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Answer the questions. Territoriality. Law Coursework

Coursework Instructions:



It is Internet Law.

*These question need to be answered:

Pages 74.

1. One way of looking at Gutnick is as a response to Johnson and Post. Why is Australia unwilling to defer to the Internet?

2. If Australia is able to impose its defamation law on the Internet, can Saudi Arabia also impose its anti-pornography law on the Internet? What about China’s laws against political activism? What content will remain online if each country can impose its idiosyncratic local speech restrictions on the Internet?

3. On the other hand, if Australia can’t control defamation online, does that mean that United States copyright law is also unenforceable? What content will remain online if any country can effectively extend its free speech pro- tections to the Internet?

4. If forced to choose between total control and total freedom, which would you pick? Is there any possible middle ground?



Pages 77,



QUESTIONS

1. In the United States, the First Amendment would have required the plain- tiffs to show that Ehrenfeld’s speech was false and that she knew it was false or acted with reckless disregard of its truth or falsity. Did they meet these burdens?

2. Why did Bin Mahfouz and his sons, all Saudis, sue Ehrenfeld, an American, in England?

3. Mahfouz seems to pit the United Kingdom against the Internet. But another way of looking at the case is as a conflict between two countries. If the court dismisses the case, has the United States effectively imposed its free-speech values on the United Kingdom? If the court allows the case to proceed, has the United Kingdom effectively imposed its strong protections for personal reputation on the United States?

4. The tension between different national laws isn’t new. Indeed, it has existed as long as different countries have had different laws. But perhaps the Inter- net exacerbates those tensions. Could this case have been brought in a pre- Internet era?



Pages 84,

QUESTIONS

1. What are the consequences of the judgment in Mahfouz for Ehrenfeld in a world without the SPEECH Act? With it? Could the Mahfouz plaintiffs col- lect on their judgment in the United States? Would you advise Ehrenfeld to travel to London?

2. What result if the initial judgment had been rendered in a state court in Florida and the plaintiff now seeks to enforce it in a federal court in Califor- nia?

3. In light of the SPEECH Act, is the United States imposing its policies on the world? Without it, would the United Kingdom be imposing its policies on the world? How does the Internet exacerbate the conflict between those policies?

4. How does adding enforcement of judgments into the conflict-of-laws pic- ture change matters? Does the choice between universal censorship and universal permissiveness on the Internet seem as stark as it did after Gut- nick? Do you think that case-by-case ad hoc decisions about whether coun- tries’ courts will enforce foreign judgments will strike an appropriate bal- ance between different national and individual interests?



Pages 85

QUESTION

Does the availability of extradition extend countries’ legal reach? How does it af- fect the global nature of the Internet?



Pages 90-91

QUESTIONS

1. Is this the same problem as in Gutnick, or has anything changed?

2. Does Equustek do an appropriate job of balancing domestic concerns with

the interests of other countries and their residents?

3. Equustek shows how search engines are a potential point of control for en- forcing laws online. Are there others? The Stop Online Piracy Act, intro- duced in the House in 2011, but dropped by its sponsors in the face of mas-

Chapter 2: Jurisdiction 91

sive online and offline protests in early 2012, would have increased copy- right enforcement by allowing injunctions against search engines, payment networks, advertising platforms, and domain-name servers, requiring them to cut off service to specific identified “foreign infringing sites.” What could these entities do to reduce infringement? Are there risks to this kind of en- forcement strategy? Why did online activists argue that SOPA would “break the Internet?”

4. Is Google likely to comply with the injunction in Equustek? Why or why not? Consider ...

My classroom is going to start at 12:15 pm so I would like to have this answer by 12 pm.(EST -Time zone)

Coursework Sample Content Preview:
Territoriality
Name
Institution
Territoriality
Pages 74.
1. One way of looking at Gutnick is as a response to Johnson and Post. Why is Australia unwilling to defer to the Internet?
According to the case Dow Jones & Co. V Gutnick (2002), Australia is unwilling to defer to the internet because its laws emphases reputation. In this context, the county chose the traditional state-oriented strategy to defamation method of law to use local law at the cost of making it easier to communicate internationally. The legal constraints entail defamation and provide punishment for violations.
2. If Australia is able to impose its defamation law on the Internet, can Saudi Arabia also impose its anti-pornography law on the Internet? What about China’s laws against political activism? What content will remain online if each country can impose its idiosyncratic local speech restrictions on the Internet?
Yes, each country can impose its own local speech restrictions on the internet. Based on Dow Jones & Co. V Gutnick (2002), each jurisdiction has its conditions that reflect the local cultural and legal norms. These variables are used to balance between expression and information, while also protecting the privacy, honor and reputation of individuals. Content will still be available if the publishers adapt to the local requirements to avoid liability.
3. On the other hand, if Australia can’t control defamation online, does that mean that United States copyright law is also unenforceable? What content will remain online if any country can effectively extend its free speech protections to the Internet?
No, it does not mean that the United States copyright law is also unenforceable. The case Dow Jones & Co. V Gutnick (2002) suggests that any individual who seeks to make profits in the United States will be subjected to legal scrutiny. The United States has constitutional protections that support free speech which is not the case in Australia. No content might not exist online if any country extends its free speech protection online, and the internet only flourishes due to freedom.
4. If forced to choose between total control and total freedom, which would you pick? Is there any possible middle ground?
Based on the case Dow Jones & Co. V Gutnick (2002), the best option would be total control. The potential reach for the internet is uncontrollable, so control will ensure that damages do not occur due to deformation. This is an excellent mechanism to protect the internet. A middle ground can also exist where publishers have some freedom, but they have to consider some limitations to what they release on the internet. Based on Lawrence’s Lessig code 2.0, norms that will impact the case includes restrictions to control use. Market constraints are pricing structures so that users have to purchase the books. The use of technology involves the use of hardware and software features to restrict some freedoms.
Pages 77,
QUESTIONS
1. In the United States, the First Amendment would have required the plaintiffs to show that Ehrenfeld’s speech was false and that she knew it was false or acted with reckless disregard of its truth or falsity. Did they meet these burdens?
Based on the Mahfouz V. Ehrenfeld (2005) case, the plaintiffs have a burden to show that the disputed statements were not true, but they failed to do so. The judgement a made in Mahfouz’s favor who was notorious for libel tourism. The legal constraints include defamation.
2. Why did Bin Mahfouz and his sons, all Saudis, sue Ehrenfeld, an American, in England?
According to the case Mahfouz V. Ehrenfeld (2005), Bin Mahfouz and his sons, all Saudis, sued Ehrenfeld in England since the country has stricter libel laws in comparison to America. The book was also published in Wales and England which contained defamatory allegations that the claimants were supporting and funding terrorism. The norms entail banning to restrict some behaviors.
3. Mahfouz seems to pit the United Kingdom against the Internet. But another way of looking at the case is as a conflict between two countries. If the court dismisses the case, has the United States effectively imposed its free-speech values on the United Kingdom? If the court allows the case to proceed, has the United Kingdom effectively imposed its strong protections for personal reputation on the United States?
In the case of Mahfouz V. Ehrenfeld (2005), if the courts dismissed the case, then America would have imposed its free-speech values to the United Kingdom. If the UK manages to proceed with the case, then it would have imposed its strong protections for personal reputation on the united states. In this case, the foreign libel plaintiffs have managed to bypass the protected free speech by the First Amendment. The conflict between the two countries has resulted in libel tourism where the First Amendment is obstructed whereby American publishers and authors are sued for defamation in British courts where there is a straightforward legal standard that makes it easier to recover.
4. The tension between different national laws isn’t new. Indeed, it has existed as long as different countries have had different laws. But perhaps the Internet exacerbates those tensions. Could this case have been brought in a pre- Internet era?
The Mahfouz V. Ehrenfeld (2005) case would not have arisen during the pre-internet era. The new trend is a result of the internet and technological developments in hardware and software worldwide that have made it easier to publish a document, and it will be available in multiple jurisdictions. This allows the libel plaintiff to initiate litigation in any country that the publication appears. The market constraints such as the digital divide mean different laws will apply in various jurisdictions.
Pages 84,
QUESTIONS
1. What are the consequences of the judgment in Mahfouz for Ehrenfeld in a world without the SPEECH Act? With it? Could the Mahfouz plaintiffs collect on their judgment in the United States? Would you advise Ehrenfeld to travel to London?
The consequence of the judgment in Mahfouz V. Ehrenfeld's (2005) case in a world without the SPEECH Act is that it will increases lawsuits or libel tourism. According to Lawrence’s Lessig code 2.0, the legal constraints in this case is free speech. With the presence of the act, the US counts at the federal and state level are not required to enforce or recognize foreign judgements in defamation cases, so the judgement would not have any consequences. Mahfouz’s plaintiffs can collect in the US since the county follows the doctrine ...
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