The Development of Technology - Essay Example

Internet Law The development of technology has changed the world in many ways and opened up new industry that creates opportunities. Technology has created thousands of jobs; however opportunities still exists in the technology field since new ideas arise each day. Businesses and organizations spend a lot of resources in marketing their products online thus making the internet a critical part of our lives in the modern age. The internet acts as a global network that interconnects computer networks from different individuals and institutions in order to serve many users. The internet relays a vast array of information and services within the interlinked documents and emails. However, due to increased technology and widespread use of the internet creates security threats due to the vulnerabilities posed by the system. As a result, internet laws have been established to deal with matters related to internet. It’s necessary for the users to have knowledge of the laws. Description of the Internet Law From the early days, professionals in the technology industry realized that the diversity of the internet functions required trust since it was used by the public. The industry code of conduct was established as a guiding principle to ensure responsible use of the internet by the operators and users. However, with the improving world of technology courts and governments around the world are creating internet laws to handle legal disputes related to internet use. Cyber laws have been designed to fit in the legal system frameworks in order to ensure there is order in the conduct and commerce in cyberspace. The internet law handles cases of trademark and copyright infringement as well as other related cyber crimes (Smith, 2006, 37). Internet has changed the legal landscape since it’s the world largest marketplace. The internet influences committing crimes, torts and infringing intellectual property. The internet law controls many aspects of internet use such as e-commerce, marketing and cyber activities. As a result, the laws protect the users in all the fields that incorporate internet use in their activities. Rules should accommodate new developments such as improvement in the software industry, as well as transformation in the intellectual property laws. The internet creates unique jurisdictional disputes since the technology respects no national borders. The internet rules keep changing due to the advancement in technology posing new threats and challenges. As a result, the legal frameworks must be designed to accommodate the changes to ensure protection of all web users in appropriate depth. The internet rules cover various areas such as website development legal issues, the service provider liabilities and trademarks on the internet. In addition, the law also includes domain name disputes as well as the web pages linking and legal liability (Reed, 2004, 2). The website legal issues address the copyright concerns when creating websites. The law prevents reproducing a work, displaying the work publicly or distributing the work. The rights are given to copyright owners under the copyright act. The law provides that the web developers do not copy the work of others. The domain name concern addresses the conflicts over common domain names. The internet law provides guidelines for field level numbers and ensures the chosen names are not taken by other users. The law has the domain name dispute policy that handles such cases. The internet law has trademark policy that protects against trademark infringement. The law protects the selected trademarks through registration and prosecution of those who infringe on trademarks. On the other hand, the internet law protects against defamation and puts the blame on service providers. The internet laws provide ways for web developers to reduce information that may damage the reputation of a person or an organization. Lastly, the internet law also controls the linking and framing concerns. The internet contains widespread linking of the WebPages. As a result; the internet law describes the legality of such connections. Historical Analysis of the Internet Law Internet did not affect the law prior to the mid-1990s since it was not yet commercialized. The domain names were not valuable, and there were no internet jurisdictional disputes. The internet emerged as a commercial enterprise in the mid-1990s resulting from the development of the World Wide Web. The commercialization was made possible by the development of the graphical user interface by Tim Burners-Lee. By 1991, the NSF assumed control of the systems of interconnected computers that evolved into the internet. In the early years, domain registration was free but by 1995, NSF began to charge a fee for registration. As websites became commercialized, the number of interest users increased significantly. The internet law disputes were relatively uncommon prior to the mid-1990s; however, with increased online users the internet law shifted (Campbell, 2010, 16). The IP law in cyberspace was developed in 1995, as a result of legal dilemmas such as domain name conflicts, trademarks, enforcing online contracts and protection of copyrights. The courts were tasked with resolving internet-related jurisdictional disputes due to commercialization of different sites. Internet has evolved as a business tool forcing the law to change rapidly. Industry groups, governments and internationals organizations have formulated new standards and regulations related to internet use. The internet created a ‘legal lag’ problem such as in copyright laws and end user agreements. Social media sites have continued to shape the law in order to protect the users and resolve any conflicts such as that of the Facebook founder and his Harvard classmates. Domain name developments have influenced jurisdictional disputes as companies seek to protect their names. The internet laws have improved from the 1990s as they now address the economic and technological realities of the internet (Rustad and Angelo, 2011, 16). . The rules help in addressing daily internet cases through the user agreements and e-commerce policies. The internet law now requires online contracts to apply for a contract law on the internet. The development has also seen the development of different acts that are internet related in order to govern consumer rights. They include the children’s online privacy protection act, safe web act as well as laws related to controlling pornography (Ferraro, 2004, 16). Other internet laws that have significantly changed from historical times include the cyber tort laws that have evolved to address the employees right on their email monitoring by the employers. However, the developments on the internet law are still affected by increased changes in technology, thus requiring constant review of the laws to meet the standards. Challenges arise from jurisdiction issues making the governments control in cyberspace impossible. Internet Law Case Studies Internet-related cases have been resolved by the courts since the development of the internet law. One of the major cases that described the use of internet law was the passed in 1991. The case involved an online service provider sued for internet related defamatory statements. The case was a landmark since it represented the first-time a court used the defamatory law designed for web publications. The case involved Cubby, Inc V. CompuServe, Inc. According to the case, the federal court suggested that the online service provider was not liable for defamatory postings. The court classified the company as a distributor rather than a publisher. CompuServe Company developed and provided computer-related products and services including CIS that was an online general information service (Rustad and Angelo, 2011, 21). The electronic library allowed access to thousands of information after subscribing at certain fee. One of the publications presented included the Rumorville that produced reports on journalism and journalists. CompuServe had signed a contract with providers of Rumorville, DFA. Rumorville accepted total responsibility for its contents. However, the contract required limited access of the contents to subscribers who had arrangements with DFA directly. According to the plaintiffs, Cubby, Inc, Rumorville had published defamatory and false statements relating to them. In the case, they argued CompuServe carried the statements in their journalism forum, thus the lawsuit. As a result, the federal district court acted in favor of CompuServe arguing that they only served as distributors rather than publishers. CompuServe was not liable for the defamatory statements based on their contract agreement and the internet law. CompuServe also did not know the details of the reports and could only be held liable if they knew or had reason to use the defamatory statements. The court ruled in favor of CompuServe marking the first case influenced by the internet law (Solove, 2007, 22). The second case study involves Specht v. Netscape Communications Corporation. According to the case, Netscape is accused on unlawfully eavesdropping on the plaintiffs communication suing the software downloaded. Specht had downloaded the software from the internet free as provided by Netscape. Downloading the software did not require reading of the full terms of the contractual agreement. The defendant’s terms were not accepted since there was no reasonable notice that had an arbitration clause before installing. Netscape’s motion to compel arbitration was denied by the court. The court argued that the consumer could not assent to the contract without looking into the terms. Based on the case, it’s easier to understand how the internet gives the businesses opportunities to exploit their customers who do not read the licenses. Users should carefully read the contractual terms before assenting to any license to avoid exploitation. Online users should not be bound to license terms in which they have not assented. In the case Specht had no reasonable notice on the terms of the agreement and, therefore, not liable to get terms as part of the software. The court used the internet law on internet contracts and user license agreements. However, in the last years the courts have enforced shrink-wrap licenses based on the fact that consumers agree to terms by using the software. The improved internet law can now prevent consumer exploitation as a result of the end user agreements such as those presented in the case. As the technology improves with time, the law of contracts evolves to address social media and cloud computing. The third case study involves Metro-Goldwyn-Mayer Studios Inc. v. Grokster Limited. The case involved copyright infringement by third parties using the product. The defendants of the case distribute free software products that allow computer users to share files through networks. The software’s allowed direct file sharing without using a central server as required in normal networking environment. The software contributed significantly on security, cost and efficiency of peer-to-peer networks. MGM had sued Grokster for their users’ copyright infringements claiming that they intentionally distributed their software to allow users copy and distribute copyrighted works. The company was seeking an injunction and payment of damages caused as there was a violation of the copyright act (LII, 2005). According to the software’s used by the Grokster, when users sends request to computers connected the software gives the invitation to other connected peers and the results communicated to the requesting computer. The procedure suggests that Grokster use no servers to intercept content requested by the users of the software. There is no central point for communication as it moves in either direction. As a result, could not identify when particular files were being copied by the users. According to MGM, the downloads were acts of infringement. Grokster and Stream Cast benefited from the downloads made and generated income from selling advertising space to users of the programs. After the court’s analysis, the defendant was found to be liable as a contributory infringer. The defendant also had knowledge of direct infringement and the software’s contribution to the violation. Grokster was the distributor and, therefore, liable for the infringement conducted by 3rd parties. The judge compared the situation with that of Sony that allowed copying of shows through VCRS in order to watch later. The court did not find Sony responsible since the primary market used the software. However, in the case of Grokster, they had knowledge after the study carried out and, therefore, as the distributors they fostered infringement making them accountable (LII, 2005). Opinion on the Topic and History I think the internet law should be regularly reviewed. Internet eases communication and marketing for companies as it is used globally. Since it is the world’s largest marketplace, I believe following the law and the creation of better policy is necessary to prevent crimes and infringing of intellectual property. The internet law should be incorporated in the justice system in order to help resolving internet disputes amicably. Understanding the law also helps one have a better view of the transformation of the internet from the mid-1990s as well as predicting the future. I think internet law plays a critical part in our lives since we are surrounded by technology. As a result, conflicts related to technology are bound to arise. Therefore, the internet law is necessary to resolve such conflicts. On the other hand, I think knowledge of the internet law is also essential as one understands the transformations and steps made since the early innovations. The histories have enabled one to acknowledge the role played by different organizations and individuals in shaping the internet used today. In addition, the knowledge also helps in understanding how the internet law has transformed as technology changes i.e. in the mid-1990s domain names were free but have gradually changed into payment. I believe the future of the internet law will have specific guidelines dedicated to protecting exploitation and enforcing laws. The laws will also be diverse to include all parties affected through internet use. The future internet laws will be more advanced in mitigating computer crimes and ensuring privacy protection. The government will also have a great role in regulating internet use than they have today (Weiser, 2009, 538). Work Cited Campbell, Dennis. The Internet: Laws and Regulatory Regimes. Huntington, NY: Juris Publishing, 2010. Continually updated resource. Ferraro, Monique. Investigating Child Exploitation and Pornography: The Internet, Law and Forensic Science. Burlington: Elsevier, 2004. Internet resource. Legal Information Institute. Metro-Goldwyn-Mayer studios Inc. v. Grokster, LTD. Cornell University Law School, 2005.Print. Reed, Chris. Internet Law: Text and Materials. New York: Cambridge University Press, 2004. Print. Rustad, Michael and Angelo, Diane.” The Path of Internet Law: An annotated Guide to legal Landmarks.” Duke Law & Technology Review, 12 (2011): 1-73.Web. 4 Nov. 2014. Smith, Graham. Internet Law and Regulation. Sweet & Maxwell, 2006. Print. Solove, Daniel J. The Future of Reputation: Gossip, Rumor, and Privacy on the Internet. New Haven: Yale University Press, 2007. Internet resource. Weiser, Philip J. "The Future of Internet Regulation." University of California, Davis, 43.529 (2009):530-588. Web. 4 Nov. 2014. Read More