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Not restrained by the First Amendment, countries outside of the United States have begun to regulate online content as they would publications or speech # Germany v. CompuServe Deutschland (Bavaria 1999). A regional court reversed the conviction of Felix Somm, the former head of CompuServe German ...

United States courts use the Miller test for determining whether speech or expression is ...ems from Miller v. California, 413 U.S. 15 (1973), in which the US Supreme Court held that material is obscene if each of the following factors is satisfied ...

...schools; (2) the Library Services Technology Act, which provides grants to states for support of libraries; and (3) the E-rate program, under the Communicati ...associations and website publishers. Under a strict scrutiny analysis, the court held that because CIPA conditioned federal funding on public libraries’ use ...

...District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or ...ersons, other than agencies, instrumentalities, or employees of the United States; or ...

(2) Such additional amount as the court may allow, except that--<br> ...the action, together with a reasonable attorney's fee as determined by the court.<br> ...

(2) Such additional amount as the court may allow, except that--<br> ...the action, together with a reasonable attorney's fee as determined by the court.<br> ...

Unlike state laws that emanate from the common law right of the states to legislate against many types of crime, the federal criminal law must hav Supranational organizations provide mechanisms whereby disputes between states may be resolved through arbitration or mediation. When a country is recogni ...

...by the Justice Department and signed by a United States District Court or Court of Appeals judge, a wiretap order permits law enforcement to intercept comm ...to gather evidence of crime unrelated to their rights or property. United States v. Harvey, 540 F.2d 1345, 1352 (8th Cir. 1976). ...

“Addressing the threshold of copyright-ability . . ., the Supreme Court [has] held that ‘[t]he sine qua non of copyright[ability] is originality’ a ...ve works” provision of the Copyright Act. 17 U.S.C. § 201(c). The district court granted summary judgment for defendants. ...

(1) The purpose of section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, is to require agen Section 552(f) of title 5, United States Code, is amended to read as follows:<br> ...

The '''Computer Fraud and Abuse Act''' is a law passed by the United States Congress in 1984 intended to reduce cracking of computer systems and to add ...usively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or ...

...ppen, he registered their other trademark, Panaflex, as a domain name. The Court held that the Federal Trademark Dilution Act could be violated without the ...e mark “is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner.” ...

...ors should always be concerned with admissibility issues that may arise in court proceedings. Chapter 5 addresses both hearsay and Confrontation Clause issu ...ices. Further, several sections within the Criminal Division of the United States Department of Justice in Washington, D.C., have expertise in computer-relat ...

...iacom v. YouTube, 2008 WL 2627388 (S.D.N.Y. 2008) (slip. at p. 20)[1], the court held that YouTube was a remote computing service (and therefore ECPA prohib A district court held that retrieving for subscribers text messages that had been sent over ...

...a magistrate. See 18 U.S.C. §§ 2510(9) and 2516(1); see also In re United States of America, 10 F.3d 931 (2d Cir. 1993), cert. denied, 115 S. Ct. 64 (1994). ...oving wire or electronic interception, the application must state, and the court order must indicate, that a particular named subject is using various and c ...

...United States George W. Bush on December 16, 2003, establishes the United States' first national standards for the sending of commercial e-mail and requires ...rs to get permission before they send marketing messages. It also prevents states from enacting stronger anti-spam protections, and prohibits individuals who ...

...CA amended [[Title 17 of the United States Code|Title 17]] of the [[United States Code]] to extend the reach of copyright, while limiting the liability of th ...ally requires separate legislation by or within each of the Union's member states.) ...

...iary issues arising when the government seeks to admit computer records in court, including hearsay and the foundation to establish the authenticity of comp ...the term has the connotation of a positive declaration." See, e.g., United States v. Lewis, 902 F.2d 1176, 1179 (5th Cir. 1990); Lexington Ins. Co. v. W. Pen ...

...party to a copyright treaty; (2) the work is first published in the Unites States or a country that is a party to the Universal Copyright Convention; (3) the ...uter to another in the absence of any perceptible rendition." Instead, the court found that such activities were more appropriately classified as "reproduct ...

As the Supreme Court has held, “Anonymity is a shield from the tyranny of the majority,” that “e ...eview “must be undertaken and analyzed on a case-by-case basis,” where the court’s “guiding principle is a result based on a meaningful analysis and a prope ...

...ernment. A government entity generally must provide a subpoena, warrant or court order to obtain information about a user that is stored by the communicatio ...§ 3121-3127 governs pen registers and trap and trace devices, empowering a court to issue an order “authorizing the installation and use of a pen register o ...

...erfeit Access Device and Abuse Act that was passed in 1984 and essentially states that, whoever intentionally accesses a computer without authorization or ex ...usively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or ...

...communications are fully protected by the Fourth Amendment. Katz v. United States, 389 U.S. 347, 353-354 (1967). The Government must satisfy stringent proced However, the Supreme Court has found no reasonable expectation of privacy in telephone numbers dialed ...

...em administrator's common authority to consent to a search under to United States v. Matlock, 415 U.S. 164 (1974). (2) WARNING! This computer system is the property of the United States Department of Justice and may be accessed only by authorized users. Unautho ...

...v. Associated Press, 52 F. Supp. 362, 372 (S.D.N.Y. 1943) (opinion of the court by Judge Learned Hand), aff'd, 326 U.S. 1 (1945) ...hallenge in numerous jurisdictions, with varying results. The U.S. Supreme Court ultimately resolved the circuit split and held sections of the CPPA to be o ...

...ick “I agree” (or a similar form of consent) to view the site in full. The court distinguished “shrinkwrap license” agreements from the Ticketmaster terms a ...software in violation of Adobe’s End User License Agreement (“EULA”). The court held that the transfer of the software to the plaintiff was a sale, not a l ...

...the same and fails to deliver it to the officer or employee of the United States entitled to receive it; (B) information from any department or agency of the United States; or ...

...luded that the potential infringement at issue did not occur in the United States because it “was only completed in Canada once the signal was received and v ...ating system's error log while diagnosing a problem with the computer, the court found that the representation in RAM was "sufficiently permanent or stable ...

...mmonly called '''Sarbanes–Oxley''', '''SarBox''' or '''SOX''', is a United States federal law enacted on July 30, 2002. It is named after sponsors U.S. Senat ...s to comply with the new law. Harvey Pitt, the 26th chairman of the United States Securities and Exchange Commission (SEC), led the SEC in the adoption of do ...

...ation of Title III to use a pen register or trap and trace device); United States Telecom Ass'n v. FCC, 227 F.3d 450, 453-54 (D.C. Cir. 2000) (contrasting pe ...essing information for phone calls and individual Internet packets using a court order. Conversely, the interception of email contents, including the subjec ...

...gration authorities in detaining and deporting [[Immigration in the United States|immigrants]] suspected of terrorism-related acts. The act also expanded the ...House of Representatives|House]] by 357 to 66 (of 435) and in the [[United States Senate|Senate]] by 98 to 1 and was supported by members of both the Republi ...

...ns any investigator or attorney should bear in mind before applying to the court for a warrant. Section C discusses the issues that arise in drafting a comp ...minal evidence will be found in the place searched. See Brinegar v. United States, 338 U.S. 160, 175 (1949). Once a magistrate judge finds probable cause and ...

...f the Internet has been subject to fierce debate, especially in the United States. ...f the Internet Protocol, has called the term net neutrality a "slogan" and states that he opposes establishing it, but he admits that he is against the fragm ...

...No. C 4047, 2002 FTC LEXIS 22 (Fed. Trade Comm’n May 8, 2002), wherein the Court issued an order in conformance with the terms of the above settlement agree (4) United States v. The Ohio Art Co., Civ. Action No. 027203 (N.D. Ohio 2002); File No. 022- ...

The Fourth Amendment states: ...izure. See Berger v. New York, 388 U.S. 41, 59-60 (1967). Furthermore, the Court has held that a "'search' occurs when an expectation of privacy that societ ...

Section 230 of Title 47 of the United States Code (47 U.S.C. § 230) was passed as part of the much-maligned Communicatio ...to evade the reach of the CDA." 640 F. Supp. 2d at 1196. Furthermore, the court stressed that the CDA “must be interpreted to protect websites not merely f ...