Computers, Privacy & the Constitution

Part One: Speech, Press, Assembly

Theory

Lawrence Lessig, Reading the Constitution in Cyberspace, 43 Emory L.J. (1996)

Potter Stewart, "Or of the Press," 26 Hastings L.J. 631 (1975)

Jay Rosen, Bloggers v. Journalists is Over, PressThink, January 15, 2005

McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995)

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999)

Reno v. ACLU, 521 U.S. 844 (1997)

Speech that induces unlawful conduct

Brandenburg v. Ohio, 395 U.S. 444 (1969)

Speech that provokes a hostile audience reaction

Feiner v. New York, 340 U.S. 315 (1951)

Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)

Speech that discloses confidential information

New York Times Co. v United States, 403 U.S. 713 (1971)

Libel

New York Times v. Sullivan, 376 U.S. 254 (1964)

Public fora

Hague v. CIO, 307 U.S. 496 (1939)

DVD cases

Universal City Studios v. Reimerdes, 111 F. Supp. 2d 294 (S.D.N.Y. 2000)

Universal City Studios v. Corley, 273 F.3d 429 (2d Cir. 2001)

Municipal Wi-Fi

Philadelphia's Municipal Wi-Fi Plan

Wireless Philadelphia to Provide Free Internet, Access to Education, IP|Links, September 8, 2004

Lobbyists try to kill Philly wireless plan, MSNBC News, Nov. 23, 2004

Declan McCullagh, Philly, Verizon reach accord on city Wi-Fi plan, C|Net News.com, Dec. 1, 2004

Dianah Neff, Hands off our Wi-Fi network!, C|Net News.com, Feb. 10, 2005

Wi-Fi Plans & Legislation in Other States

Ben Charny, Wi-Fi goes (West) Hollywood, C|Net News.com, Jan. 4, 2005

Esme Vos, Nebraska Introduces Anti-Municipal Broadband Bill, MuniWireless.com, Jan. 18, 2005

Esme Vos, Texas Bill Restricts Municipal Broadband and More, MuniWireless.com, Feb. 15, 2005

Jim Hu, Indiana kills anti-muni broadband bill, C|Net News.com, Feb. 17, 2005

Esme Vos, Illinois Anti-Municipal Broadband Bill, MuniWireless.com, Feb. 21, 2005

Recent News & Blogs

MuniWireless, Reports on Municipal Wireless and Broadband Projects

Save Muni Wireless, Updated news on the Texas municipal wireless bill

Eric Griffith, Think Tank Trashes Municipal-Run Wireless, Wi-Fi Planet, Feb. 3, 2005

Lawrence Lessig, Why Your Broadband Sucks, Wired, March 2005

Net Neutrality

Paul Kapustka, Verizon Says Google, Microsoft Should Pay For Internet Apps, Information Week, January 5, 2006

Jeremy Pelofsky, Broadband, content firms fight over Net neutrality, Reuters, February 7, 2006

Marguerite Reardon, Without 'Net neutrality,' will consumers pay twice?, C|Net News, February 7, 2006

e-Postage

AOL, Yahoo Planning Postage Charges for Email, Consumer Affairs, February 5, 2006

Elinor Mills, Newsmaker: You've got (certified) mail!, C|Net News, February 13, 2006

Online Campaign Regulations

New FEC Regulation

Declan McCullagh, Election commission takes light touch with Net regs, C|Net News, March 24, 2006

Zachary A. Goldfarb & Thomas B. Edsall, Proposed FEC Rules Would Exempt Most Political Activity on Internet, Washington Post, March 25, 2006

Anne Broache, Feds approve liberal election rules for Net, C|Net News, March 27, 2006

AP, Net: A Political Free-for-All, Wired News, March 27, 2006

Vice Chairman Lenhard & Commissioner Weintraub, FEC Internet Rulemaking - Background and FAQ, Federal Election Commission, March 24, 2006

Draft of the Final Rule, Federal Election Commission, March 24, 2006

Amendments to the Final Rule, Federal Election Commission, March 27, 2006

For additional information, the complete rulemaking record is located here.

H.R. 1606 (the "Online Freedom of Speech Act") and H.R. 4900

Rep. Hensarling (R-TX), H.R. 1606, To amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from the definition of public communication, introduced April 13, 2005

Rep. Allen (D-ME), H.R. 4900, To amend the Federal Election Campaign Act of 1971 to exclude certain communications made over the Internet from certain requirements of such Act, and for other purposes, introduced March 8, 2006

CDT, Comparison of the Impact on Small Speakers of H.R. 1606 and H.R. 4900, Center for Democracy and Technogloy, March 15, 2006

Leslie Harris & John Morris, Hensarling Bill Would Do Too Little, and Too Much, Center for Democracy and Technology, March 14, 2006

Various, Support for H.R. 4900; Opposition to H.R. 1606, Democracy 21, March 14, 2006

CDT, CDT Endorses Bill to Protect Political Speech Online, Center for Democracy and Technology, March 15, 2006

Kos, HR 1606, the debate, Daily Kos, March 15, 2006

Jerome Armstrong, HR 4900 doesn't look good for MyDD, My DD, March 18, 2006

CDT, CDT Commends FEC For Protecting Political Speakers, Center for Democracy and Technology, March 27, 2006

Various, Statement by Reform Groups on the Internet Regulation Adopted Today by the FEC, Democracy 21, March 27, 2006

 

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r1 - 11 Jan 2008 - 06:21:10 - IanSullivan
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