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What Every CIO Needs to Know About Law and Policy Tracy Mitrano NWACC Introduction to Internet Law.

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Presentation on theme: "What Every CIO Needs to Know About Law and Policy Tracy Mitrano NWACC Introduction to Internet Law."— Presentation transcript:

1 What Every CIO Needs to Know About Law and Policy Tracy Mitrano NWACC Introduction to Internet Law

2 Engineering Methodology Seven Layers of the Internet – Applications – Presentation – Session – Transport – Network – Data Link – Physical

3 Legal Methodology Three layers of the Internet – Application – Protocols – Physical

4 Lessig Four Factors Model Internet LawMarket User Norms, behavior and experience Technology

5 Which one is the most important?

6 Early Legal Theory Barlow, Post, et. Al. – Cyberspace is qualitative different that physical space – User norms adequate to control behavior – Traditional, physical space law neither needed for nor wanted An impediment to creativity and a transcendental experience of the early internet, including globalization – New opportunity for humanity to recreate itself

7 Easterbrook Law of the Horse – Internet needs law – But it does not need new law – Existing law functions just fine Fraud Intellectual property and copyright Trespass … hacking is where it breaks down – The Computer Fraud and Abuse Act of 1986 – Electronic Privacy Privacy Act counterexample » USA-Patriot Act counterexample – Jurisdiction

8 Lessig East and West Coast Code – Law verses software – Both establish rules Even policy if you will … but later for that! More sophisticated understanding that architecture and design shape experience – Even if he didnt know all the answers, he knew enough to raise the questions

9 Who Controls the Internet? As the world turns … – Jon Postel case – case – A Rape in Cyberspace Access Denied Drill down of Internet filtering globally China, Saudi Arabia and Russia

10 International Dimension Germany – Pornography and privacy Italy – Google China – Yahoo and Google United Nations and Vint Cerf – Keep the Internet Open and International Telecommunications Union

11 Early U.S. Cases and Laws that Raised Internet-Related Questions Jurisdiction – Blue Note No legal clues so sympathetic party wins – USA-PATRIOT Act For Foreign Intelligence Surveillance Act (FISA), national jurisdiction Question: – Patent only national court … do we need one for copyright … or the Internet … does the Internet change jurisdiction law? In personam, in rem, subject matter Service of process, etc.

12 Communications Law To use existing models, is the Internet – Communication service? – Information service? Answer to that question determine whether and/or what kind of law applies – Brand X set the precedent – F.C.C. v. Comcast – Political football in current Congress

13 Internet Laws Computer Fraud and Abuse Act 1986 – Hacking Law – Computer Worm Case 1988 Electronic Communications Privacy Act – Included TCP/IP Model but didnt take proper legal account of it confounding Fourth Amendment jurisprudence Digital Due Process

14 Internet Laws Communications Decency Act 1996 – Primarily a child pornography protection law Sections struck down in 1997 by Reno v. ACLU – Section 230 I.S.P. Immunity with I.P. exception – Compuserve – Prodigy – Congressional Policy on the Internet – Juicycampus and CollegeACB Child On-Line Privacy Protection Act 1998 – Personally identifiable information under 13 only with parental permission – How enforced? – Sam …

15 Privacy Lessig Analysis – Legal Electronic surveillance laws – Fourth Amendment – Cultural Norms Cell phones – Technology Privacy Settings – Market Targeted marketing, mining, combining, selling and profiling

16 Electronic Surveillance Electronics and the Fourth Amendment – Olmstead 1928 – Katz 1967 – Omnibus Safe Streets and Crime Act 1968 – Electronic Communications Privacy Act 1988 – USA-Patriot Act, 2001 – Kyllo, 2001 – Quon, 2010 – Jones, 2012

17 Higher Education Specific Ortega, 1987 (State University) – T.L.O. test, violation of policy Reasonable suspicion U.S.A.-PATRIOT Act – Family Education Rights Privacy Act New disclosure exception – Distinguish health and safety … of everyone else – Letters of Administration – ECPA and FISA problematic areas apply

18 CALEA Communications Assistance Law Enforcement Act – 1994 originally for telephony duty to cooperate Technical standards that must be applied to expedite warrant for interception of content – 2006 American Council on Education Exemption for private higher education networks, unless: – Open to the Internet (no choke point) – No subscription services to the public

19 Contemporary Issues Anti-Trust – Microsoft, 1991, 1997-2000 – Google – Facebook Privacy – Google – Facebook Internet Company approaches to regulation

20 Questions?

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