Law 897: Law in Cyberspace Seminar -- Assignment for Oct. 2, 2008

Law 897: Law in Cyberspace Seminar

Assignment for October 2, 2008

Internet Service Provider Liability

Congress has enacted two statutes limiting the liability of Internet Service providers for their subscribers' posts. They treat service providers differently, depending on the cause of action. Section 230 of the Communciations Decency Act limits service provider liability in defamation and other tort actions; while Section 512 of the Copyright Act limits service provider liability for copyright infringement. Why take two different approaches? Which one makes more sense?

Section 230

Read Section 230 of the Communications Decency Act of 1996
- another copy
Read Donato v. Moldow, 865 A.2d 711 (NJ Super 2005)
- another copy
Read Fair Housing Council v. Roomates.com, 521 F.3d 1157 (9th Cir 2008)
- another copy
Read Doe v. MySpace, 528 F.3d 413 (5th Cir 2008)
- another copy

Section 512

Read 17 USC § 512
- another copy
Read "Title II: Online Copyright Infringement Liability Limitation", pages 8-13 (only) of THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 U.S. Copyright Office Summary
Read Perfect 10 v. CC Bill, 488 F.3d 1102 (9th Cir. 2007)
- another copy
Explore the Chilling Effects Clearinghouse
- Skim Chilling Effects' § 512 F.A.Q.
- Check out a couple of cease and desist notices
- Read one of Chilling Effects' Weather Reports

Return to the syllabus