| Publisher | University of California | ||
|---|---|---|---|
| Format | 514.8KB PDF | Date added | 01 Feb 2006 |
| Topics | Spyware, Security Management, Network Security | ||
| Downloads | 1 | ||
Drawing on Justice Brandeis's oft-cited observation that states can serve as "laboratories" of policy experimentation, this paper develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of, and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises to adhere to the limits of the most restrictive state.
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