Law in the Internet Society

Columbia Law School, Fall 2007

Professor Eben Moglen

Mail the Class         Mail Eben         Review the Mail

My office hours are Thursday, 11 to 1:30, and Friday, 11-12:30, in JG642, and by appointment at other times. Please email me for an appointment, or consult my assistant, Ian Sullivan, at 212-461-1905.


For December 6, please read the section entitled Voice Over IP

Please ignore any information you receive claiming that there is an exam in this course.

On the Radar

Richard Perez-Pena, Facebook Founder Finds He Wants Some Privacy, New York Times, December 3, 2007

Mike Nizza, An Intelligence Official's Privacy Proposal, The Lede, New York Times, November 12, 2007

Saul Hansell, Facebook to Turn Users Into Endorsers, New York Times, November 6, 2007

"John Ashcroft,"Uncle Sam on the Line, New York Times, November 5, 2007

Miguel Helft and John Markoff, Google Makes Its Entry Into the Wireless World, New York Times, November 5, 2007

Louise Story, Tracking of Web Use by Marketers Gains Favor, New York Times, November 5, 2007

Reuters, Yahoo Executive Apologizes to a Congressional Panel, New York Times, November 3, 2007

Jammie Thomas: her story in her own words,, November 3, 2007

Anand Giridharadas, In India, Poverty Inspires Technology Workers to Altruism, October 30, 2007

Mireya Navarro,Pay Up Kid, or Your Igloo Melts, New York Times, October 28. 2007

Louise Story, Company Will Monitor Phone Calls to Tailor Ads, New York Times, September 24, 2007

Microsoft v. European Commission, European Court of First Instance, T-201/04, Judgment of 9/17/07

Reuters, Harnessing The Internet to Reinvent Democracy, New York Times, September 11, 2007

Introduction, Political Economy:
The Way We Live Now

The Great Barbecue

Eben Moglen, The Invisible Barbecue, Columbia Law Review, 1997

Telecommunications Act of 1996, P.L. 104-104, February 8, 1996. The whole bill is plenty of reading. Please read at least the CRS summary.

Bob Dole, Giving Away the Airwaves, March 27, 1997

Bill Carter, F.C.C. Eases Limits on TV Station Ownership, New York Times, August 6, 1999

Major Broadcasters Form Alliance to Provide Wireless Web Content , New York Times, March 8, 2000

Patricia Nelson Limerick, Of Forty-Niners, Oilmen and the Dot-Com Boom, New York Times, May 5, 2000

Steven Labaton, Communications Lobby Puts Full-Court Press on Congress, New York Times, October 24, 2000

Reuters, Airwave Auction Raises $320 Million, New York Times, September 6, 2000

Stephen Labaton, Appellate Court Eases Limitations for Media Giants, New York Times, February 20, 2002

Sweepings From the Market for Eyeballs

John Tagliabue, Europe Offering Free Calls, But First, a Word From . . ., New York Times, September 28, 1997

Saul Hansell and Amy Harmon, Caveat Emptor on the Web: Ad and Editorial Lines Blur, New York Times, February 26, 1999

Constance L. Hays, Math Textbook Salted With Brand Names Raises New Alarm, New York Times, March 21, 1999

Lisa Guernsey, Welcome to College. Now Meet Our Sponsor. , New York Times, August 17, 1999

Matt Richtel, Now, Endless Words From Our Sponsor, New York Times, July 25, 1999

Sociology, Economics, Legal Theory:
Grasping the Net

E Pluribus Unum

Thomas L. Friedman, The Mouse That Roars: A Global Tale, New York Times, July 18, 1998

Douglas Jehl, Islamic World Opens Door to the Internet, but Restrictions Are Many , New York Times, March 18, 1999

Robert Wright, Private Eyes, New York Times, September 5, 1999

David J. Wallace, World Game Achieves Inventor's Vision of Global Play, New York Times, October 3, 1997

Jodi Wilgoren, Snow Day Is for Surfing as Pupils Play on Internet, New York Times, January 15, 1999

Jason Chervokas & Tom Watson, A Wired Generation Comes of Age on the Net, New York Times, October 31, 1997

Victoria's Secret, A Sex Metaphor,, New York Times, February 5, 1999

Alice McInnes, The Agency of The InfoZone: Exploring the Effects of a Community Network, First Monday, February 1997

Angela Lewis, Hoax E-mails and Bonsai Kittens: Are You E-literate in the Docuverse?, First Monday, August 2002

John Schwartz, Professors Vie With Web for Class's Attention, New York Times, January 2, 2003

Michael Dorf, Laptops in the Classroom, November 2006

Having a Theory

Michael H. Goldhaber, The Attention Economy: The Natural Economy of the Net, First Monday, April 1997

Rishab Aiyer Ghosh, Economics is dead. Long live economics!, First Monday, May 1997

Philippe Aigrain, Attention, Media, Value and Economics, First Monday, September 1997

Rishab Aiyer Ghosh, Cooking Pot Markets: An Economic Model for the Trade in Free Goods and Services on the Internet, First Monday, March 1998

Terrence A. Maxwell, Is Copyright Necessary?, First Monday, September 2004.

Copyright and Other Intellectual Improperty:
Anarchists, Authors, and Owners

You Say You Want a Revolution?

Eben Moglen, Anarchism Triumphant: Free Software and the Death of Copyright, First Monday, August 1999

Eben Moglen, Free Software and the Broadcast Media, December 2002 PostScript PDF

Eben Moglen, Free Government, II, October 2002 PostScript PDF

Eben Moglen, Free Government, September 2002 PostScript PDF

Eben Moglen, Untrustworthy Computing, July 2002 PostScript PDF

Eben Moglen, Security Through Freedom, June 2002 PostScript PDF

Eben Moglen, Exploring the Frontiers of Unfreedom, May 2002 PostScript PDF

Eben Moglen, More Menace from the Mouse, March 2002 PostScript PDF

Interview with Linus Torvalds, First Monday, March 1998

Amy Harmon and John Markoff, Internal Memo Shows Microsoft Executives' Concern Over Free Software, New York Times, November 3, 1998

Amy Harmon, Self-Proclaimed Computer Geeks Hold 'Windows Refund Day', New York Times, February 16, 1999

Compressed Data: Doesn't Go to the Highest Bidder, New York Times, March 1, 1999

John Markoff, New Program Is Introduced to Ease Use of Linux System , New York Times, March 4, 1999

Intel Expected to Buy Stake in Linux Firm, New York Times, March 1, 1999

Dell Bolsters Support of Windows Rival Linux, New York Times, April 7, 1999

Matt Richtel, Share Price More Than Triples in Red Hat's Public Offering, New York Times, August 12, 1999

Steve Lohr, With Acquisition, Sun Takes Aim at Microsoft, New York Times, August 31, 1999

Saul Hansell, Surging Number of Patents Engulfs Internet Commerce, New York Times, December 10, 1999

Jack Bryar, Palladium's perilous promise, NewsForge, June 28, 2002.

Matthew Broersma, Microsoft server crash nearly causes 800-plane pile-up, Techworld, September 21, 2004.

Terrence A. Maxwell, Is Copyright Necessary?, First Monday, September 2004.

Play it Again, Sam

MGM et al. v. Grokster, Ltd., No. 04-480, U.S. Supreme Court, June 27, 2005

Brief Amici Curiae in Support of Respondent in MGM et al. v. Grokster, Ltd., 04-480 (March 1, 2005)

For other amicus briefs and documents related to the case, see the MGM v. Grokster information page at

John Borland, Open-source P2P projects keep swapping, C|Net, July 15, 2005

Anne Broache, Time for lawmakers to act on Grokster?, C|Net, July 19, 2005

Declan McCullagh, Warner Music readies CD-free 'e-label', C|Net, Aug. 22, 2005

Dawn Kawamoto, Record labels send more letters to P2P services, C|Net, Sept. 15, 2005

David Bauder, BMI Develops Robot to Monitor Online Music Sales, New York Times, October 16, 1997

Jon Pareles, With a Click, a New Era of Music Dawns, New York Times, November 15, 1998

Neil Strauss, Expert to Help Devise Format for Delivering Music on Internet, New York Times, March 1, 1999

Neil Strauss, Free Web Music Spreads From Campus to Office, New York Times, April 5, 1999

Jon Pareles, Musicians Want an Internet Revolution, New York Times, March 8, 1999

Neil Strauss, Rap Revolutionaries Plan an Internet Release, New York Times, April 16, 1999

Matt Richtel, Sony and IBM Create Alliance on Internet Music, New York Times, April 16, 1999

Neil Strauss, Pirate-Proof Music on Web? So Far, That Does Not Compute, New York Times, April 24, 1999

John Markoff, New System for PC Music Due Stirs Recording Industry's Piracy Concerns, New York Times, May 3, 1999

Coalition Sets Plan to Block Internet Music Piracy, New York Times, June 28, 1999

Matt Richtel, Questions Abound on Downloading Digital Music , New York Times, June 30, 1999

Matt Richtel, Record Labels Assert Control in Cyberspace, New York Times, July 5, 1999

Mark Amerika, Sonic Upheaval: Using MP3 To Rip the System , Telepolis (English Edition), September 7, 1999

John Markoff, Bridging Two Worlds to Make Downloadable Music Profitable, New York Times, September 13, 1999

Carl S. Kaplan, Copyright Decision Threatens Freedom to Link, New York Times, December 10, 1999

Carl S. Kaplan, DVD Lawsuit Questions Legality of Linking, New York Times, January 6, 2000

Carl S. Kaplan, DVD Case Will Test Reach of Digital Copyright Law, New York Times, July 14, 2000

Carl S.Kaplan, Norwegian Teenager Appears at Hacker Trial He Sparked, New York Times, July 21, 2000

Findings of Fact and Conclusions of Law, Universal City Studios, Inc. v. Reimerdes, 00 Civ. 0277 (LAK), August 17, 2000

Universal City Studios, Inc. v. Corley, No. 00-9185 (CA2, November 28, 2001)

Reuters, Study Says That Napster Increases Music Sales, New York Times, July 21, 2000

Bloomberg News, Sony's Music Unit Sued Over Customer Steering , New York Times, February 1, 2000

Alec Foege, A Watchdog for Online Music, New York Times, May 5, 2000

Amy Harmon, Powerful Music Software Has Industry Worried , New York Times, March 7, 2000

Matt Richtel, Judge Rules On 2 Issues in Music Case , New York Times, May 8, 2000

Constant Brand, European Music Stars Fight to Block Internet Piracy, New York Times, July 14, 2000

Study Says That Napster Increases Music Sales, New York Times, July 21, 2000

Matt Richtel, In Victory for Record Industry, Judge Bars Napster Music Site , New York Times, July 27, 2000

Amy Harmon, For Many Online Music Fans, Court Ruling Is Call to Arms, New York Times, July 28, 2000

Amy Harmon, Copyright and Copying Wrongs: A Web Rebalancing Act, New York Times, September 10, 2000

Warner Music, RealNetworks in Digital Music Pact, New York Times, September 11, 2000

Use of Napster Quadruples, New York Times, September 11, 2000

Cnet News.Com, The Smashing Pumpkins Take Music Directly to Napster Fans, New York Times, September 12, 2000

Amy Harmon, Rock Musicians Enter Fray on Copyrights, New York Times, November 13, 2000

Amy Harmon, Deal Settles Suit Against, New York Times, November 15, 2000

Matt Richtel, Napster Case: Hard Queries on Copyrights, New York Times, October 3, 2000

Jon Pareles, The Many Futures of Music, Maybe One of Them Real, New York Times, January 10, 2002

Neil Strauss, Recor d Labels' Answer to Napster Still Has Artists Feeling Bypassed, New York Times, February 18, 2002

Laura Holson, Adjusting the Balance of Power in the Music Industry, New York Times, January 29, 2002

Jennifer Medina, Fees Forcing College Radio Stations to Scale Back Webcasts, New York Times, October 20, 2002

David McGuire, Court Rejects Music Industry Subpoenas, Washington Post, December 19, 2003

David McGuire, RIAA Sues Song-Swapping Suspects, Washington Post, January 21, 2004

Bill Werde, Defiant Downloads Rise From Underground, New York Times, Feburary 24, 2004

Geneva Declaration on the Future of the World Intellectual Property Organization (WIPO), September 22, 2004.

Revising the Author

Saul Hansell, In Wired World, Much Is Free at Click of a Mouse , New York Times, October 14, 1999

David R. Sewell, The Internet Oracle: Virtual Authors and Network Community, First Monday, June 1997

William Butler O'Connor, Create or be Created: How the Internet Cultural Renaissance is Turning Audience Members into Artists, First Monday, October 1997

How Bad Can It Get?

Brief Amicus Curiae in Eldred v. Ashcroft, No. 01-618, US Supreme Court, May 20, 2002 PostScript PDF

Eldred v. Ashcroft, No. 01-618, United States Supreme Court, January 15, 2003

Jeri Clausing, Federal Act Targets Software Theft From Net, New York Times, November 20, 1997

No Electronic Theft (NET) Act, P.L. 105-147, 111 Stat. 2678, December 16, 1997

Jeri Clausing, House Reaches Compromise on Digital Copyright Law, July 18, 1998

Digital Millennium Copyright Act, P.L. 105-304, 112 Stat. 2860, October 28, 1998

Jeri Clausing, Bill on Protecting Databases Resurfaces in House, New York Times, March 19, 1999

Collections of Information Antipiracy Act, H.R. 354, January 19, 1999

Grant Gross, New violators of the DMCA? Reuters,,, dozens of other publications, and us, NewsForge, May 22, 2002

Giving the Market for Eyeballs What It Wants

Bill Carter, Will This Machine Change Television?, New York Times, July 5, 1999

Joel Brinkley, A Step Toward a Versatile High-Definition VCR , New York Times, September 16, 1999

Owning the Web

Bernardo A. Huberman and Lada A.Adamic, Novelty and Social Search in the World Wide Web, Xerox Palo Alto Research Center

Matthew Mirapaul, Lyrics Site in Copyright Dispute May Go Commercial, New York Times, January 30, 1999

Compressed Data: Several Lawsuits Challenge Internet Ads, New York Times, February 15, 1999

Bob Tedeschi, Ticketmaster and Microsoft Settle Linking Dispute, New York Times, February 15, 1999

Lisa Napoli, Yahoo Angers GeoCities Members With Copyright Rules, New York Times, June 30, 1999

Carl S. Kaplan, Is Linking Always Legal? The Experts Aren't Sure., New York Times, August 6, 1999

Carl S. Kaplan, Assessing Linking Liability, New York Times, September 7, 2000

Farhad Manjoo, Public Protests NPR Link Policy, Wired, June 20, 2002.

Lisa M. Bowman, Net archive silences Scientology critic, Cnet News.Com, September 24, 2002.

Declan McCullagh, US government wants firms' security secrets, ZDNet, April 17, 2003.

The Higher Learning Stoops to Conquer

Karen W. Arenson, More Colleges Plunging Into Uncharted Waters of Online Courses, New York Times, November 2, 1998

Pamela Mendels, Copyright Law Raises Questions for Distance Education, New York Times, February 10, 1999

Karen W. Arenson, New Company at Columbia Aims to Profit From Internet, New York Times, April 3, 1999

Pamela Mendels, More Publishers Adapt Textbooks to Digital Era, New York Times, August 4, 1999

Fixing It Up

John Kelsey and Bruce Schneier, The Street Performer Protocol and Digital Copyrights, First Monday, June 1999

Linda Greenhouse, Justices to Review Copyright Extension, New York Times, February 20, 2002

Amy Harmon, Case Could Shift Balance in Debate on Public Domain, New York Times, February 20, 2002

Associated Press, Court Rules Against Patriot Act, Wired, January 24, 2004

Carriage Regulation:
Controlling the Switches


David J. Wallace, Changes in Phone Service Are Mixing Up Net Issues in Europe , New York Times, April 8, 1999

Edmund L. Andrews, Internet Users In Germany Protest High Phone Rates, New York Times, November 2, 1998

Seth Schiesel, FCC Urges That Internet Phone Service Be Fee-Based, New York Times, April 11, 1998

Wherever You May Wander

John Markoff, The Corner Internet Network vs. the Cellular Giants, New York Times, March 4, 2002

Edmund L. Andrews, Rush Is On in Europe for Wireless Data Services, New York Times, July 27, 1999

Seth Schiesel, 'Holy War' Over the Future of Wireless, New York Times, February 15, 1999

Sheryl WuDunn, Forced to Compete in Wireless Technology, Japan Becomes a Global Power, New York Times, July 27, 1999

What God Would Do If He Had the Money

Stephen Labaton, AT&T Benefits as F.C.C. Eases Curbs on Ownership in Cable TV Industry, New York Times, October 9, 1999

John Markoff, Microsoft Ready to Invest $1 Billion in US West Cable Business, New York Times, November 5, 1997

Bill Carter, TV Networks Confront Need for Radical Change, New York Times, January 2, 1999

Sam Howe Verhovek, AT&T Fights for Control in Struggle Over Internet Access, New York Times, February 15, 1999

Jeri Clausing, Internet Providers' Demands on High-Speed Data Rejected , New York Times, April 14, 1999

Seth Schiesel, News Analysis: Tasty Morsels and Digestive Challenges for AT&T, New York Times, April 26, 1999

AT&T Is in Talks With Microsoft on a Wide-Ranging Alliance, New York Times, May 6, 1999

Steve Lohr, In AT&T Deal, Microsoft Buys Stake in Future of Cable TV, New York Times, May 7, 1999

Seth Schiesel, AT&T Conjures Up Its Vision for Cable, but Can It Deliver?, New York Times, May 7, 1999

In Latest Fray Over Internet Access, 3 Los Angeles Commissioners Resign, New York Times, June 27, 1999

Stephen Labaton, Internet Fight for Access to AT&T's Cable Lines Creates Unusual Alliances , New York Times, August 13, 1999

Eben Moglen, The Big Deal: Why AT&T and Microsoft are MediaOne, June 1999

Federal Communications Commission, Implementation of Section 304 of the Telecommunications Act of 1996, Further Notice of Propose Rulemaking And Declaratory Ruling, September 18, 2000

William Safire, Spectrum Squatters, New York Times, October 9, 2000

Voice Over IP

Asterisk, The Open Source PBX


Google Talk

Ben Charny, FAQ: Demystifying VoIP, C|Net, Aug. 11, 2005

Juan Carlos Perez, Google launches VoIP and IM service,, Aug. 24, 2005

Ronna Abramson, Microsoft Acquires VoIP Firm,, Aug. 31, 2005

Anne Broache, eBay to nab Skype for $2.6 billion, C|Net, Sept. 12, 2005

Alorie Gilbert, Microsoft acquires Net-calling start-up, C|Net, Nov. 2, 2005

Marguerite Reardon, VoIP providers band together, C|Net, Nov. 2, 2005

Marguerite Reardon, FCC extends E911 deadline for VoIP users, C|Net, Aug. 26, 2005

Anne Braoche, Senators back Net phone reprieve, C|Net, Nov. 2, 2005

Wiretap Rules Split VoIP, Red Herring, Aug. 26, 2005

Declan McCullagh & Anne Broache, Wiretap rules for VoIP, broadband coming in 2007, C|Net, Sept. 26, 2005

Declan McCullagh, FBI Net-wiretapping rules face challenges>, C|Net, Oct. 24, 2005

Leslie Cauley, VoIP no bargain for cities losing phone-tax revenue, USA Today, June 20, 2005

Antitrust, Competition and the Microsoft Mess

Eben Moglen, Antitrust and American Democracy, The Nation, November 30, 1998

John Markoff, Security Flaw Discovered in E-Mail Programs, New York Times, July 29, 1998

Sara Robinson, Microsoft Discloses Flaws in Office 2000 Software , New York Times, August 20, 1999

Joel Brinkley, 'Unbiased' Ads for Microsoft Came at a Price, New York Times, September 18, 1999

Findings of Fact, United States v. Microsoft, November 5, 1999

Eben Moglen, Microsoft Can Gain by Freeing Software, San Jose Mercury News, December 26, 1999

Conclusions of Law, United States v. Microsoft, April 3, 2000

United States v. Microsoft, No. 00-5212, CADC, June 28, 2001

Eben Moglen, Gates at Appomattox: Why the US Surrendered, The Nation, September 9, 2001

Free Software Foundation, Tunney Act Filing in United States v. Microsoft, January 28, 2002

United States v. Microsoft, No. 98-1232, USDC DC, November 1, 2002

State of New York v. Microsoft, No. 98-1233, USDC DC, November 1, 2002

Microsoft Loses '517 Patent on FAT Filesystem, September 30, 2004

Privacy in Private and Public Law:
The State, The Spook, The Cop, Her Wife, and His Lover

Separating Privacy, Secrecy, and Anonymity


Coming to Terms with Encryption

GNU Privacy Guard: Get it if you don't have it, and please read the GNU Privacy Handbook document.

Hal Abelson, et al., The Risks Of "Key Recovery," "Key Escrow," And "Trusted Third-Party" Encryption, 1998

Eben Moglen, So Much For Savages, Comments on Encryption Policy, NYU Law School, November 19, 1998 (revised).

Ronald L. Rivest, Chaffing and Winnowing: Confidentiality without Encryption, April 24, 1998.

David Chaum, Achieving Electronic Privacy, Scientific American, August 1992

Navajo Wins Narrowly: The Slow Death of Encryption Export Regulation

National Research Council, Cryptography's Role in Securing the Information Society, May 1996

Encryption Export Control Regulations, 15 C.F.R. sect. 742.15, as of January 1, 1999

Anti-virus Software and Info-War, New York Times, January 30, 1997

Head of Cyber-Terrorism Panel Says Encryption Rules May Be Needed, New York Times, November 6, 1997

John Markoff, White House May Tighten Data Exports, New York Times, November 24, 1997

Jeri Clausing, Congress Faces List of Internet Issues, New York Times, January 28, 1998.

Jeri Clausing, New Encryption Legislation Billed as a Compromise, New York Times, May 13, 1998.

Jeri Clausing, Encryption Debate Heats Up in Washington, New York Times, June 9, 1998

Carl S. Kaplan, Is Software Like a Can Opener or a Recipe?, New York Times, July 17, 1998

Bernstein v. Dept of State from EFF archive

Jeri Clausing, Lawmakers Renew Encryption Battle, New York Times, February 26, 1999

Jeri Clausing, Senator Ends Opposition to Encryption Software Exports, New York Times, April 2, 1999

Jeri Clausing, Former Allies May Back Different Encryption Bills , New York Times, April 6, 1999

Peter Wayner, Court Calls Encryption Rules Unconstitutional, New York Times, May 7, 1999

Steven Lee Myers, Justice Dept. Proposes Bill to Fight Computer Encryption, New York Times, August 20, 1999

John Markoff, A Mysterious Component Roils Microsoft , New York Times, September 4, 1999

Peter Wayner, Why a Small Software Label Raised Eyebrows, New York Times, September 4, 1999

Sara Robinson, News Analysis: Internet Code-Cracking Project Shows Need for Stronger Locks, New York Times, September 6, 1999

Jeri Clausing, Administration Plans to Loosen Encryption Restrictions, New York Times, September 14, 1999

Jeri Clausing, White House Eases Export Controls on Encryption , New York Times, September 17, 1999

John Schwartz, U.S. Selects a New Encryption Technique, New York Times, October 3, 2000

But We're All Still Listening...

Jeri Clausing, New Fight Over Encryption Rules, September 21, 1999

Cyberspace Electronic Security Act of 1999, White House Proposal, September 16, 1999 (published by the Center for Democracy and Technology)

Bruno Giussani, Dutch Law Goes Beyond Enabling Wiretapping To Make It a Requirement, New York Times, April 14, 1998. Please look at the English text of the new Dutch Telecommunications Act linked to the article.

Reuters, Tracking of Swiss Mobile Phone Users Starts Row, InfoBeat, December 28, 1997

Stephen Labaton, New Rules Expand Ability of Police to Monitor Talk on Cell Phones, New York Times, August 28, 1999

Niall Mckay, European Parliament Debates Wiretap Proposal, New York Times, May 7, 1999

John Markoff, U.S. Drafting Plan for Computer Monitoring System, New York Times, July 28, 1999

Tim Weiner, Author of Computer Surveillance Plan Tries to Ease Fears, New York Times, August 16, 1999

Declan McCullogh, Cell Phone Crypto Penetrated, Wired News, December 6, 1999


McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999)

Peter Wayner, Traveling the Web Invisibly, Through a One-Way Mirror, New York Times, November 5, 1997

Ian Goldberg and David Wagner, TAZ Servers and the Rewebber Network Enabling Anonymous Publishing on the World Wide Web, First Monday, April 1998

John Schwartz, Corporate Case in Ohio Raises Questions on Internet Anonymity, New York Times, October 17, 2000

Associated Press, Anonymous Net Posting Not Protected, New York Times, October 16, 2000


Jeffrey Rosen, The Eroded Self, New York Times, April 30, 2000

Christine Maxwell and Howard Gutowitz, Data Mining Solutions and the Establishment of a Data Warehouse: Corporate Nirvana for the 21st Century? , First Monday, May 1997

Bill Helling, Web-Site Sensitivity to Privacy Concerns, First Monday, February 1998

Amitai Etzioni, Some Privacy, Please, for E-Mail, New York Times, November 23, 1997

It Isn't Just Big Brother Who Is Watching, CyberTimes, January 12, 1998

Sailor's Case Becomes Privacy and Rights Cause, CyberTimes, January 14, 1998

Sailor Who Has Become a Symbol Wins Delay, CyberTimes, January 16, 1998

Philip Shenon, Navy and America Online Settle Case on Gay Privacy, New York Times, June 12, 1998

Jeri Clausing, Administration Seeks Input on Privacy Policy, New York Times, November 6, 1998

Pamela Mendels, New Serious Side to Child's Play on Web, New York Times, November 26, 1998

Jeri Clausing, Intel Alters Plan Said to Undermine PC Users' Privacy , New York Times, January 26, 1999

Peter Wayner, NEWS ANALYSIS: Debate on Intel Chip Misses Piracy Issue, New York Times, January 30, 1999

Sarah Lyall, A Country Unveils Its Gene Pool and Debate Flares , New York Times, February 16, 1999

John Markoff, A Growing Compatibility Issue in the Digital Age: Computers and Their Users' Privacy, New York Times, March 3, 1999

John Markoff, Microsoft to Alter Software in Response to Privacy Concerns, New York Times, March 7, 1999

Jeri Clausing, Business Group Unveils Plan for Online Privacy, New York Times, March 18, 1999

Matt Richtel, AOL Records Sought on Virus, New York Times, April 2, 1999

Jeri Clausing, Lawmaker Plans Bill to Protect Consumer Privacy Online, New York Times, April 8, 1999

Jeri Clausing, Hearing on Viruses Becomes Debate on Privacy, New York Times, April 16, 1999

Jeri Clausing, New Bill Keeps Online Privacy at Center Stage, New York Times, April 17, 1999

Robert Pear, Future Bleak for Bill to Keep Health Records Confidential, New York Times, June 21, 1999

Joel Brinkley, FTC Says GeoCities Violated Privacy Rules, New York Times, August 14, 1998

Saul Hansell, Big Web Sites to Track Steps of Their Users, New York Times, August 16, 1998

Evelyn Nieves, Privacy Issues Raised in Syphilis Cases Linked to San Francisco Chat Room, New York Times, August 25, 1999

David F. Gallagher, Amazon Tries to Ease Privacy Worries, New York Times, August 30, 1999

Denise Caruso, Digital Commerce: Consumers' Desire for Information Privacy Ignored, New York Times, August 30, 1999

Jeri Clausing, Capital Dispatch: Government Has More Questions for Internet Board, New York Times, November 2, 1999

Sara Robinson, RealNetworks to Stop Collecting User Data, New York Times, November 2, 1999

Sara Robinson, CD Software Is Said to Monitor Users' Listening Habits, New York Times, November 1, 1999

Jeri Clausing, Revised Banking Legislation Raises Concerns About Privacy, New York Times, October 25, 1999

Jeri Clausing, U.S. and Europe Reach Tentative Pact on Personal Data, New York Times, February 24, 2000

Reno v. Condon, No. 98-1464, US Supreme Court, January 12, 2000

Bob Tedeschi, E-Commerce Report: Critics Press Legal Assault on Tracking of Web Users, New York Times, February 6, 2000

Stephen Labaton, U.S. Is Said to Seek New Law to Bolster Internet Privacy, New York Times, May 19, 2000

Wired News, Privacy Group Drops Amazon, September 14, 2000

Associated Press, Personal Web Data Theft Flourishing, New York Times, September 13, 2000

John Borland, Freenet Re-energizes File-sharing, ZDNet, October 28, 2002.

Julia Scheeres, Librarians Split on Sharing Info, Wired, January 16, 2003

Caroline Mayer, FTC Says Identity Theft Is Rampant, Washington Post, September 4, 2003.

John Leyden, Smart Phone Predicts Owner's Behavior, The Register, November, 25 2004

Constance L. Hays, What Wal-Mart Knows About Customers' Habits, New York Times, November 14, 2004

Eyes Wide Shut:
Taboo Enforcement and the First Amendment

Trying to be Decent

Reno v. ACLU, No. 96-511, decided June 26, 1997

Visit the Communications Decency Act Archives of the New York Times

Concerning Loving v. University of Oklahoma

Michael Baroni, Mother Fights Celebrity Nudes Online , New York Times, September 27, 1997

Jeri Clausing, FCC Suggests V-Chips for PCs , New York Times, October 30, 1997

Marlise Simons, Dutch Say a Sex Ring Used Infants on Internet, New York Times, July 19, 1998

The problem of the offensive address

Please read the opinion of the Sixth Circuit in Thomas v. United States, courtesy of the ACLU.

Pamela Mendels, Hearings End in Online Pornography Case, New York Times, January 28, 1999

Maine Court Upholds Child Porn Law , New York Times, January 30, 1999

Jamie Murphy, Australia Passes Law on Limiting Internet , New York Times, June 30, 1999

Stephen Labaton, Net Sites Co-Opted by Pornographers, New York Times, September 23, 1999

Blocked Circulation

Mark Nadel, The First Amendment's Limitations on the Use of Internet Filtering in Public and School Libraries: What Content Can Librarians Exclude?, 78 Tex. L. Rev. 1117 (2000)

Jeannette Allis Bastian, Filtering the Internet in American Public Libraries: Sliding Down the Slippery Slope, First Monday, October 1997

Library Case Will Launch Simple but Powerful Argument, New York Times, January 15, 1998.

Jeri Clausing, In Rejecting Dismissal of Filtering Case, Judge Sets High Standard for Libraries, New York Times, April 9, 1998

Rebecca Fairley Raney, Bill Would Put Net Filters in California Libraries, New York Times, April 10, 1998

Pamela Mendels, Family Sues Library for Not Restricting Children's Internet Access, New York Times, June 14, 1998

Pamela Mendels, Librarian Seeks Evidence of Complaints About Internet Misuse, New York Times, April 20, 1999

Pamela Mendels, Michigan Law Leaves Library's Internet Filters Open to Debate, New York Times, August 6, 1999

Hate Speech

Elizabeth G. Olson, Nations Struggle With How to Control Hate on the Web, New York Times, November 24, 1997

Rebecca Fairley Raney, E-Mail Hate-Speech Case Ends in Deadlock, New York Times, November 25, 1997

Canada Tries to Bar Pro-Nazi View on Internet, New York Times, August 2, 1998

Abortion Foe Sues Internet Provider, New York Times, June 12, 1999

Amy Harmon, Internet Sale of Nazi Books in Germany Is Assailed, New York Times, August 9, 1999


Jeri Clausing, Online Gambling Industry Seeks Regulation to Save Itself, New York Times, December 23, 1997

Lisa Napoli, Online Casino Unfazed by Proposed U.S. Ban, New York Times, June 1, 1998

Carl S. Kaplan, A Big Day for Football, a Big Day for Internet Gambling, New York Times, January 29, 1999

Carl S. Kaplan, Judge in Gambling Case Takes On Sticky Issue of Jurisdiction, New York Times, August 12, 1999

Bending Our Minds

Michelle Quinn and Matt Marshall, Ex-Infoseek exec says chat room was just fantasy, San Jose Mercury News, November 30, 1999

The Jake Baker Case Archives

Please read also: US v. Baker, 1997 U.S. App. LEXIS 1353; 1997 FED App. 0036P (6th Cir. Jan. 31, 1997); United States v. Baker, 890 F. Supp. 1375, 1381 (E.D. Mich. 1995).

Making Broadcasters Unconstitutional:
Rethinking Media Law

Geller, Turner Broadcasting, the First Amendment, and the New Electronic Delivery Systems, 1 MICH.TEL.TECH.L.REV. 1 (1995)

Mitch Kapor, Where is the Digital Highway Really Heading? The Case for a Jeffersonian Information Policy, pts 1&2, Wired, 1.3 (1994)

Apple's Petition For Rulemaking RM-8653, "NII BAND": In the Matter of Allocation of Spectrum in the 5 GHz Band To Establish a Wireless Component of the National Information Infrastructure; RM-8653, Comments of the Center for Democracy and Technology; RM-8648; RM-8653 Comments of AT&T; Notice of Proposed Rulemaking: In the Matter of Amendment of the Commission's Rules to Provide for Unlicensed NII/SUPERNet Operations in the 5 GHz Frequency Range, ET Docket No. 96-102, (adopted April 25, 1996; released May 6, 1996)

Charles Platt, The Great HDTV Swindle, Wired, February 1997

Turner Broadcasting v. FCC, US Sup Ct, March 31, 1997.

Bruno Giussani, A New Media Tells Different Stories, First Monday, April 1997

Companies Plan to Send Web Data Along With Television Signals, New York Times, January 11, 1998

Wiebke Loosen, The Second-Level Digital Divide of the Web and Its Impact on Journalism, First Monday, August 2002.

Electronic Democracy:
Restructuring Politics


Leslie Wayne, Regulators Confront Web Role in Politics, New York Times, April 21, 2000

Don Lewicki and Tim Ziaukas, The Digital Tea Leaves of Election 2000: The Internet and the Future of Presidential Politics, First Monday, December 2000

Christopher D. Hunter, Political Privacy and Online Politics: How E-Campaigning Threatens Voter Privacy, First Monday, February 2002

Declan McCullagh, Liberal Net rules spawn political attack ads, C|Net, May 6, 2004

Declan McCullagh, Elections officials fight for Net political ads, C|Net, October 14, 2004

Declan McCullagh, Interviewing FEC's Bradley Smith, The coming crackdown on blogging, C|Net, March 3, 2005

Ellen Weintraub, FEC Commissioner, Response to Smith Interview, Bloggers, chill out already!, C|Net, March 7, 2005

Richard Hasen, Should the FEC Regulate Political Blogging?, Personal Democracy Forum, March 7, 2005

Brian Faler, Groups Weigh In on Web Politicking, Washington Post, June 5, 2005

Anne Broache, Politicos want to shield Net from election laws, C|Net, September 22, 2005

John Borland, Want to vote? Text me now, C|Net, October 19, 2005


Rebecca Fairley Raney, Voting by the Internet: The Mouse Still Hasn't Roared, New York Times, January 30, 2000

Eben Moglen & Pamela S. Karlan, The Soul of a New Political Machine: The Online, the Color Line and Electronic Democracy, 34 Loyola of Los Angeles L. Rev. 1089 (2001).

Caltech-MIT Voting Technology Project, Voting -- What Is, What Could Be, July 2001

Kim Zetter, E-Voting Undermined by Sloppiness , Wired News, December 17, 2003

Kim Zetter, Open-Source E-Voting Heads West , Wired News, January 21, 2004

Kim Zetter, Risky E-Vote System to Expand , Wired News, January 26, 2004

David McGlinchey, Pentagon scraps plan for online voting in 2004 elections,, February 5, 2004

Michigan Dems Vote Online , Wired News, February 6, 2004

Adam Berinsky, The Perverse Consequences of Electoral Reform in the United States, American Politics Research, Volume 31, Number X, 1-21, April 2004

Electronic Frontier Foundation, Accessibility and Auditability in Electronic Voting, May 17, 2004

Caltech/MIT Voting Technology Project, VTP Recommendations to the Election Assistance Commission on Immediate Steps to Avoid Lost Votes in the November 2004 Election, July 2004

Current Verified Voting Litigation,, October 2004

Switzerland Tries Internet Voting, CBS News, September 25, 2004

Jari Tanner, 'E-Stonia' online vote called a success,, October 17, 2005

Electronic Frontier Foundation E-Voting Page


Jennifer Lee, Guerrilla Warfare, Waged With Code, New York Times, October 10, 2002

Patrick Di Justo, Does the End Justify the Means?, Wired News, March 18, 2003

Noah Schachtman, An Inside Look at China Filters, Wired News, December 4, 2004

Jim Kerstetter, Group says Yahoo helped jail Chinese journalist, C|Net, September 6, 2005

Alorie Gilbert, Handbook offers tips for cyberdissidents, C|Net, September 22, 2005

Social funds warn Web firms on human rights, C|Net, November 8, 2005

Declan McCullagh, U.S. protests Net summit crackdown, C|Net, November 18, 2005

Martin LaMonica, Massachusetts to adopt 'open' desktop, C|Net, September 1, 2005

Martin LaMonica, Mass. bill endangers OpenDocument decision, C|Net, November 3, 2005

Martin LaMonica, Microsoft to standardize Office formats, C|Net, November 21, 2005

Federal Government Discriminates against Mac Users, Age of Reason - Macs, March 19, 2005

Federal Grant Applications to Require Windows, Slashdot, April 19, 2005

Update: Mac Discrimination, Age of Reason - Macs, April 19, 2005

Rob Fay, More Mac Incompatibility with, Partial Recall, November 18, 2005

Stay tuned.....

Past Assignments