In 1787, Thomas Jefferson, then the American Minister to France, had the "complete skeleton, skin &amp; horns" of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace--what it is, how it works, and how it should be governed. What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom? Post presents the Jeffersonian ideal--small self-governing units, loosely linked together as peers in groups of larger and larger size--as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace. In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.

In Search of Jefferson's Moose: Notes on the State of Cyberspace (Law and Current Events Masters)

Computers & Technology

Post, David G.

Networking & Cloud Computing

Oxford University Press

This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which broader issues can be re-examined. The book goes beyond simply plugging Internet-related cases into a series of pre-existing categories, instead emphasizing conceptual debates that cut across the areas of doctrine touched by cyberspace. It also uses the rise of the Internet to encourage readers to reconsider various assumptions in traditional legal doctrine, providing training in Internet-related legal issues while making the argument that cyberlaw is a coherent and useful field of study.

Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (American Casebook)

Bellia, Patricia L.

Berman, Paul Schiff

Computer Science

West Group

This edition has been reorganized to clarify the themes of the book and updated to illuminate new debates at the heart of this evolving field. It groups the material into units addressing the who, how, and what of governance/regulation-fundamental questions that pertain to any legal system, in cyberspace or elsewhere. It includes unit-ending case studies on governance of the domain name system, efforts to control the exchange of counterfeit goods in the online marketplace, and the Google Books Settlement, as well as updated treatment of a number of topics, including peer-to-peer file sharing, online behavioral advertising, and more.

Cyberlaw: Problems of Policy and Jurisprudence in the Information Age, 4th (American Casebook Series)

Frischmann, Brett M.

Legal Theory & Systems

West Academic Publishing

Restoring the Balance between Protection and Innovation The Constitution gives Congress the power to establish copyright “to promote the Progress of Science and useful Arts.” This requires Congress to engage in a delicate balancing act, giving authors enough protection that they will be motivated to create expressive works, but not so much that it hampers innovation and public access to information. Yet over the past half-century Congress has routinely shifted the balance in only one direction—away from access and freedom and toward greater privileges for organized special interests. Conservatives and libertarians, who are naturally suspicious of big government, should be skeptical of an ever-expanding copyright system. They should also be skeptical of the recent trend toward criminal prosecution of even minor copyright infringements, of the growing use of civil asset forfeiture in copyright enforcement, and of attempts to regulate the Internet and electronics in the name of piracy eradication. Copyright Unbalanced is not a moral case for or against copyright; it is a pragmatic look at the excesses of the present copyright regime and of proposals to expand it further. It is a call for reform—to roll back the expansions and reinstate the limits that the Constitution’s framers placed on copyright. About the Editor Jerry Brito is a senior research fellow at the Mercatus Center at George Mason University and director of its Technology Policy Program. He also serves as adjunct professor of law at Mason. He has written for both online and print publications, including the Wall Street Journal, New York Times, Reason, Wired.com, Ars Technica, and The Atlantic. Brito is the co-author of Regulation: A Primer, with Susan Dudley. About the Contributors Tom W. Bell is a professor at Chapman University School of Law and an adjunct fellow of the Cato Institute. He is the coeditor of Regulators’ Revenge: The Future of Telecommunications Deregulation, with Solveig Singleton. Eli Dourado is a research fellow at the Mercatus Center at George Mason University with the Technology Policy Program. Timothy B. Lee is an adjunct scholar at the Cato Institute. He covers technology policy for Ars Technica and has written for both online and print publications, including Slate, Reason, Wired.com, and the New York Times. Christina Mulligan is a postdoctoral associate in law and a lecturer in law at the Information Society Project at Yale Law School. David G. Post is professor of law at the Beasley School of Law at Temple University, where he teaches intellectual property law and the law of cyberspace. He is the author of In Search of Jefferson’s Moose: Notes on the State of Cyberspace and coauthor of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age, with Paul Schiff Berman, Patricia Bellia, and Brett Frischmann. Post is a regular contributor to the influential Volokh Conspiracy blog. Patrick Ruffini is president of Engage, a digital media firm with clients including Fortune 500 companies, presidential and statewide candidates, technology startups, and issue advocacy campaigns. Reihan Salam is a policy advisor at Economics 21, a contributing editor at National Review, a Reuters opinion columnist, and a CNN contributor. He is the coauthor of Grand New Party: How Republicans Can Win the Working Class and Save the American Dream, with Ross Douthat.

Copyright Unbalanced: From Incentive to Excess

Business & Money

Salam, Reihan

Bell, Tom W.

Brito, Jerry

Dourado, Eli

Lee, Timothy B.

Mulligan, Christina

Ruffini, Patrick

Economics

Mercatus Center at George Mason University

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