The Internet and the State
Part I: What is the Internet?
Findings of fact in ACLU
v. Reno, 929 F. Supp. 824 (E.D.Pa. 1996)
Michael Froomkin, An
Introduction to the "Governance" of the Internet
Things to do:
Read the class
Subscribe to the class
mailing list. Note: the computer dept. has disabled the
web-based signup. Until we figure out what to do about that, using
the internet account that you want to have receive mail from the list,
Figure out how to make your e-mail program automatically attach a "signature
block" or ".sig" to each of your messages. Please ensure that you sign
your name to all but intentionally anonymous postings to the class list.
if you can, have the program include the "signature" in the text of the
email rather than as a v-card, an attachment, or anything else that isn't
easily visible by ever e-mail program out there. I use PINE,
in some ways a very old-fashioned program, because it is utterly virus-proof,
but PINE doesn't handle attachments especially nicely.
me an email (not to the list!) in which you tell me about a paragraph's
worth about yourself. Please also include your day & evening phone
numbers and both e-mail and relatively lasting postal mail addresses for
my files. Your email should demonstrate your mastery of the "signature
2. Some background on Internet Tech
Read either CNET's HTML
for Beginners (including all nine linked pages) or NC States' HTML
Go to the Internet
Skills Page and do at least two things from each of the first four
B. Carpenter, RFC 1985, Architectural
Principles of the Internet (1996)
R. Rader, Domain
Name and Related Definitions (May, 2001)
S. Christey, RFC 2795, The
Infinite Monkey Protocol Suite (IMPS)
D. Waitzman, RFC 2549, IP
over Avian Carriers with Quality of Service (updates RFC
3. "Nettiquette" and other Informal Rules
S. Hambridge, RFC
1855: Nettiquette Guidelines (October 1995)
Inc v. Codes Communications, Inc.,  OJ No. 2246 (Ontario Superior
Court of Justice, June 14, 1999)
Elizabeth Kolbert, The
New Yorker, Pimps and Dragons (May 28, 2001) (NOTE: Notice anything
odd about the URL for this article? Besides the fact
it doesn't work anymore, I mean.... Try THIS
Keith Regan, E-Commerce Times, Report:
Four Web Sites Control Half of Surfing Time (June 04, 2001)
Reed Abelson, New York Times, By
the Water Cooler in Cyberspace, the Talk Turns Ugly (April 29, 2001)
T.R. Reid, Washington Post, Thanks
for Last Night! (cc: The Entire World) (Dec. 18, 2000)
Michelle Delio, Wired.com, Eudora
Retards Flames (Sep. 12, 2000)
Michael Singer, Are
You Reading Your Kid's E-Mail? (May 16, 2001)
Joseph Reagle, Why
the Internet is Good: Community governance that works well.(1998).
The five numbered Appendices are optional, but please do read the
Quotation Appendix .
How would you go about writing an "acceptable use of the Internet" policy
for a law school? For a client's organization?
Are there any limits on the ability of a firm, a law school, or an internet
service provider (ISP) to impose conditions on users of its computers?
Many people say that this
is the key to understanding the Internet. Do you agree?
What risks would you be most worried about?
What are the interest groups involved?
How would it differ from the rules you might impose on your children?
I presume that, as future lawyers, you have already read the acceptable
use policies that apply to you as UM students. After all, violating them
is a serious offense. But just in case you have not, here is the
UM Law Computer
Use Policy. Can you find the University's internet use policies?
How many are there? Which one(s) apply to law students? In
case of conflict with the law school's policy, which one controls?
introduction to MoodWatch
David Kaufer, Flaming:
A White Paper (June 2000)
Roger Clarke's compilation of NET-ETHIQUETTE:
Mini Case Studies of Dysfunctional Human Behaviour on the Net [Follow
some of the great links]
Katharine Mieszkowski, Salon.com, Candy
From Strangers (Aug. 13, 2001)
4. The Big Picture (pt. 1)
Internet as a Source of Regulatory Arbitrage (book chapter) in BORDERS
IN CYBERSPACE (Brian Kahin and Charles Nesson, eds.) (MIT Press, 1997)
I(D)&(E), II, II§ VI.
Cyberspace Regulation and the Discourse of State Sovereignty,
-- The Law of Cyberspace, 112 Harv. L. Rev. 1574, 1680-1697 (1999).
Jerry Kang, Cyber-race,
113 Harv. L. Rev. 1130 (2000) (.pdf) Introductin
& §§ II, V, VI & Conclusion
Dick Kelsey, Newsbytes, Site
Warns Of New Neighbors Who Are Sex Offenders (June 13, 2001)
David Post, Brave New Classroom,
or, Who IS Afraid of Virginia Woolf? (1998)
How critical is the presentation of self in everyday
life? What does it affect? How much of that could the Internet
Are sites such as Ratingsonline.com
a public service, an amusing diversion, an invitation to libel, a snare
and delusion, or all of the above?
Anything to worry about in student
outlines online or law
school application essays online?
Is the Internet "fraud's paradise"? Would a
like this work without the net?
Why don't we see more 'regulatory arbitrage' everywhere?
Is there something wrong with the theory? Is this
How would this class be different if we were all
telecommuting from home, and manifested to each other via the avatar (virtual
image) of our choice?
What image would you select for your personal avatar?
One based on your actual image? A movie star? A cartoon character?
An inanimate object?
Does the existence of this
service affect your opinion on the importance of the presentation of
Tim May, CryptoAnarchy
and Virtual Communities
Lucy Sheriff, The Register, Burgler.com
is Illegal, coppers claim (Oct. 10, 2000)
Kade Twist, Making
the Internet Indian
Jeffrey R. Young, Chronicle of Higher Education, A Study Finds that Web
Users are More Tolerant Than Non-Users (June 15, 2001)
Michael Zielenziger, In
Philipenes, Net is divine
New York Times, The
Long and Winding Cyberhoax: Political Theater on the Web (Jan. 7, 2001)
SEC v. Donald Allen English (E-biz) (complaint)
Taliban Bans Internet (July 13, 2001)
5. The Big Picture (pt. 2)
Phil Agre, Information
technology in the political process
Yochai Benkler, Net Regulation: Taking Stock and Looking Forward, 71
Colorado Law Rev. 331 (2000); older version online
at SSRN . Introduction, §§ II, III,
James Glanz, New York Times, The
Web as Dictator of Scientific Fashion (June 19, 2001)
Lucas D. Introa & Helen Nissenbaum, 16 The Information Society 169,
the Web: Why the Politics of Search Engines Matters (2000)
Scott Rosenberg, Salon, Assimilating
the Web (June 26, 2001)
What kinds of unique issues, if any, do you think the Internet poses for
Some issues easily can be regulated by engineering choices, or by market
structure. Should this concern us?
What issues, if any, need new legislation?
What issues, if any, by their nature are inappropriate for legislation?
Phil Agre, The
Internet and Public Discourse
Phil Agre, The
end of information and the future of libraries.
John Seely Brown & Paul Duguid, The
Social Life of Information
Lisa Guernsey, Mining
the 'Deep Web' With Specialized Drills (Jan. 25, 2001)
People For Internet Responsibility (PIFR), DECLARATION
OF PRINCIPLES (July 4, 2001)
Last updated: Aug. 27, 2001