Cyberspace Law: Cases and Materials, Fifth Edition

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The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches.

Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality.

New to the Fifth Edition:

• South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce.
• A new section devoted to Free Speech and the right to access online platforms:
  • Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications.
  • Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users.
  • The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality.
• A new copyright section devoted to fair use.
• A new and reorganized Privacy chapter including:
  • The Fourth Amendment protection of:
    • geolocation data
    • metadata
  • A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations
  • A new section on the European Union’s Genera Data Protection Regulation (GDPR)
  • New cases discussing privacy torts and revenge porn
• New materials on the Computer Fraud and Abuse Act including:
  • U.S. v. Nosal
  • HiQ Labs, Inc. v. LinkedIn Corp.
  • Pulte Homes, Inc. v. Laborer’s Int’l Union of North America
• A reorganized and updated chapter on Private Ordering including:
  • Starke v. SquareTrade
  • Materials on the European Union’s antitrust investigation and orders into Google and Amazon

Professors and students will benefit from:

• Practical “real world” problems
• Flexible, logical organization that allows instructors to emphasize selected perspectives
• Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge