New York Times Online (November 8, 2004)

1. Who should decide how the Internet is to be governed?
2. What process would seem fair to you for governing the Internet?
3. How should disputes between governance policies be resolved?
   1. What role should Law play vs. Ethics vs. Markets vs. Social Norms?
4. What mechanisms should be used to enforce governance decisions?
5. How should different cultural values be respected online?

Full opinion at http://www.ciec.org/SC_appeal/opinion.shtml

Harvard Law Rev. 113 (1999)

1. Were ACLU v. Reno and Ashcroft v. ACLU consistent in their approach to Internet governance?
2. Under these decisions what, if anything, can Congress do to limit what children can view on the Internet?
3. How does one define the standards of a community in cyberspace?
4. What mechanisms should we use, if any, to enforce those standard? (Consider both legal and technological means).

Fordham Law and Economics Research Paper No.11 (April 2001)

1. Do you agree with Reidenberg that the French Yahoo! decision was good for Internet democracy? Why or why not?
   1. Does his solution scale? What does this look like if it does?
   2. How would this affect other aspects of the Internet, e.g. email, file transfers (e.g. Peer to Peer or FTP), Internet telephone calls (e.g. VoIP)?
2. What duty should online service providers like Yahoo have to enforce these rules?
3. Why do you think Yahoo chose to pull the material rather than use filters?
4. Do you agree that Yahoo should be subject to French jurisdiction over content hosted on U.S. based servers?
5. Should sales of Nazi memorabilia be treated differently than sales of used underwear, pet hamsters, or NFL gambling ads?
   a. What about web pages claiming the Holocaust was a hoax vs. other web pages with false information?
6. Do we lose anything if we allow a "segregated" Internet?

52 Stanford L. Rev. 1461 (2000)

Full opinion at caselaw.lp.findlaw.com

52 Stanford L. Rev. 52 (2000)

Stan. L. Rev. 50 (1998)

1. What is privacy?
   1. How do we define it?
   2. Is it different in the physical world vs. the online world?
   3. In email vs. while web surfing?
   4. How do we enforce privacy protections in the physical world?
2. Do these cases come out the right way to protect privacy?
   1. Are there downsides to the approaches these courts took?
3. What future challenges to privacy should we be prepared for?

1. Strong encryption has been available to protect online privacy for almost a decade now.
   a. Why don't more people use it?
2. Will P3P work? Will anything?
3. Is Schneier right?
4. How do these technologies affect enforcement of cases like Yahoo! France or ACLU v. Ashcroft?
5. Are there any downsides to protecting privacy on the Internet?
   1. Do they displace any of the benefits?

Full decision at supct.law.cornell.edu

1. Is one's duty re: stolen property found on the street the same as one's duty re: stolen information found on the web?
2. Can a trade secret ever be protected if it is posted to the Internet?
3. The Bunner case was dismissed before reaching trial after the preliminary injunction was denied.
   1. What do you think would have happened at trial?
   2. What evidence do you think DVD-CCA could have put forth to support its trade secret claim, if any?
4. How do these rules comport with the privacy rules we attempt to enforce?

Full decision at http://www.spamlaws.com

2 Vand. J. Ent. L. & Prac. (2000)

striking down state law forbidding anonymous or pseudonymous communications

1. What are the negative impacts on society of spam, if any?
2. Compare the court's approach in CompuServe with the CAN-SPAM Act. What are the pros and cons of each?
3. How do you square the rule in Watchtower Bible with CAN-SPAM? Does CAN-SPAM survive under a Watchtower challenge?
4. What is the difference between spam and physical junk mail?
   a. Between spam and roadside billboards?
   b. Between spam and ads on buses?

1. Can technological solutions solve the spam problem?
2. What harm, if any, could they cause to innocent parties?
3. Even if they do harm innocent parties, should we still use these technological solutions?

WIRED 4.01 (1996)

WIRED 2.03 (1994)

Vand. J. Transn'l L. 31 (1998)

• Hey Ya Charlie Brown!
  http://www.jengajam.com/r/Hey-Ya-Charlie-Brown/
• Powerful Pictures
  http://www.law.duke.edu/cspd/contest/finalists/entries/powerfulpictures.mp4
• Red v. Blue
  http://www.bungie.net/Games/Halo/
  http://www.redvsblue.com
  http://files.redvsblue.com/3xTG/RvB_TG_LoRes.mov
• "This Land" by JibJab
  http://www.jibjab.com/xmas/play.asp?contentid=162&groupid=2
• The Grey Album
  http://www.greytuesday.org/
  http://www.illegal-art.org/audio/grey.html
• Marvel v. NC Soft
  • http://www.cityofheros.com
  • ftp://ftp.cityofheroes.com/movies/coh_cinematic_320.mov
  • ftp://ftp.cityofheroes.com/movies/origins.mov
  • ftp://ftp.cityofheroes.com/movies/LibertyLeague_400.mov
  • http://www.eff.org/IP/20041115_Marvel_NCSoft.pdf

1. Barlow wrote his essay for Wired in 1994.
   1. What has changed since he wrote this essay?
   2. How was he right?
   3. How was he wrong?
2. Do we need new rules for copyright because of digital media?
   1. How will we know if we do or don't?
   2. Is there any empirical evidence we should examine?
3. Should any of the digital remix examples be illegal without permission?
   1. If so, why?
4. Should any of the original artists be compensated for the material used in the remixes?
   1. If so, how?
5. hat rights, if any, should Marvel have to stop COH players from creating their favorite superhero in the game?
   a. How is this different than making a Halloween costume of your favorite hero?

1. What responsible, if any, should intermediates have for copyright infringement online?
2. What is the most efficient way to enforce copyrights online?
   1. What are the pros?
   2. What are the cons?
3. Who is more persuasive, Lichtman and Posner, the Ninth Circuit in Grokster, or the Visa court?

http://www.casp.net/barrett2.html and http://www.casp.net/barrett3.html

Harv. J. L.& Tech. 14 (2001)

Minn. L. Rev. 82 (1998)

1. Should defamation be treated differently with respect to intermediaries than intellectual property violations? Why or why not?
2. Do you agree with the approach in Zeran or Barrett more?
3. If you were an online publisher, how would you design your system to handle content?
   1. From staff writers
   2. From freelance writers
   3. Comments from the public

Wired (Nov. 2004)

1. Do content or technology companies have the right to control content that consumers purchase and use in the privacy of their own homes?
2. Is DRM a good business model for content companies?
   1. For technology companies?
3. Can DRM be pro-consumer?
   1. If so, what would such a system look like?
   2. Can DRM be programmed to respect concepts like fair use or the idea-expression dichotomy?
4. Do consumers have any inalienable rights re: Content and DRM?

Berkeley Tech. L.J. 14 (1999)

N.Y.U. Law Review 74 (1999)

European Intellectual Property Review (June 2000)

1. Have the anti-circumvention rules of the DMCA changed the copyright balance?
   1. If so, how
   2. Is it better now or worse?
2. Can you reconcile the views of Corley with Lexmark?
3. What effect do you think rules like these have on software designers, researchers, and technology users, if any?
4. If you could rewrite the DMCA, what if anything would you change?

YALE L.J. 108 (1999)

1. Do the traditional tests for trademark infringement and dilution work online?
   1. How do we tell which users are confused and which aren't?
   2. What about companies like Google? With millions of users, how can we tell what each one is experiencing?
2. Is it possible to reference a trademark online without infringing or diluting it?
3. What should the rules for trademarks on the internet be?
4. What is the difference between West Coast Video and Google? Between WhenU and Google? Between meta-tags and sponsored links?
5. How do the rules for keyword ad providers differ from those imposed for copyright and defamation?