kid turns 15. There ought to be a similar ethic WRT Internet access.

  11. How about law by sponsor, support, opposition? by mnemotronic · · Score: 4, Insightful
    What would help me is a chart of the laws, who sponsored them, who voted for them and who voted against them. Granted, the "voted for" and "voted against" columns are rendered useless by porcine pork politics and the absurd nature of the American legislative process. All legislation receives the benefit of "earmarking". A truely bad bill may become law, not for it's primary purpose, but because of the attendant special interest amendments and good-ol-boy reach-arounds. How strange that HRBF George feels that the line item veto is a vital tool to combat ineffective laws, yet no-one believes that the Congress should be endowed with complementary powers, as in a line item vote. Legislators have the time to meet with the money (campaign contributors, special interests), construct loopholes, graft them onto other laws, and schmooze their compatriots, but do they actually have the time, as a body, to research and vote on each and every issue? Not likely.

    Still, knowing who sponsored the bills would be useful (yea, I could look it up myself, but I'm a complainer, not a doer).

    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  12. 18 USC 2257 by irc.goatse.cx+troll · · Score: 3, Interesting

    They missed one of the worst, 18 USC 2257, which makes a large chunk of internet sites impossible to run legally, like any site where people are uploading content or streaming video. This includes anonymous rateme sites like ratemyboobies, flashyourrack, and arguably even things like tinypic, flickr, and photobucket.

    Of course nobody will admit to hating it as it protects the children and if you dont like it you're a creepy pedophile.

    Impossible to hate the law because it makes distributors have to keep a copy of everything they distribute (technologically impossible for a cam site, not enough storage exists), makes pornstars give up a lot more personal info that all needs kept on file, even though they're usually the type that would want to stay anonymous or at least not have random guys able to come find and rape them, and makes it impossible for a girl to randomly post a tit picutre on a forum, imageboard, or whatever.

    Nope. None of those are valid complaints. Don't like the law = want to dick an 8 year old. Must be why it was left out from the article.

    --
    Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
  13. 2 + 2 + 10? Some how I think it's a bit biased. by kinglink · · Score: 3, Insightful

    Ok, we can all agree that the government has not been able to understand the internet, and I think that's pretty sad, but I have a feeling that there has been more than 14 laws put into place about the internet. He even admits there's been 100s of laws passed. My problem is that we can only find 2 good laws, 2 questionable laws and 10 bad laws? This sounds like the article's writer has a bit of an axe to grind and decided to take it out on laws while pretending to maintain impartiality. He admits he's biased, but I could admit I'm biased and repeat some of the stuff that Venezuelan president Chavez says about out country and Bush. Doesn't make what I say news, or even worthy of a title "The good and bad of Bush".

    Personally I find this article to be subpar for our standards. Slashdot isn't a soap box, something we seem to have forgotten.

  14. Missing: CAN-SPAM ACT by merc · · Score: 3, Interesting

    The CAN-SPAM act is terrible legislation, not because of what it attempted to accomplish, but because of what it actually accomplished: Nothing. Even worse, it failed to criminalize spam, effectively legitimizing it.

    Aside from that the law has no real teeth. You can't seek redress from spammers unless you're an Attorney General or an ISP.

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.