BKCBRLAW.RVW   20021126

"Cyberlaw: National and International Perspectives", Roy J. Girasa,
2002, 0-13-065564-3
%A   Roy J. Girasa rgirasa@pace.edu www.prenhall.com/girasa
%C   One Lake St., Upper Saddle River, NJ   07458
%D   2002
%G   0-13-065564-3
%I   Prentice Hall
%O   +1-201-236-7139 fax: +1-201-236-7131
%O  http://www.amazon.com/exec/obidos/ASIN/0130655643/robsladesinterne
%P   433 p.
%T   "Cyberlaw: National and International Perspectives"

The back cover states that this is the "most comprehensive Internet
law text for students of any discipline."  The preface doesn't really
contradict that statement, but then, it doesn't really specify a
particular audience.  The text itself, on the other hand, does not
appear to be a reference, but rather a textbook for law students, and
law students only.

Part one provides an introduction and examines jurisdiction.  Chapter
one is an introduction and overview of both the technology and law. 
This demonstrates a number of limitations (the technology is limited
to the Internet), and biases.  (The definition of the Internet is
taken from a "Finding of Fact" in the case that struck down the
Communications Decency Act and contains a number of errors in
terminology and well, fact.  The legal system is described only in
terms of the various levels of US courts.)  A number of cases
regarding jurisdiction, first between US states and then between
states and foreign States, is presented in chapter two.  While this
will undoubtedly be of value to US lawyers engaged in such battles,
for the layman the best that can be determined is that a) the
situation is indeterminate, and b) the material is confusing.

Part two deals with contracts, torts, and criminal law aspects of
cyberspace.  Chapter three looks at US case law regarding contracts
and torts, including related topics such as commercial codes such as
UCITA.  (Many implications of the legislation are poorly expressed:
there are several paragraphs describing the implied warranties under
UCITA, and a brief mention of the fact that using the words "as is"
voids them all.)  The construction of chapter four is very odd, since
it begins with a review of international statutes dealing with
commercial online transactions, and then moves on to torts, and back
to US cases.  Although the first presentation of criminal cases is
from Germany, all of the remaining material in chapter five, primarily
on censorship, obscenity, and a little fraud, comes from the US.

Part three looks at intellectual property rights.  Most of the
copyright cases in chapter six, all from the US, deal with general
issues not directly related to technology, while the cases presented
in chapter seven are more technology related.  Chapter eight deals
with trademarks, and the relation to technology is primarily made in
terms of cybersquatting (the practice of registering a domain name
using a famous name or trademark, so that the owner must buy it from
you).  Patents and trade secrets are covered in chapter nine, and the
relation to network technology is rather slim.

Part four addresses privacy and security issues.  Except that there is
only chapter ten, on privacy.

Part five talks about antitrust, securities regulation, and
relaxation.  Antitrust, in chapter eleven, covers Microsoft, IBM, and
a number of others.  Chapter twelve's review of securities regulation
cases primarily deals with fraud, and the technical links are
basically irrelevant.  The taxation of net businesses is in chapter
thirteen.

AS a textbook for law school students, this is probably useful.  The
cases are collected, and questions are asked to get students to think
about various aspects of cases, and related precedents that might be
applicable.  For non-lawyers, and non-students, the content is
extremely frustrating: all questions and no answers.

copyright Robert M. Slade, 2002   BKCBRLAW.RVW   20021126