E-Law 2.0: Computer Information Systems Law and System Operator Liability Revisited
AbstractThe article examines the current regulatory structure in the United States governing some of the "Empires of Cyberspace" such as electronic bulletin board systems (BBSs), electronic databases and file servers. The author draws analogies between these computer information systems and a number of the more "traditional" communications media, such as print publishers, and examines the issues which are pertinent to these media, such as defamation (and related constitutional protection of defamatory "speech" on these electronic fora) and violation of copyright, as they apply to computer electronic systems. The article also discusses the liability of the operators/administrators of these systems ("Sysops") in this context, and includes an examination of the relevant legislation. The author outlines the difficulties involved in applying current regulatory standards to electronic publishing and Cyberspace in general, and contends that, although many of the current laws will work well if adapted to computer information systems, the creators of the law - judges, juries, lawyers and legislators - need to have an adequate understanding of the technology relevant to computer systems if the laws are to effectively regulate such a rapidly changing area as this, and not to lag behind. |