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## author : L_Lessig@SSRN.COM
## date : 17.05.99
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C Y B E R S P A C E L A W A B S T R A C T S
No. 23: May 17, 1999
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Publisher: Legal Scholarship Network (LSN)
a division of
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Editors: LAWRENCE LESSIG
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T A B L E of C O N T E N T S
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WORKING PAPERS
"Standardizing Government Standard-Setting Policy for Electronic
Commerce"
MARK A. LEMLEY
University of Texas, School of Law
"Application v. Internet - An Introduction to Application
Centered Internet Analysis"
TIM WU
Seventh Circuit Court of Appeals
Chambers of Judge Richard Posner
NEW and FORTHCOMING ARTICLES
"Domain Names as Collateral"
(Trademark World, No. 106, April 1998)
BAYO ODUTOLA
Odutola Law Chambers
"Filters and the First Amendment"
(Minnesota Law Review, Vol. 83, P. 755, February 1999)
R. POLK WAGNER
Lawyer
S S R N I N F O R M A T I O N
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we do not referee working papers. We accept abstracts of all
working papers in Cyberspace Law whose topics suit the coverage
of the journal and which are part of the worldwide scholarly
discourse.
W O R K I N G P A P E R Abstracts
_________________________________________________________________
"Standardizing Government Standard-Setting Policy for Electronic
Commerce"
BY: MARK A. LEMLEY
University of Texas, School of Law
Document: Available from the SSRN Electronic Paper Collection:
http://papers.ssrn.com/paper.taf?abstract_id=162810
Date: April 29, 1999
Contact: MARK A. LEMLEY
Email: Mailto:mlemley@mail.law.utexas.edu
Postal: University of Texas, School of Law
727 East Dean Keeton Street
Austin, TX 78705 USA
Phone: (512)232-1342
Fax: (512)471-6988
ABSTRACT:
The U.S. government's policy towards open standards in
electronic commerce is inconsistent. On the one hand, the
Magaziner Report endorses the idea of interoperable standards
and open standard-setting processes for electronic commerce. It
also suggests that governments should not be involved in setting
technical standards. Unfortunately, the Report also endorses
government intervention in the standard-setting process in the
case of encryption. Further, it recommends expanding
intellectual property rights, without acknowledging the
difficulties this can cause for open standards. Professor
Lemley's article draws attention to this inconsistency, and
suggests ways that the government could help promote open
standards if it truly wished to do so.
______________________________
"Application v. Internet - An Introduction to Application
Centered Internet Analysis"
BY: TIM WU
Seventh Circuit Court of Appeals
Chambers of Judge Richard Posner
Document: Available from the SSRN Electronic Paper Collection:
http://papers.ssrn.com/paper.taf?abstract_id=157928
Date: March 15, 1999
Contact: TIM WU
Email: Mailto:timwu@poboxes.com
Postal: Seventh Circuit Court of Appeals
Chambers of Judge Richard Posner
219 S. Dearborn St.
Chicago, IL 60604 USA
Phone: (312)435-3024
Fax: (312)435-7545
ABSTRACT:
Much Internet scholarship tends to analyze the Internet at an
inappropriate level of abstraction; focusing on the Internet as
one "medium," when -- by design -- nearly all of the significant
facts for certain questions are to be found at the level of the
application and its associated protocols. The article suggests
that application-centered thinking makes a better tool for the
hard Internet questions, such as First Amendment questions (such
as filtering) and questions of private ordering.
JEL Classification: K3
______________________________
N E W and F O R T H C O M I N G Articles
_________________________________________________________________
"Domain Names as Collateral"
Trademark World, No. 106, April 1998
BY: BAYO ODUTOLA
Odutola Law Chambers
Contact: BAYO ODUTOLA
Email: Mailto:bayo@odutola.com
Postal: Odutola Law Chambers
280 Albert Street
Suite 900
Ottawa, Ontario K1P 5G8 CANADA
Phone: (613)238-1140
Fax: (613)238-5181
ABSTRACT:
A Paper on using Domain Names as collateral in Canada.
JEL Classification: K19
______________________________
"Filters and the First Amendment"
Minnesota Law Review, Vol. 83, p. 755, February 1999
BY: R. POLK WAGNER
Lawyer
Contact: R. POLK WAGNER
Email: Mailto:polk.wagner@pobox.com
Postal: 2701 Williamsburg Street, #402
Alexandria, VA 22314
Phone: (703)329-4559
Fax: (815)371-3397
Note: This is a description of the article and is not the
actual abstract.
ABSTRACT:
Internet content filters -- promising a technological solution
to the uniquely social problem of widespread availability of
adults- only content on the Internet -- appear to shift the
debate over control of "cyberporn" from the legislative to the
technical. Yet a growing number of commentators are expressing
serious reservations about the free speech implications of
filters. In this Article, I note that the ever-changing
relationship between technology, network economics, and legal
doctrine in the new economic and ideological marketplace of
Cyberspace will fundamentally impact any constitutional
analysis. I argue that the existing literature's analytic
reliance on expansive concepts of state action are ill-founded:
both vulnerable to technological and legislative manipulation
and finding little doctrinal support. Instead, I outline an
approach based on First Amendment theories of association,
arguing that this "associative" approach -- supported by current
precedent -- is the most promising among several alternatives
for providing an adaptive and powerful constitutional framework
for evaluating indirect government regulation of the Internet.
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A D V I S O R Y B O A R D
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CYBERSPACE LAW
A. MICHAEL FROOMKIN
Professor of Law, University Miami School of Law Fellow,
Cyberspace Law Institute; Member of Editorial Board, Journal of
Online Law; Foreign Associate, the Royal Institute of
International Affairs
I. TROTTER HARDY
Professor of Law, William and Mary School of Law; Editor,
the Journal of Online Law
DAVID R. JOHNSON
Chairman, Counsel Connect; Co-Director, Cyberspace Law
Institute
ETHAN KATSH
Professor of Legal Studies, University of Massachusetts at
Amherst; Co-Director, Online Ombuds Office; Fellow, Cyberspace
Law Institute; Member of Editorial Board of Journal of Online
Law, Cyberlaw, Technolaw, and West Legal Network
MARK A. LEMLEY
Assistant Professor of Law, University of Texas Law School
JESSICA LITMAN
Professor of Law, Wayne State University Law School
DAVID G. POST
Associate Professor of Law, Temple University Law School;
Co-Director, Cyberspace Law Institute; Editorial Board,
Lexis Electronic Authors Press
MARGARET JANE RADIN
William Benjamin Scott and Luna M. Scott Professor of Law,
Stanford Law School
PAM SAMUELSON
Professor, Department of Information Management and Systems,
University of California at Berkeley, and Professor of Law,
University of California at Berkeley School of Law
EUGENE VOLOKH
Acting Professor of Law, UCLA Law School
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