Vol 7 No 1 - Roger Williams University School of Law

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ural and remote areas, where access to information andcommunications technologies [ICT], even to a telephone,is often scarce. Most of the information exchanged overglobal networks such as the Internet is in English, thelanguage of less than ten percent of the world’spopulation.10Those statistics, while grim, are not surprising. As the Reportrecognizes, they reflect the general socio-economic disparitybetween the developed and less-developed world.11The DOT Force Report sets forth nine action points as itsGenoa Plan of Action.12 They are:1. Help Establish and Support Developing Country &Emerging National e-Strategies;2. Improve Connectivity, Increase Access and Lower Costs;3. Enhance Human Capacity Development, KnowledgeCreation and Sharing;4. Foster Enterprise and Entrepreneurship for SustainableEconomic Development;5. Establish and Support Universal Participation inAddressing New International Policy and TechnicalIssues raised by the Internet and ICT;6. Establish and Support Dedicated Initiatives for the ICTInclusion of the Least Developed Countries;7. Promote ICT for Health Care and in Support AgainstHIV/AIDS and Other Infectious and CommunicableDiseases;8. National and International Effort to Support LocalContent and Applications Creation;9. Prioritize ICT in G8 and Other Development AssistancePolicies and Programmes and Enhance Coordination of10. Id. at 6.11. See id.[The] “digital divide” is, in effect, a reflection of existing broader socioeconomicinequalities and can be characterized by insufficient infrastructure,high cost of access, inappropriate or weak policy regimes, inefficiencies in theprovision of telecommunication networks and services, lack of locally createdcontent, and uneven ability to derive economic and social benefits frominformation-intensive activities.Id.12. Genoa was the site of the G8 meetings from July 19-22, 2001.
Multilateral Initiatives.13The DOT Force places responsibility for implementing its planwith developing countries’ governments working alongsidecorporations and non-governmental organizations.14 It plans toplay an advisory role in assisting these entities in taking therelevant steps toward bridging the “Digital Divide.”15Reducing a problem as complex as the global “Digital Divide”to a nine-step plan of action is indeed a noteworthyaccomplishment. However, skeptics might question whether—even if the DOT Force plan would work—the money and willexists to implement it. Translating the plan from politicalplatitudes into action requires money, and the Report says littleabout from what sources and in what magnitude that money willcome. Further, the Report makes certain assumptions about thedesirability of competitive markets that some nations do notshare.16 Developing countries may not be interested in the GenoaPlan if they view it as simply another way in which the developedworld seeks to foist its policy agenda on less-developed countries.Indeed, the most difficult part of implementing any global planmay be determining how to accommodate local cultural valuesthat can vary widely, even within a single country.B. Access to Broadband TechnologiesDecisions of policymakers will also influence what technologycitizens have access to, and under what terms. Technologymarches on, but only about five percent of American householdshave access to broadband.17 One definition describes broadband13. See Digital Opportunity Task Force, supra note 1, at 13-20.14. See id. at 10.15. See id. (“[T]he DOT Force can . . . play a critical and significant role bysuggesting, initiating and/or supporting these actions.”).16. See id. at 8 (stating that “pro-competitive policies” are prerequisites to thedevelopment of communications infrastructure and access, which are required toreduce the digital divide).17. The Internet Freedom and Broadband Deployment Act of Law: Hearing onH.R. 1542 Before the House Comm. on the Judiciary, 107th Cong. (2001), available at2001 WL 21755660, at *3 (statement by James K. Glassman, Resident Fellow,American Enterprises Inst., House Comm. on the Judiciary) (“Today, barely 5 percentof households have even the most rudimentary form of broadband—or fast access to theInternet. As a result, the promise of the Internet is not being enjoyed by 95 percent ofAmericans—an increasingly frustrated group. Incredibly, in the first quarter of thisyear, for the first time ever, the number of Americans with Internet access of any sort
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ROGER WILLIAMS UNIVERSITYLAW REVIEW
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ROGER WILLIAMS UNIVERSITYSCHOOL OF
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Identification StatementThe Roger W
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contract exclusion or disclaimer of
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and other laws of countries in whic
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Symposium and writes on this issue
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Indeed, the quotation contains the
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suggestive of a bill designed merel
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United States ought to adopt in lig
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the Supreme Court to reiterate in F
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United States Supreme Court quoted
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copying of “a work protected unde
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shall be null and void.65 Member st
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determining the fate of database pr
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The compilation of a database requi
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management information, including c
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one congressional witness noted:
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that were made after the initial te
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preferred language of many business
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the sui generis right mainly serves
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the Paris Convention for the Protec
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directly or indirectly.159 In other
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of resources that qualifies that po
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wish to encourage private lawsuits,
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contract.”185 While section 1405(
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The Directive will inevitably drive
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the process through which digital p
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the United States or the trade and
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patent law is the utilitarian ethic
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a work to be publicly identified as
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the United States, the power of the
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Theory one proposes to reward the a
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of intellectual property rights mus
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only such as are original, and are
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emedies set forth in section 1406.T
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eproduced, though there be no ingen
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the same, or substantially the same
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with respect to “patents of inven
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Because, in part of the joint reaso
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even by the plaintiffs today.86The
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statute: the “Limited Times” re
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head of power. It is not clear whet
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elationship of power between the Co
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history dealing with either provisi
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the parameters of the propertizatio
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the legislative power contained in
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negative pregnant that suggests tha
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scope of the Commerce Clause in the
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gave incentive for people to expres
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ejected this purported distinction
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talk, communicate or consume inform
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frameworks that will allow diversit
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that a monopolist should not seek t
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motivating force.While antitrust or
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unjustifiable anti-competitive cond
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his refusal to sell or license his
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Page 122 and 123: In response to Intel’s argument t
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Page 134 and 135: for circumventing a technological p
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Page 158 and 159: implemented. As this section will h
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Page 172 and 173: decrease innovation.30 On the other
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Page 178 and 179: Universal Music Group uses software
Page 180 and 181: Taking UCITA on the Road: WhatLesso
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Page 184 and 185: It is against this background that
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the intellectual property balance o
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Other Substantive IssuesThere are,
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law,153 and many of UCITA’s provi
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nature of law-making both domestica
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Transactions Act).
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acts of copyright infringement.7 Un
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these rights.I. ISP LIABILITY FOR T
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Cubby, the court in Stratton Oakmon
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liability for third-party content.5
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network and removed the edition of
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subscribers’ conversations.84 Fur
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holder.92 Contributory liability ap
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and Klemesrud on the counts of dire
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eport, the White Paper on Intellect
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imposed ISP liability both in insta
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any infringing material either upon
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provider liability, the European Co
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of a defamatory statement.While saf
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defamation.184 One case that illust
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material that appears questionable
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FBI’s Carnivore: Is the Governmen
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and the legal limits of government
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II. CONSTITUTIONAL ANALYSISA. Const
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application developed in Katz v. Un
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Amendment protections.50Substantial
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communicating over the Internet pos
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court will likely, as it has often
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unconstitutional.81 Although CALEA
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data attributable to the target sus
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FBI facility for subsequent examina
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EPCA Section 2518 provides that upo
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The FBI has stated that its use of
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provision,143 but judging from the
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