Publications

By Reece Roman SummaryTry to imagine life without the Internet. Over the last half century, the dramatic growth of the Internet has fundamentally changed the way humans shop, communicate, and entertain themselves. The Internet’s one billion users make nearly six billion searches a year. The growth of the Internet has been dramatic, with usage increasing 200 percent since 2000. According to the Department of Commerce (DoC), e-commerce now accounts for over fifty-six billion dollars in retail sales annually in the United States (U.S.) alone. As the Internet has grown, challenging technological issues associated with the Internet’s administration have arisen. What began as a simple communication between two Massachusetts and California computers has become a complex network of hardware and data. To manage this infrastructure, some administrative body is required. The Internet’s administrative body has taken a number of forms over the years. Initially, the U.S. government managed the Internet in partnership with various research institutions. However, the rapidly advancing needs of the market outpaced government competency and it became clear U.S. government administration was inadequate. The U.S. government then experimented with several administrative bodies whose task was to implement the domain name system (DNS) and technically manage the growth of the Internet. As the Internet’s popularity boomed, these bodies were overwhelmed by the technical demands and complex legal issues associated with administering the DNS. Criticism mounted, both domestically and internationally. In response to these criticisms the Internet Corporation for Assigned Names and Numbers (ICANN) emerged as the recognized authority charged with DNS governance. Although ICANN is purportedly an independent non-profit organization, the U.S. government retains ultimate control of the DNS through unique contractual arrangements between ICANN and the DoC.

By Eric Waldman Peer-to-peer (“P2P”) technology distributors, particularly Grokster and Streamcast Networks, will not miss the year 2005. In June of that year, the United States Supreme Court handed down one of the most anticipated copyright cases in recent memory. In MGM Studios Inc. v. Grokster, the Court held that a distributor of software may be liable for acts of infringement by third parties who use the software if that distributor has taken “affirmative steps to foster infringement” regardless of the device’s lawful uses, a test now known as “active inducement.” Grokster and Streamcast Networks are two P2P companies whose software was used by individuals to distribute copyrighted works. The Court found that the defendants could be liable for inducing copyright infringement. After the decision, the only content found on Grokster’s website contained a couple of paragraphs, one of which read, “[t]here are legal services for downloading music and movies. This service is not one of them.” The decision not only made a statement to Grokster, but also to all P2P companies who actively induce infringement.

By David Ray Try to imagine life without the Internet. Over the last half century, the dramatic growth of the Internet has fundamentally changed the way humans shop, communicate, and entertain themselves. The Internet’s one billion users make nearly six billion searches a year. The growth of the Internet has been dramatic, with usage increasing 200 percent since 2000. According to the Department of Commerce (DoC), e-commerce now accounts for over fifty-six billion dollars in retail sales annually in the United States (U.S.) alone. After providing a brief history of the Internet and a review of how the DNS operates, this paper examines a number of criticisms that have forced ICANN to confront the challenge of an increasingly hostile international community. This paper identifies several international alternatives to ICANN and evaluates their effectiveness. Ultimately this paper concludes management of the DNS by an international organization is unrealistic, inadvisable, or both. This reality necessitates a restructuring of ICANN to adequately address the international concerns surrounding the current framework.

By Ryan Crawford Summary: Advances in genetic modification techniques enable the creation of crops with commercially desirable characteristics. Recombined gene sequences may be inserted into a crop’s genome to protect it against herbicides, insects, or rodents. In the United States, a variety of patent and trade secret protections are afforded the developers of such crops and other genetically modified organisms. The scope of these protections has been interpreted more broadly over the years by the courts. This broadening of legal protections has occurred as the relationship between the developers of seed, the government, and farmers has changed from one in which seed development was largely the work of the government and academia, especially public universities and land grant colleges, to one in which seed development is increasingly privatized, or accomplished through the alliance of private and public forces.

By Lisa Wines Summary: While the use of electronic payment methods in the United States steadily increases, we still depend on paper checks more than any other industrialized nation in the world. Reliance on paper checks carries with it logistical and security limitations, which create a degree of exposure to fraud for all parties involved. As this exposure has become more apparent in recent years, Congress recently passed The Check Clearing for the 21st Century Act as a step toward a fully digital payment system. While the Uniform Commercial Code governs transactions involving paper checks, electronically converted checks and substitute checks are governed by the National Automated Check Clearinghouse Operating Rules and Regulation E. When State and Federal law conflict on a check-related issue, the Act preempts the inconsistent laws.