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  • Filth, Filtering, and the First Amendment: Ruminations on Public Libraries’ Use of Internet Filtering Software

    Bell, Bernard W. (Digital Repository @ Maurer Law, 2001-03-01)
    Traditionally, whenever the government has sought to regulate speech, analysis of its action focused on conventional issues, such as the type of forum involved, whether the government acted in a regulatory or a proprietary role, and whether the regulation could be defined as a prior restraint. With the advent of the Internet and the opportunity for the widespread dissemination of viewpoints, however, new issues have arisen. This Article focuses on the complex questions public libraries face when filtering material, usually of a sexually explicit nature, from the public using filtering software. This Article contends that public libraries require a unique analysis because they represent the government by facilitating access to speech. With this in mind, this Article discusses several arguments for and against the use of filtering software, and concludes that public libraries should be able to employ such tools, but, at the same time, meet certain requirements in their implementation.
  • Is It Time to Recreate the E-rate Program?

    Holt, Lynne; Galligan, Mary (Digital Repository @ Maurer Law, 2012-03-01)
    The Schools and Libraries program, commonly known as the "E-rate" program, was created by the FCC in 1997, as authorized by the federal Telecommunications Act of 1996. The E-rate program provides eligible schools and libraries with discounts of 20 to 90 percent from the rates charged by providers of telecommunications services, Internet access, and internal network connections. These discounts are paid from the federal Universal Service Fund under the regulatory oversight of the FCC. The FCC has modified certain aspects of the program since its inception but has not modified its highest programmatic funding priorities-support for telecommunications and Internet access. The authors explain why these priorities should be revisited in light of regulatory, technological, and educational changes. They also summarize the criticisms levied against the E-rate program, as currently configured, and they provide several recommendations for restructuring the program.
  • Government-Provided Internet Access: Terms of Service as Speech Rules

    Armijo, Enrique (FLASH: The Fordham Law Archive of Scholarship and History, 2016-03-19)
  • World leader or village idiot? : an examination of Internet content regulation in Australia

    Penfold, Carolyn, Law, Faculty of Law, UNSW (University of New South Wales. Law, 2004)
  • New Licensing Models for Online Music Services in the European Union: From Collective to Customized Management

    Mazziotti, Giuseppe (2011)
    A few years after the enactment and the implementation in the Member States of the European Union of the most comprehensive directive for the harmonization of national copyright laws in the so-called "Information Society", the European Commission started reviewing how copyright and related rights were being commercially exploited in the digital environment. Unsurprisingly, in 2005 the Commission eventually realized that copyright management gave rise to licensing practices that segmented the so-called "Internal Market" on a strictly in-territorial basis, in spite of the borderless nature of Webbased environments. From then onwards, the Commission has been in search of solutions to tackle economic inefficiencies stemming from territorial restrictions in copyright management and to eventually boost the growth of legitimate online content services, starting with music services.

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