Chapter%2011 - Chapter 11: Cybertorts, Privacy, and...

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Chapter 11: Cybertorts, Privacy, and Government Regulation David Baumer, Spring 2003
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Cybertorts Because of the ability of the Internet to amplify two torts are particularly important Defamation More people witness defamatory remarks because of the Internet Invasions of Privacy Internet facilitates lost cost acquisition, aggregation, and distribution of personal information
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Defamation Pl. in defamation cases must show Def. made untrue statements about him The statements were published or reproduced in some way Pl.’s reputation was harmed as a result If the def. is the media and the pl. is a public figure , then the pl. must also show the def. Knew the statements were true or had a reckless disregard for the truth
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Defamation Publisher liability Publishers are as liable as the author of defamatory material Distributors (newsstands and libraries) are not liable for libelous material unless they Know or should know that material they are distributing is libelous The first Internet libel cases treated ISPs as distributors and thus exonerated them from liability if they did not supervise the content of what was posted on their server
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Defamation In the Stratton case a court held an ISP liable because the ISP claimed it supervised content to eliminate “adult” material the consequence was that ISPs who tried to weed out porn incurred greater liability for defamation Congress came to the rescue with the Communications Decency Act (CDA) of 1996 The CDA requires the courts to treat ISPs as distributors rather than publishers The CDA also preempts state defamation laws Qualifying as an ISP yields benefits--reprinting erroneous stock tips does not make the ISP liable
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Defamation The CDA protection of ISPs also extends to reproductions of online reporters Some foreigners have sued U.S. businesses for material posted on their web sites Whether there is jurisdiction for such suits is questionable An additional question is whether exemptions under U.S. law shield U.S. firms from defamation suits launched in foreign countries
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This note was uploaded on 09/26/2011 for the course BUSINESS 411 taught by Professor Staff during the Spring '11 term at Youngstown State University.

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Chapter%2011 - Chapter 11: Cybertorts, Privacy, and...

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