Newspaper Articles

This collection of articles was published in the Detroit Legal News from 1995-1997. All were written in the infancy of the modern Internet, before the landscape surrounding Internet legal and business issues began to develop. Access to the Internet largely consisted of dial-up connections on a 14.4 kbs modem or slower. Both the technology and state of the law have evolved considerably since these were first published.

Learning to Drive on the Information Superhighway

Originally published November 5, 1995

Welcome to InterLaw.

You have all heard the rhetoric about the Information Superhighway and how it will revolutionize the way people communicate. Because as lawyers we deal in information and communication, there is a particular belief in the marketplace that lawyers are, as a group, prime users and beneficiaxies of our national information infrastructure.

If you are like me, your morning mail is littered with tangible communications about why we should spend money on intangible media such as software, CD-ROMs e-mail, on-line services and the like. In a series of articles to follow, we will try to shed a little insight on the political, legal and personal aspects of this burgeoning technology and what it means to us as lawyers.

For many lawyers (and others), operating a computer, programming a VCR and building a child's toy are as difficult as the most complex legal issue. Yet we have readily adopted cellular phones, word-processing, database systems, computerized legal research, voice mail and fax machines into our practices. Is the next wave of communications and information technology and advancement inevitable in our esteemed profession?

Of course it is! And the implications for lawyers entering the next millennium are far reaching, regardless of whether we are using the technological marvels, consulting clients who are adapting to new ways of conducting business, or struggling to apply traditional legal theories to new communication technologies.

Imagine the ability to transmit or access every type of visual, audio and written recording of information at the touch of a fingertip. Moreover, imagine that such information can be transmitted, copied or manipulated in moments at nominal (or at least reasonable) cost. The legal, political and social implications of the emerging world-wide communications, entertainment and educational network resulting from the merger of computer and communication technologies are truly incredible.

You want to see a movie, access "The Federalist Papers," hear the latest or oldest music recorded? Simply click your mouse, and your television, stereo or computer will be able to transmit the digitized information on demand.

Client communication? The government and most major companies have e-mail systems and many clients are insisting on e-mail communications with counsel. Questions are already arising as to what extent e-mail is discoverable, subject to FOIA, private or even privileged.

Legal memos? Forget the footnotes. How about a hypertext link to the supporting cases and some video of the accident scene. Just transmit it over to the courthouse (at 4:59:30) for filing.

Photographic evidence? Through scanning and digital technology I can print a Polaroid of me shaking hands with the president that will look every bit as real as the snapshot of my family around the fireplace.

Copyright protection? If someone uploads your picture, music, story, software, or article on the Internet, it's potentially "free game" worldwide (certainly use, but hardly fair).

Jurisdiction? In a recent case, a California man was charged with violations of obscenity laws in Tennessee after police officials downloaded allegedly pornographic materials from computers operating in Memphis. The defendant never set foot in Tennessee or sent the material to a specific recipient, yet he was deemed to have distributed material there! Whose community standard do you think was more forgiving? International jurisdiction is even more chaotic, given divergent international laws.

Libel and defamation? Last April, the New York Court of Appeals refused to dismiss a $200 million lawsuit brought against Prodigy after an unknown user posted an allegedly libelous bulletin board statement in Prodigy's popular electronic information resource known as "Money Talk." The parties recently reached an undisclosed settlement; so for now, the case will remain on the books.

The potential issues are endless. Moreover, in many of these areas traditional legal analysis does not easily lend itself to the unique nature of online services and the global communications network spawned by the Internet.

The technology today is slow, laborious, confusing and fraught with 'bugs." For example, downloading a CD-quality recording could take hours. It is truly in its infancy and today's industry standards will be as passe as Beta videos in a few years. The legal issues surrounding the new and evolving mediums of communication will challenge the profession in ways not even contemplated. The real difficulty for the legal system will be keeping up with technology.

In this column we will explore what our government is proposing to curb the flow of blatant copyright infringement on the Internet and online services, the varying technologies that comprise the so-called Information Superhighway, and the practical, business and legal aspects of e-mail, electronic commerce, the Internet, bulleting board services and the like.

So sit back and relax. Or hang on for your life. The wild ride has begun.