Implementing technological developments

Current "protections" are challenged by the nature of digital media.

  • The recombinant nature of digital information confounds current laws
  • The global reach of digital technologies compromises the local nature of statutes and practices.
    • Interstate and international commerce laws were not designed for the digital world
    • Most in-use provisions were spliced into "other" treaty arrangements rather than developing as a natural outcome of careful considerations of specific questions.
    • Like every other sort of international issue, there is no single adjudication body.
    • In-place (old media) like laws/practices that protect & aid them. New media presents challenges.
    • Technology has come on pretty quickly: users need protection now; protections take time to develop.
  • For example: Digital Millenium Copyright Act and IP.

In place: The Act

A summary of the Act
Sample argument at to why the DMCA isn't good