Zoning the Internet: A New Approach to Protecting Children Online

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children\u27s access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the technological workings of the Internet, this Article describes the Internet Community Ports Act (ICPA), which supports and enforces the zoning divisions. Together technology and legislation can create safe places forchildren and families on the Internet. The bulk of the Article discusses the constitutional implications of ICPA and how it will survive even strict scrutiny. Finally, it responds to a variety of other issues, such as market disincentives to separating content, the failed Dot Kids approach, the risk of chilled speech, stigma, and over-blocking, and the problems with filters

Lawyers\u27 Abuse of Technology

Lawyers are highly educated and, allegedly, of higher than average intelligence, but sometimes individual lawyers demonstrate colossal errors in judgment, especially when insufficiently trained in the new and emerging risks involved with the technological age. For instance, although the internet is a necessary tool for attorneys\u27 and is now a prominent feature in the everyday lives of all actors in the legal system, this technology poses particularized and often unanticipated risks of professional and ethical abuse -- risks that are extraordinary both in quantity and intensity. As Harvard\u27s Director of the Center for the Legal Profession warned: We are only at the forefront of seeing the kind of changes that technology is likely to bring to legal practice, and these changes will have a profound effect on how we think about regulating lawyers. Unfortunately, the American Bar Association (ABA) missed an opportunity it had with its own Ethics 20/20 Commission to address meaningful changes in the practice of law wrought by technology. However, the opportunities for unethical and unprofessional behavior in the use of electronic communications and storage cannot be ignored. This Article assesses the risks of technology abuse and proposes a scheme for addressing the professional and ethical problems that have and will continue to accompany the shift to digital lawyering

Lawyers\u27 Abuse of Technology

Lawyers are highly educated and, allegedly, of higher than average intelligence, but sometimes individual lawyers demonstrate colossal errors in judgment, especially when insufficiently trained in the new and emerging risks involved with the technological age. For instance, although the internet is a necessary tool for attorneys\u27 and is now a prominent feature in the everyday lives of all actors in the legal system, this technology poses particularized and often unanticipated risks of professional and ethical abuse -- risks that are extraordinary both in quantity and intensity. As Harvard\u27s Director of the Center for the Legal Profession warned: We are only at the forefront of seeing the kind of changes that technology is likely to bring to legal practice, and these changes will have a profound effect on how we think about regulating lawyers. Unfortunately, the American Bar Association (ABA) missed an opportunity it had with its own Ethics 20/20 Commission to address meaningful changes in the practice of law wrought by technology. However, the opportunities for unethical and unprofessional behavior in the use of electronic communications and storage cannot be ignored. This Article assesses the risks of technology abuse and proposes a scheme for addressing the professional and ethical problems that have and will continue to accompany the shift to digital lawyering

Zoning the Internet: A New Approach to Protecting Children Online

This Article considers how Internet architecture can be harnessed to create an online environment where government regulation of material harmful to minors can be effective but not unreasonably burdensome. It proposes a solution that engages technology in refocusing the point of regulation, thereby reducing the burden on speech and increasing the ability to achieve constitutionally recognized governmental objectives. This Article briefly examines failed congressional attempts to restrict children\u27s access to sexually explicit content online, and then introduces the Internet Community Ports Concept, which relies on channeling technology to divide kinds of content among various Internet ports. After briefly outlining the technological workings of the Internet, this Article describes the Internet Community Ports Act (ICPA), which supports and enforces the zoning divisions. Together technology and legislation can create safe places forchildren and families on the Internet. The bulk of the Article discusses the constitutional implications of ICPA and how it will survive even strict scrutiny. Finally, it responds to a variety of other issues, such as market disincentives to separating content, the failed Dot Kids approach, the risk of chilled speech, stigma, and over-blocking, and the problems with filters

Women in Traditional Religions: Refusing to Let Patriarchy (or Feminism) Separate Us from the Source of Our Liberation

Law and Religion Symposiu