Scott T. Jansen


The explosive impact of the Internet has, by its very existence and lack of defining boundaries, opened the door to a fundamental shift in our traditional conceptions of commerce, interaction and accessibility to information. As the law struggles to address this medium of communication - as a realm unto itself requiring new law or simply as another method of communication to which we will apply traditional notions - technology continues to march forward. New conundrums seem to pop up each year, as the World Wide Web further invades daily life. Of course, the usual suspects are involved: free speech, privacy, free press. But other challenges arise in the very modem area of intellectual property law - for instance, does a Web site created specifically for consumers in New York infringe the rights of a trademark holder in California merely because she can see it on her home computer in Los Angeles? Or is an invention, described by a Miami inventor on his Italian-language home page but never physically created, considered published in Europe because someone in Milan read it on the Web site? Intellectual property aside, what of the ability of a man in Atlanta to harm a woman in Seattle by posting terrible lies about her Online, or even stalking her in Cyberspace?

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