Regulating Cyberbullies Through Notice-Based Liability

117 Yale Law Journal Pocket Part 41 (2007)

7 Pages Posted: 12 Feb 2008 Last revised: 1 Oct 2017

See all articles by Bradley A. Areheart

Bradley A. Areheart

University of Tennessee College of Law

Abstract

With the growth of the Internet's uses and abuses, Internet harassment is making headlines. Given its immediacy, anonymity, and accessibility, the Internet offers an unprecedented forum for defamation and harassment. The salient problem with such cyberbullying is that victims are typically left without adequate recourse. The government should provide recourse by curtailing the near absolute immunity Internet Service Providers (ISPs) currently enjoy under the Communications Decency Act (CDA) and implementing a notice and take-down scheme similar to that for copyright infringement under the Digital Millennium Copyright Act (DMCA) for certain torts.

Keywords: intellectual property, libel, defamation, internet liability, internet intermediary, privacy, free speech, first amendment

JEL Classification: K00, K10, K13, A10, A12, O30, O33, O38

Suggested Citation

Areheart, Bradley A., Regulating Cyberbullies Through Notice-Based Liability. 117 Yale Law Journal Pocket Part 41 (2007), Available at SSRN: https://ssrn.com/abstract=1865988

Bradley A. Areheart (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

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