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[ga] How to regulate the Net? Target intermediaries...
- To: General Assembly of the DNSO <ga@xxxxxxxxxxxxxx>, essential ecom <ecommerce@xxxxxxxxxxxxxxxxxxx>
- Subject: [ga] How to regulate the Net? Target intermediaries...
- From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
- Date: Thu, 14 Apr 2005 21:46:04 -0700
- Organization: INEGroup Spokesman
- Sender: owner-ga@xxxxxxxxxxxxxx
All,
-------- Original Message --------
Subject: Article on Internet Regulation
Date: Thu, 7 Apr 2005 14:13:31 -0500
From: Seth Belzley <seth@xxxxxxxxxxx>
To: <declan@xxxxxxxx>
I wanted to let you know about an article written by Ronald Mann and me
that is forthcoming in William & Mary Law Review and was recently posted
at ssrn, http://papers.ssrn.com/abstract_id=696601.
The paper is called "The Promise of Internet Intermediary Regulation."
It argues that gatekeeper liability for certain internet intermediaries
like payment intermediaries is likely to be the most effective way of
ending certain illegal online conduct.
This approach is gaining favor among law enforcement officials like
Eliot Spitzer, who just headed the agreement with payment intermediaries
to end the sale of cigarettes over internet.
See
http://news.com.com/Online+sales+of+cigarettes+go+up+in+smoke/2100-1038_3-5653134.html.
The article is not revolutionary in its approach, but it does represent
the first attempt to create a framework for analyzing the propriety of
imposing liability on intermediaries in any particular situation. And
it endorses an approach that has been considered since the
commercialization of the internet and is beginning to take hold. This
makes the paper particularly timely.
If you think this deserves a note on Politech, that would be great. If
you have any questions, please let me know.
Thanks,
Seth Belzley
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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