An Overview of the United States’ Section 230 Internet Immunity

2020 ◽  
pp. 153-171
Author(s):  
Eric Goldman
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Third Party ◽  
The Internet ◽  
Online Services ◽  
Legal Policy ◽  
Positive Externalities

This chapter provides an overview of online intermediaries’ immunities in the United States. In particular, it reviews 47 USC § 230, which says that websites and other online services are not liable for third party content. The chapter focuses on how this legal policy is simple and elegant, but is hardly intuitive, and it has had extraordinary consequences for the internet and our society. After reviewing pre-section 230 law and case law, the chapter discusses the moderator’s dilemma and the introduction of section 230 in the United States. It then describes section 230’s protections for the defendant, statutory exclusions, and implications for innovation, highlighting the positive externalities of section 230 and critical views of section 230’s arrangement. Finally, the chapter discusses how section 230 compares to some foreign counterparts.

Censoring Cyberspace

2002 ◽  
Vol 30 (2) ◽  
pp. 319-338
Author(s):  
Michael Mehta
Keyword(s):  
United States ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
The Internet ◽  
Nation State

This paper explores how Canada and the United States of America have attempted to control of the flow of contentious material coming through the Internet. The paper focuses on the issue of controlling obscene material and provides several case-law examples to illustrate how attempts at censorship have evolved over the decades in both countries. It is concluded that censorship is a tool of the nation-state that is unlikely to significantly reduce the amount of contentious material crossing borders.

scholarly journals Anomalies in the US Cyberbullying Jurisprudence

2016 ◽  
Vol 10 (2) ◽  
pp. 148-169 ◽  
Author(s):  
Tamás Pongó
Keyword(s):  
United States ◽  
Freedom Of Speech ◽  
Case Law ◽  
The United States ◽  
The Internet ◽  
Circuit Court ◽  
The Supreme Court ◽  
The Us ◽  
The World ◽  
The Right

This article focused on US case law and analyzed the evolution of students’ freedom of speech from 1969 to this date in the US. Therefore, it briefly introduced the tests and doctrines, which were created in the landmark cases of the Supreme Court of the United States (SCOTUS), noting that these cases were dealing with offline, on-campus situations and their determinations are not necessarily fully applicable to situations we might experience today. Nevertheless, the tests and doctrines, which were created in SCOTUS landmark decisions, are still in force and every cyberbullying judgment is still based on them even in the era of the Internet. Taking into consideration that the world has changed since these tests were established, I examined some more recent cyberbullying cases in the US, where these above tests were applied.Based on the analysis of SCOTUS and some Circuit Court jurisprudence, Certain anomalies were revealed, which serve as a basis to clearly state that the US system suffers from severe deficiencies, like handling the off-campus origin of the speech, or defining the substantial disruption or the sufficient nexus. However, the US courts have worked out tests and doctrines as a basis for their cyberbullying jurisprudence, so they are on the right track, but the jurisprudence will remain ambiguous and unpredictable without a SCOTUS landmark decision regarding cyberbullying.

Sex Differences in Mass Media Preferences Across Four Asian Countries

2011 ◽  
Vol 23 (4) ◽  
pp. 186-191 ◽  
Author(s):  
Malini Ratnasingam ◽  
Lee Ellis
Keyword(s):  
United States ◽  
Sex Differences ◽  
Mass Media ◽  
The United States ◽  
Female Students ◽  
The Internet ◽  
Evolutionary Explanation ◽  
Asian Countries ◽  
The World ◽  
Media Preferences

Background. Nearly all of the research on sex differences in mass media utilization has been based on samples from the United States and a few other Western countries. Aim. The present study examines sex differences in mass media utilization in four Asian countries (Japan, Malaysia, South Korea, and Singapore). Methods. College students self-reported the frequency with which they accessed the following five mass media outlets: television dramas, televised news and documentaries, music, newspapers and magazines, and the Internet. Results. Two significant sex differences were found when participants from the four countries were considered as a whole: Women watched television dramas more than did men; and in Japan, female students listened to music more than did their male counterparts. Limitations. A wider array of mass media outlets could have been explored. Conclusions. Findings were largely consistent with results from studies conducted elsewhere in the world, particularly regarding sex differences in television drama viewing. A neurohormonal evolutionary explanation is offered for the basic findings.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

Bali 1928 Music Recordings and 1930s Films

2018 ◽  
pp. 348-372
Author(s):  
Edward Herbst
Keyword(s):  
United States ◽  
The United States ◽  
The Internet ◽  
Grass Roots ◽  
Emerging Media ◽  
Dominate Discourse ◽  
Music Recordings

Bali 1928 is a restoration and repatriation project involving the first published recordings of music in Bali and related film footage and photographs from the 1930s, and a collaboration with Indonesians in all facets of vision, planning, and implementation. Dialogic research among centenarian and younger performers, composers and indigenous scholars has repatriated their knowledge and memories, rekindled by long-lost aural and visual resources. The project has published a series of five CD and DVD volumes in Indonesia by STIKOM Bali and CDs in the United States by Arbiter Records, with dissemination through emerging media and the Internet, and grass-roots repatriation to the genealogical and cultural descendants of the 1928 and 1930s artists and organizations. Extensive research has overcome anonymity, so common with archival materials, which deprives descendants of their unique identities, local epistemologies, and techniques, marginalizing and homogenizing a diverse heritage so that entrenched hegemonies prevail and dominate discourse, authority, and power.

Sources of Information About Gestational Weight Gain, Diet, and Exercise Among Brazilian Immigrant Women Living in the United States: A Cross-Sectional Study

2021 ◽  
pp. 1-41
Author(s):  
Ana Cristina Lindsay ◽  
Qun Le ◽  
Denise Lima Nogueira ◽  
Márcia M. T. Machado ◽  
Mary L. Greaney
Keyword(s):  
United States ◽  
Weight Gain ◽  
Gestational Weight Gain ◽  
The United States ◽  
The Internet ◽  
Sources Of Information ◽  
Cross Sectional ◽  
Gestational Weight ◽  
Diet And Exercise ◽  
First Time

Abstract Objectives: The objective of this study was to assess sources of information about gestational weight gain (GWG), diet, and exercise among first-time pregnant Brazilian women in the United States (US). Design: Cross-sectional survey. Setting: Massachusetts, United States. Participants: First-time pregnant Brazilian women. Results: Eighty-six women, the majority of whom were immigrants (96.5%) classified as having low-acculturation levels (68%), participated in the study. Approximately two-thirds of respondents had sought information about GWG (72.1%), diet (79.1%), and exercise (74.4%) via the internet. Women classified as having low acculturation levels were more likely to seek information about GWG via the internet (OR = 7.55; 95% CI: 1.41, 40.26) than those with high acculturation levels after adjusting for age and receiving information about GWG from healthcare provider (doctor or midwife). Moreover, many respondents reported seeking information about GWG (67%), diet (71%), and exercise (52%) from family and friends. Women who self-identified as being overweight pre-pregnancy were less likely to seek information about diet (OR = 0.32; 95% CI: 0.11, 0.93) and exercise (OR = 0.33; 95% CI: 0.11, 0.96) from family and friends than those who self-identified being normal weight pre-pregnancy. Conclusions: This is the first study to assess sources of information about GWG, diet, and exercise among pregnant Brazilian immigrants in the US. Findings have implications for the design of interventions and suggest the potential of mHealth intervention as low-cost, easy access option for delivering culturally and linguistically tailored evidence-based information about GWG incorporating behavioral change practices to this growing immigrant group.

Identifying New Directions for African Studies: Methodology Report and Survey Results

2002 ◽  
Vol 30 (2) ◽  
pp. 76-88
Author(s):  
Larry W. Bowman ◽  
Diana T. Cohen
Keyword(s):  
United States ◽  
Graduate Students ◽  
The United States ◽  
African Studies ◽  
The Internet ◽  
Coverage Error ◽  
New Directions ◽  
Survey Results

The sample frame was constructed over several months through the combined efforts of three graduate students and Prof. Larry W. Bowman. Using the Internet whenever possible, and backed by the assistance of colleagues from many institutions, we constructed a sample frame of 1,793 U.S.-based Africanists. Our sample frame includes 46 percent more Africanists than the 1,229 individual U.S. members of the African Studies Association (ASA) in 2001 (1,112 individual members and 117 lifetime members). In all cases we allowed institutions to self-define who they considered their African studies faculty to be. By assembling this broad sample frame of African studies faculty, we probe more deeply into the national world of African studies than can be done even through a membership survey of our largest and most established national African studies organization. The sample frame for this study approximates a full enumeration of the Africanist population in the United States. Therefore, data collected from samples drawn from this frame can with some confidence be generalized to all Africanists in the United States, with minimal coverage error.

Third-party funding na arbitragem contra Estados: a relativização da imunidade executória na execução da sentença arbitral contra Estados

2019 ◽  
Vol 1 (1) ◽  
pp. 203-234
Author(s):  
Ana Monteiro ◽  
Daniel Ferreira
Keyword(s):  
United States ◽  
Risk Assessment ◽  
Asset Pricing ◽  
The United States ◽  
Third Party ◽  
State Immunity ◽  
The United Kingdom ◽  
Domestic Legislation ◽  
Current Context ◽  
Party Funding

The purpose of this article is to assess the risk for preventing the execution of arbitral awards made against Sovereign States due to the State’s immunity shield. Given the importance of an accurate asset pricing in the business of third-party funding (TPF), the topic entails a particular relevance to the current context of globalized litigation in light of its contribution to the promotion of TPF at the international arbitration community. After reviewing the literature on TPF, on the peculiarities of investment and commercial arbitrations against States and on the evolution of State immunity (also in terms of domestic legislation, considering the local laws passed by the United States, the United Kingdom and Australia), the article aims explore how the funder should incorporate into its risk assessment the risk of not executing awards rendered against Sovereign States.

scholarly journals Comparison of Digital Copyright Protection on Over the Top (OTT) Streaming Content Media in Indonesia and the United States

2021 ◽  
Vol 8 (2) ◽  
pp. 183-212
Author(s):  
Agung Kurniawan Sihombing ◽  
Rika Ratna Permata ◽  
Tasya Safiranita Ramli
Keyword(s):  
United States ◽  
Copyright Protection ◽  
Technological Development ◽  
Secondary Data ◽  
The United States ◽  
The Internet ◽  
Digital Copyright ◽  
Physical Form ◽  
Digital Copyright Protection ◽  
Over The Top

In the rapid technological development, physical boundaries have begun to disappear. The internet has created a ‘free culture’. In addition, the era is challenging the copyright concept along with the emergence of ‘digital copyright’. It has become the main commodity of Over-the-Top services providing means of communication and entertainment through the internet. Content streaming service like Netflix uses films, as well as other cinematographic works, as its main commodities. OTT Streaming media helps to protect copyright holders' rights that previously have been violated by illegal streaming sites on the internet. Unfortunately, it also raises a new question: how digital copyright-objects can be protected in this kind of service. Without physical form, copyright object can be distributed easily on the internet, and it may lead to right violations. To answer this problem, the authors aim to describe the digital copyright protection on OTT Streaming Content Media in Indonesia and compare them to the 1998 Digital Millennium Copyright Act (DMCA) of the United States of America using a descriptive-analytical approach. This study employed a normative juridical approach with secondary data. The results of this study indicate that digital copyright protection in Indonesia is still centered on conventional copyright objects, and a sui generis law is needed to provide better protection for digital copyright objects.

scholarly journals Asia`s Role in Internet Governance

2009 ◽  
Vol 24 (2) ◽  
pp. 137-142
Author(s):  
Park Y. J.
Keyword(s):  
United States ◽  
Public Policy ◽  
Civil Society ◽  
Public Sector ◽  
The United States ◽  
The Internet ◽  
Internet Governance ◽  
The Public ◽  
Policy Negotiation ◽  
Global Public Policy

Most stakeholders from Asia have not actively participated in the global Internet governance debate. This debate has been shaped by the Internet Corporation for Assigned Names and Numbers(ICANN) since 198 and the UN Internet Governance Forum (IGF) since 2006. Neither ICANN nor IGF are well received as global public policy negotiation platforms by stakeholders in Asia, but more and more stakeholders in Europe and the United States take both platforms seriously. Stakeholders in Internet governance come from the private sector and civil society as well as the public sector.

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