Answer the questions. Territoriality. Law Coursework

It is Internet Law.
*These question need to be answered:
Pages 74.
1. One way of looking at Gutnick is as a response to Johnson and Post. Why is Australia unwilling to defer to the Internet?
2. If Australia is able to impose its defamation law on the Internet, can Saudi Arabia also impose its anti-pornography law on the Internet? What about China’s laws against political activism? What content will remain online if each country can impose its idiosyncratic local speech restrictions on the Internet?
3. On the other hand, if Australia can’t control defamation online, does that mean that United States copyright law is also unenforceable? What content will remain online if any country can effectively extend its free speech pro- tections to the Internet?
4. If forced to choose between total control and total freedom, which would you pick? Is there any possible middle ground?
Pages 77,
QUESTIONS
1. In the United States, the First Amendment would have required the plain- tiffs to show that Ehrenfeld’s speech was false and that she knew it was false or acted with reckless disregard of its truth or falsity. Did they meet these burdens?
2. Why did Bin Mahfouz and his sons, all Saudis, sue Ehrenfeld, an American, in England?
3. Mahfouz seems to pit the United Kingdom against the Internet. But another way of looking at the case is as a conflict between two countries. If the court dismisses the case, has the United States effectively imposed its free-speech values on the United Kingdom? If the court allows the case to proceed, has the United Kingdom effectively imposed its strong protections for personal reputation on the United States?
4. The tension between different national laws isn’t new. Indeed, it has existed as long as different countries have had different laws. But perhaps the Inter- net exacerbates those tensions. Could this case have been brought in a pre- Internet era?
Pages 84,
QUESTIONS
1. What are the consequences of the judgment in Mahfouz for Ehrenfeld in a world without the SPEECH Act? With it? Could the Mahfouz plaintiffs col- lect on their judgment in the United States? Would you advise Ehrenfeld to travel to London?
2. What result if the initial judgment had been rendered in a state court in Florida and the plaintiff now seeks to enforce it in a federal court in Califor- nia?
3. In light of the SPEECH Act, is the United States imposing its policies on the world? Without it, would the United Kingdom be imposing its policies on the world? How does the Internet exacerbate the conflict between those policies?
4. How does adding enforcement of judgments into the conflict-of-laws pic- ture change matters? Does the choice between universal censorship and universal permissiveness on the Internet seem as stark as it did after Gut- nick? Do you think that case-by-case ad hoc decisions about whether coun- tries’ courts will enforce foreign judgments will strike an appropriate bal- ance between different national and individual interests?
Pages 85
QUESTION
Does the availability of extradition extend countries’ legal reach? How does it af- fect the global nature of the Internet?
Pages 90-91
QUESTIONS
1. Is this the same problem as in Gutnick, or has anything changed?
2. Does Equustek do an appropriate job of balancing domestic concerns with
the interests of other countries and their residents?
3. Equustek shows how search engines are a potential point of control for en- forcing laws online. Are there others? The Stop Online Piracy Act, intro- duced in the House in 2011, but dropped by its sponsors in the face of mas-
Chapter 2: Jurisdiction 91
sive online and offline protests in early 2012, would have increased copy- right enforcement by allowing injunctions against search engines, payment networks, advertising platforms, and domain-name servers, requiring them to cut off service to specific identified “foreign infringing sites.” What could these entities do to reduce infringement? Are there risks to this kind of en- forcement strategy? Why did online activists argue that SOPA would “break the Internet?”
4. Is Google likely to comply with the injunction in Equustek? Why or why not? Consider ...
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