Draft: 08/13/00


Week 1

Tues., Sept. 5: The Story of ICANN

In the beginning, there was a man named Jon Postel... [blurb].


Required Readings:

The Tao of IETF -- A Guide for New Attendees of the Internet Engineering Task Force (Humble Beginnings)

Diane Cabell, Learning Law in Cyberspace: Name Conflicts

Original Letter from Ralph Nader and James Love to Esther Dyson, June 11, 1999

Response Letter from Esther Dyson, June 15, 1999

ICANN Status Report to the Department of Commerce, June 15, 1999

National Journal, "ICANN't Believe What They're Doing," June 17, 1999

Business Week Online, "What's in a Name?," September 6, 1999

The Industry Standard, "ICANN: Slow as the Nile," March 13, 2000, "ICANN Signs up 158,000 At-Large Members," July 31, 2000



ICANN At-Large Members Site

Associated Press, "Supreme Court Turns Away Cybersquatting Appeal," June 26, 2000

Wired News, "WIPO Launches 'Squat Fight'," July 10, 2000 or CNET, "UN Widens Effort to Prevent Cybersquatting," July 10, 2000

New York Times, "Domain Disputes," July 28, 2000 



[Rotisserie: Case and/or NotHarvard Case]


Week 2

Mon., Sept. 11: Framework: Control and Copyright


Required Readings:

John Perry Barlow, "The Economy of Ideas," March, 1994

Larry Lessig, Code and Other Laws of Cyberspace, pp. 3 - 42.  Please either buy the book or read it on reserve at the HLS library.  Buy it here if you wish. 

New York Times, "Movie Studios Seek to Stop DVD Copies," July 18, 2000, "Would You Pay $1 For this Article?," July 27, 2000

Pam Samuelson, Copyright, Digital Data and Fair Use in Digital Networked Environments



U.S. Code, Title 17 - Copyrights (see especially Chapter 1, §107)

Senate Judiciary Committee, Testimony on Digital Music, July 11, 2000



Tues., Sept. 12: Napster


Required Reading:

CNET, "Judge Issues Injunction Against Napster," July 26, 2000

Wired News, "Napster Gets Stay of Execution," July 28, 2000

Metallica: Behind the Scenes

Messages to the Napster Community: July 27, 2000 and July 28, 2000



Transcript from Napster Hearing, July 26, 2000.  (You will need to click on the corresponding link and use Adobe reader to access the transcript.  Note particularly Judge Patel's commentary in the latter part of the document.) 


Go to:



Week 3

Mon., Sept. 18: Digital Music and TV

[How does the Digital Music component of this session differ from that of the Napster session, and the copyright overview session? Is is broader in scope, covering MP3, etc.?]

The Berkman Center Briefing Book (required, but don't worry about reading every word of every piece)

Michael Lewis, "Boom Box," New York Times Magazine, August 13, 2000

John Borland, “Hollywood Cracks Down on Web VCR Site”:  Article on RecordTV controversy.  Here is a copy of the complaint

John Borland, “ Exec Discusses His Start-up’s Short Life.”

“Movie Studios, Networks Sue iCraveTV”



Consider also:

Red Lion Broad. Co. v. FCC., 395 U.S. 367 (1969).



Tues., Sept. 19: Appropriation, Contract, Trade Secrets

The Washington Post Co., et al. v. TotalNews, Inc., 97 Civ. 1190 (S.D.N.Y., filed Feb. 2, 1997):  Case settled June 5, 1997.  No opinion was issued.  You can see the Complaint or the text of the Settlement.

Shetland Times Ltd. v. Dr. Jonathan Willis and Zetnews, Ltd., Scotland Court of Sessions (Oct. 24, 1996): Case settled Nov. 1997; no opinion issued. Text of Settlement

Ticketmaster Corp. v. Microsoft Corp. [CV 97-3055RAP] (C.D. Cal., filed April 28, 1997): Case settled; no opinion issued. Text of Complaint.

Ticketmaster Corp. v., Inc., No. CV99-7654 HLH (BQRx) (C.D. Cal. March 27, 2000).  Federal district court’s rulings on motion to dismiss.  For a discussion of the case, go to this article

eBay, Inc. v. Bidder’s Edge, Inc., (N.D. Cal. May 25, 2000):  Federal district court’s grant of preliminary injunction against BiddersEdge.

New York Times, "Is Linking Legal?"

For a demonstration of how framing works, go to: First press the NPR link (NPR didn't file suit and agreed to let TotalNews continue framing their material). Then press the CNN Interactive link (CNN was a party to the suit). Note the difference.



Bernstein v. J.C. Penney, Inc., No. 98-2958-R (CD CA, dismissal Sept. 22, 1998).  Case dismissed.  For a discussion of the case see this article.

Church of Scientology v. Dataweb et al, Cause No. 96/1048 (Dist. Ct. of the Hague, Holland, June 9, 1999).  View an article about the case, or the opinion (translated into English).

Intellectual Reserve v. Utah Lighthouse Ministry.  Hale and Dorr’s discussion of the case.

Business Week, "Did 'Deep-Linking' Really Get a Green Light?"

Web Links Can Be Considered Illegal, Osaka Court Judgment Says



Challenges to Meta-Searching and Deep Linking (discussion of eBay controversy)

Computer & Online Industry Litigation Reporter, Microsoft's Link to Ticketmaster Site Spurs Trademark Lawsuit. Article discussing the case brought by Ticketmaster against Microsoft seeking to prohibit the linking to Ticketmaster's site through Microsoft's Seattle Sidewalk web site.

The Computer Lawyer, Futuredontics, Inc. v. Applied Anagramics, Inc. Article discussing the denial of a preliminary injunction against AAI for linking to and framing the Futuredontics Web site.

Deep Linking and Framing

John Dvorak articles about deep linking and the Total News case

Martin J.Elgison and James M. Jordan III, "Trademark Cases Arise from Meta-Tags, Frames. Disputes Involve Search-Engine Indexes,Web Sites Within Web Sites, As Well As Hyperlinking.": In-depth article which focuses on "the delicate balance between protecting the rights of people and businesses and preserving the spirit of open communication that is the hallmark of the Web." Areas examined include spamming, linking, framing, and consumer privacy.

Matt Jackson, "Linking Copyright to Homepages.": Law review article discussing in detail copyright issues and linking as well as related doctrinal considerations. Provides background on constitutional basis and economic rationale for copyright law. Primer included on how the Internet works. 

Mark Sableman, Link Law: The Emerging Law of Internet Hyperlinks. The most recent and thorough examination of legal implications of hyperlink use on the Internet. A long but comprehensive look at the many legal arguments that can be made for and against users of hyperlinks.


Week 4

Mon., Sept. 25: Free Software vs. Proprietary Code

Lessig, Code, Chapter 8, "The Limits in Open Code," pp.  100 - 110

Scott Bradner, "The IETF" (A chapter from Open Sources: Voices from the Open Source Revolution; you do not have to read the whole book (unless you want to)).

The GPL Manifesto

Richard Stallman, The GNU Operating System and the Free Software Movement, "Code on Trial"

Tim O'Reilly, Hardware Software and Infoware

Lawrence Lessig, Reclaiming the Commons.

New York Times, "DVD Case Will Test Reach of Digital Copyright Law," July 14, 2000

OpenLaw: Open DVD: New York DeCSS Case Concludes


Go to:

W3C Consortium


Tues., Sept. 26: Trusted Systems

Mark Stefik, "Shifting the Possible: How Trusted Systems and Digital Property Rights Challenge us to Rethink Digital Publishing" (and recall John Perry Barlow's "Economy of Ideas").

Jonathan Zittrain, "What the Publisher Can Teach the Patient: Intellectual Property and Privacy in an Era of Trusted Privication", "Watermarks in Music"

What is a Digital Signature?

CNET, "Beware: E-signatures Can Easily Be Forged," July 14, 2000

Reuters, "Clinton Relaxes Crypto Export Rules," July 17, 2000


Week 5

Mon., Oct. 2: Moot Court: Eldred v. Reno



Tues., Oct. 3: How Encryption Works

Required Readings:

A. Michael Froomkin,  The Metaphor is the Key: Cryptography, The Clipper Chip, and The Constitution, including a Technical Appendix.

Jean Camp, Trust and Risk in Internet Commerce. Chapter 3



Lessig, Code, pp. 35 - 40 (you read it already for the second class session, September 11) .


Week 6

Mon., Oct. 9: Encryption and Government Surveillance

Required Readings:

EPIC, Critical Infrastructure Protection and the Endangerment of Civil Liberties.  

Reuters, "British E-mail Snooping Bill Passes into Law"

[Carnivore Materials]



Executive Summary from Critical Foundations: Protecting America's Infrastructures. The Report of the President's Commission on Critical Infrastructure Protection (Note:  It is very difficult to download only the Executive Summary so you have to download the entire thing as one pdf.  The content most necessary for our discussion can be found in a subset of the pages. (pp 13-17; 37-40; 109-115; 120-128) for those not wishing to read the whole thing.)


Tues., Oct. 10: Defamation and Libel

Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997).

The Communications Decency Act of 1996 of the Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 56 (1996)

United States Constitution, First Amendment

Intel v. Hamidi - Tentative Ruling on Motion for Summary Judgment, April 28, 1999


Week 7

Mon., Oct. 16: Cybersmear

[Guest: Paul Levy, others?]

United States v. Jake Baker and Arthur Gonda, 890 F. Supp. 1375 (E.D. Mich.1995)



Tues., Oct. 17: Corporate Surveillance

Two kinds of corporate surveillance: you as customer or you as employee.

[Guest: Simson Garfinkel?]

Lessig, Code, Chapter 11, "Privacy," pp. 142 - 63.  

Solveig Singleton, Privacy as Censorship: A Skeptical View of Proposals to Regulate Privacy in the Private Sector, Cato Policy Analysis No. 295, January 22, 1998.

FTC, Privacy Online: A Report to Congress, June 1998, parts I &V (skim).

Associated Press, "Lawmakers Want Employers to Tell Workers if They are Monitored," July 20, 2000 

Industry Standard, "Toysmart Settles with FTC," July 21, 2000

CNET, "Thirty-nine States Object to Sale of Toysmart's Customer List," July 21, 2000

CNET, "Net Marketing Firm Receiving Personal Information," July 31, 2000



P3P and Privacy on the Web FAQ

Interactive Week Online, "Can Net Privacy Coexist with E-Commerce?", December 17, 1997

Joel R. Reidenberg, Lex Infomatica, 76 Tex. L. Rev. 553 (1997).



Week 8

Mon., Oct. 23: Weblining

Business Week, "Weblining"

CRM Forum paper, “How To Manage Bad Customers or…Profits are from heaven, customers are from hell!”

Business Week, “Special Report:  Privacy on the Net”

NYTimes, “Privacy in the Digital Age”:  Multiple links to articles (including articles on Carnivore). 

Smart Business, “Get Inside Your Customers’ Heads”

Go to:



Tues., Oct. 24: PICS and CDA

Required Readings:

Lawrence Lessig, Code and Other Laws of Cyberspace, Chapter 12: "Free Speech," (pp. 164-85).  Be sure to read carefully the passages on PICS (pp. 177-8).  Also, you might read the chapter entitled "Privacy", pp. 142-63, which discusses the closely-related notion of P3P technologies.

Memorandum Opinion, Mainstream Loudoun v. Loudoun County Library, U.S. District Court, Eastern District of Virginia, Case No. 97-2049-A. (November 23, 1998)

Mainstream Loudoun v. Loudoun County Library, (Tech Law Journal Summary)

Jonathan Zittrain, The Rise and Fall of Sysopdom, 10 Harv. J. L. Tech. 495 (1997)

Lawrence Lessig, Tyranny of the Infrastructure, Wired 5.07 (July 1997)

Board of Education v. Pico

ACLU Report, "Fahrenheit 451.2: Is Cyberspace Burning?"

Reno v. ACLU


Go to:

Electronic Frontier Foundation

Platform for Internet Content Selection (PICS)



Week 9

Mon., Oct. 30Fly-out week (no class)


Tues., Oct. 31Fly-out week (no class)



Week 10

Mon., Nov. 6E-commerce and Venture Capital

How many times have you heard someone say "the Internet is the wave of the future"?  Or, "The Internet has transformed the global economy"?  Or, "The Internet is changing the way we do business forever"?  It's become almost a cliché to adopt an Internet strategy for a business or to found a start-up Internet company.  But what's really going on in the E-commerce Revolution?  What, if anything, has changed about how we do business?  How much of the "dot com" phenomenon is hype and how much is reality?  Are the astronomical valuations -- in markets around the world -- of recently-formed Internet companies even remotely justified?  What are venture capitalists really looking for (or, what are venture capitalists, for that matter)?  What will the next wave of e-businesses look like?  This session will delve into the changing landscape of e-commerce by examining business models and conventional e-wisdom past, present and future.  We will also examine novel problems -- legal and otherwise -- caused by the e-commerce revolution.


Conventional Wisdom, circa 1995-1996:, "Road Map for the Internet", "Tim Koogle Defends Yahoo's Outrageous Valuation"

Conventional Wisdom, circa 1997-1998:, "Give or Take $100 Billion", "Diary of a Start-up"


Conventional Wisdom, circa 1999-2000:

CNET, "Taking Stock of 1999"

Fortune, "The B2B Tool that Really Is Changing the World" or CNET, "Report: Net Exchanges to drive Trillions by 2005," June 26, 2000

Trouble in Paradise?

MIT Technology Review, "Software Patents Tangle the Web"

Forbes, "When Start-ups Become Blow-ups"

CNET, "US to Mull Influence of Growing B2B Sector"

Knowledge@Wharton / CNET, "High Traffic Streams Need Not Lead to More Business," July 24, 2000

SF Gate, "Wrath of the Dot-Com," July 27, 2000

The Big Three strike back

Car dealers and the Net

On dis-intermediation disillusionment

Ford Motor’s Net strategy (article)

Ford’s Net strategy (tabular summary)

Bricks or

Harvard Business School case study:  Barnes & Noble vs. (hard copy only)




Tues., Nov. 7: Filtering: RBL and Marsh

Required Readings:

Marsh v. Alabama, 326 U.S. 501 (1946).

Paul Vixie, MAPS RBL Rationale

Paul Vixie, MAPS RBL Usage

Getting Into the MAPS RBL

Getting Off the MAPS RBL


Go to:



The Industry Standard, "Spam Watchdog Floats New Service Ideas"

Larry Lessig in The Industry Standard, "The Spam Wars"

CNET, "NSI Threatens to Sue Black Hole List Operator"

New York Times, "In Spam Case, Another Defeat for State Laws"

ZDNET, "Spam Hits the House of Representatives"

CNET, "Opposed Groups Agree on Anti-Spam Strategy"

USA Today, "AOL, Others, Sued for Spam Blacklist"

CNET, "House Approves Anti-Spam Legislation"

CNET, "Study Finds Filter only Catches Fraction of Spam," June 15, 2000


[Rotisserie: Case]


Week 11

Mon., Nov. 13: The Microsoft Case

Required Readings:

Jonathan Zittrain, "The Un-Microsoft Un-Remedy: Law Can Prevent the Problem That it Can't Patch Later," 31 Connecticut L. Rev. 1361 (1999).  This link will lead you to the .pdf file of this paper, which you'll need to view using Adobe Acrobat.

New York Times, "Closing Arguments Underscore Gap Between Microsoft and U.S."  This link will lead you to the New York Times on-line; you may need to sign in for free with the New York Times to access this article.  If you do not wish to do so, please look it up on Lexis-Nexis or in hardcopy in the library.

Red Herring, "The Case Against the Microsoft Suit"

Required Readings (handed out in hard copy):

-Paul David, Clio and the Economics of QWERTY, 75 American Economic Review, 332 (1985).

-Stan Liebowitz & Stephen E. Margolis, Should Technology Choice Be a Concern of Antitrust Policy?, 9 Harv. J. L. & Tech. 283, selections (1996).

Optional Readings:

The Microsoft Case Homepage

Judge Thomas Penfield Jackson's Findings of Fact, November 5, 1999

Jonathan Zittrain,, "The Right Microsoft Remedy -- and Beyond"

Chicago Tribune, "U.S. v. Microsoft: The Expert Opinion"

Red Herring, "It Reads Like a Novel" 

CNet, "'Plausible Benefit' is key phrase in Microsoft trial"

Red Herring article, "Pondering Microsoft's Breakup Valuation"

Slate Discussion, Jonathan Zittrain & George Priest, "Microsoft: Did Judge Jackson Get it Right?"



Tues., Nov. 14: Agency and Transparency



Week 12

Mon., Nov. 20Education

Article on Cardean University

“Webucation,” Forbes Signs Course Deal With Four More Universities, WSJ Interactive

Distance learning:  Diversity drives market’s development, Financial Times

The Virtual University, TNR

Article on ArsDigita University website

Is ZapMe collecting data on school kids?



Tues., Nov. 21: TBD

N.B.: Papers due


Week 13

Mon., Nov. 27: TBD



Tues., Nov. 28: TBD


Week 14

Mon., Dec. 4: TBD



Mon., Dec. 5: Wrap-up (Last class)