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Eric Goldman's Best and Worst Internet Laws
gregh  2007-02-16 00:20         

Professor Eric Goldman's parting post at Concurring Opinions is his list of the best and worst Internet laws (so far.) Among the highlights of Goldman's best and worst:

  • On the best list, intermediary protection that came under the CDA
  • And from the worst: Unlawful Internet Gambling Enforcement Act of 2006 ("Thus, just like Kafka might write it, Congress deputizes private actors to block illegal activity without deciding for itself what constitutes illegal activity. The consequence is that banks and other money sources are going to curtail lots of legitimate activity to be on the safe side.");
  • DMCA Anti-Circumvention provisions ("The law was designed to bolster content protection technology: the purported justification was that content owners wouldn't feel comfortable putting content online without content protection measures, and this law restricts the ability to bypass those measures. As it turns out, the hottest area of anti-circumvention litigation has nothing to do with such content protection schemes but instead involves companies using the DMCA as an anti-competition law.");
  • Electronic Communications Privacy Act, which I've recently been becoming more familiar with ("Unfortunately, this is not a well-drafted law; in my opinion, this law as one of the most poorly drafted statutes ever. The result is a tangled convoluted hairball that no one (even privacy experts) can understand or apply.");
  • Dotkids Implementation and Efficiency Act, which I didn't even know existed ("In the name of providing a safe online haven for kids, Congress co-opted the .kids.us domain and decreed that only kid-safe content could reside there."); and
  • Communications Decency Act. Notable for me because I was at Carnegie Mellon when the whole "Rimm Report" dust-up occurred. I met regularly with the dean of student affairs because of my then-former involvement in student government; was the public affairs director of the campus radio station, which put me in charge of the talk shows and stuff; and I was friends with Declan McCullagh, who put his name on the map with this issue. Anyway... ("The CDA tried to keep kids away from Internet porn, a reaction to a sensational 1995 article (the "Rimm Report") published in the Georgetown Law Journal that proclaimed that the Internet was awash in porn. But later examinations thoroughly discredited the "Rimm Report" meaning that Congress' efforts/overreactions were based on bad social science.")

The list doesn't say much for legislative action in this realm.

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