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Question
Week 1 discussion
DQ1 Jurisdiction over Websites
Read Yahoo v. La Lique and Mink v. AAAA Development LLC (Baumer, pp. 44–46),
and then discuss the factors that were used to determine whether each court had
jurisdiction over non-resident website operators. What business
factors should enter into development of commercial websites and decisions
about whether to subject a company to long-arm jurisdiction?
DQ2 Impact of Technology on the Law
All websites are equally accessible on the Internet, no matter
where a site's business sponsor is located. Consequently,
foreign websites are accessible to people cruising the Internet.
Suppose a foreign website sells drugs that are not approved by
regulatory agencies for sale to citizens of another country. Do you
think that website has a duty to be familiar with drug laws throughout the
world? Why or why not? In addition, do you think the owners of the website have
committed a crime? Why or why not?
Week 2 discussion
DQ1 To Spam or not to Spam
You have just graduated and decide that you want to start an
Internet business. You have limited capital but need to market your product. Someone
suggests that you can purchase 500,000 Internet addresses at an extremely low
cost. You have
always hated spam but realize that this is a great way to reach a half a
million potential customers both quickly and cheaply. You
recognize that many, if not most, of the recipients will find your spam message
a nuisance. Focusing on the legal issues that you believe affect your actions,
discuss what you would do.
DQ2 Conflicts of Law and the Internet
The First Amendment of the U.S. Constitution prohibits the government from blocking any form of
freedom of expression that not does not involve child pornography, terrorism,
or other forms that themselves involve a crime. Many
foreign states place restrictions on expression in the name of a greater good. In
France, it is a crime to incite racial hatred. Yahoo
provides an auction site on the Internet and among the items it has offered
were Nazi memorabilia, which are illegal in France. French
authorities took Yahoo to court and filed criminal charges against the company. Several
organizations, such as the League Against Racism and Anti-Semitism and the
League of Jewish Students, successfully sued Yahoo in France and obtained a
judgment. A U.S. federal
district court judge, however, refused to enforce the judgment and says Yahoo
is not bound by French law.
Should the speech laws of one country effectively censor what
appears on a website owned by citizens of another country? Should a company
such as Yahoo that does business in foreign markets be sensitive to the laws
and culture of the countries in which it chooses to do business?
Week 3 discussion
Shrink-wrap, box-top, and click-wrap agreements are inherent to
e-commerce. How you feel about them often depends on whether you are the
vendor or purchaser. What are the best practices to assure shrink-wrap, box-top, and
click-wrap agreements are legal? What are the best ethical practices that the
e-commerce industry should adopt?
DQ2 Attribution in an E-Commerce World
In a world of one-click acceptance, vendors face real challenges
in determining whether the clicker is in fact the offeree to whom the offer is
made.What are some steps or procedures vendors can
adopt to establish attribution? What happens if a consumer clicks on the wrong
button or did not
intend to click at all? What legal and ethical defenses should be available to
e-commerce customers?
Week 4 discussion
DQ1 Eminent Domain—Good or Bad?
In June, 2005, the United States Supreme Court in Kelo v. City of
New London held that although the city of New London could not take private
land simply to confer a private benefit on a particular private party, the
takings could be executed pursuant to a carefully considered development plan.The Supreme Court rejected any literal requirement that condemned property be put into use for the public. Rather,
it embraced the broader and more natural interpretation of public use as
"public purpose."
Given the rapid growth of cyber business, is this expansion of
eminent domain good or bad? Could the takings be used to help develop
high-technology development parks? Or, should we be more concerned with the
threat to personal freedom that expanded eminent domain could entail? Does the
Supreme Court's interpretation give greater opportunity for misconduct
(bribery)?
DQ2 Invasions of Privacy in Cyberspace
Americans have a high regard for privacy. This
regard is codified in the Fourth Amendment to the U.S. Constitution, which guarantees the right of the people to be
secure in their persons, houses, papers and effects against unreasonable search
and seizure.
Is the Electronic Communication Privacy Act of 1986 sufficient to
guarantee our rights to privacy in Internet and other electronic
communications?
Or, in the aftermath of 9/11 and the war on terror, should we
reasonably expect government inroads into privacy and the use of snooping tools
such as Carnivore?
Week 5 discussion
DQ1 Intellectual Property in an Internet Age
The Internet revolution brought with it a flood of intellectual
property issues. We all know about the rise and fall of Napster and the efforts of
next-generation file-sharing programs to build pure person-to-person networks. Our text
discusses DeCSS software that can defeat anticopying protections on DVDs. Internationally,
the problem has exploded, with knock-off software programs available throughout
China and much of the Far East.
What can intellectual property owners, particularly the creators
of music and movie entertainment, do to protect their copyrights?
Are international trade agreements likely to be effective in
protecting copyright holders?
DQ2 "Suck Sites," Free Speech, and Metatags
The Internet is the new soapbox anyone can use to voice an opinion. With that
being the case, can a website that is critical of a business use the
trademarked name of the business?
Can those critical of the commercial practices of a business use
the business's name and also employ metatags to draw browsers of those who
input the business's name in the search engine?
Which value should receive the highest weight—the right of a
company to protect its trademark or the right of unfettered free speech in the
marketplace?
Week 6 discussion
DQ1 Ethical Hacker
Your CEO reads an article that a German firewall company,
Securepoint, has hired the author of the Sasser worm. She also
reads articles from security experts who are in support of or against the
hiring. She
concludes that it would be a good idea for your company to hire a local hacker
to work for your company. She asks you, the company's Chief Information Security Officer,
for your opinion. Please advise whether you agree or disagree with the CEO,
specifically addressing the ethical issues involved. (suggested
reading: Baumer, pp. 725–726)
DQ2 Cyberethics
Using the Internet, locate a website devoted to cyber ethics. Provide
the URL and a summary of the ethical principles promoted by the website.
Week 7 discussion
DQ1 Computer Viruses
Computer viruses can cause havoc when the infection hinders or
disables personal or business computers. Naturally,
the cost of dealing with viruses impacts major companies whenever an infection
occurs and is high in both monetary and manpower expenditures. But even
the small businessperson or casual user can experience major inconvenience,
anguish, and expense when infected. Does the
law deal severely enough with those who spread viruses? Is there anything more
that the government could do to protect citizens and businesses that use the
Internet that would not be viewed as an invasion of citizens' rights? Now
imagine that the next time you went to your personal computer it was useless
because of a virus and had to be replaced, or that the next time you went to
the computer lab on campus you found that a virus had disabled all computers on
your campus for 6 months. Would your answer be different?
DQ2 The Internet, Porn, and Free Speech
The attempt to regulate pornography
and to develop definitions that do not run afoul of the First Amendment is
expanding as the Internet becomes the number-one source for the dissemination
of pornography. Attempts to regulate online pornography through the Communication
Decency Act of 1996 and the Child Online Protection Act of 1998 have been
struck down by the Supreme Court. What legal solutions are available to combat pornography? Are
site-blocking tools an effective way to monitor the usage of the Internet by
children?
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