Free Speech and Internet Regulation

Frederick Mostert

The article analyses free speech and internet. regulation. Free speech has always required public forums to flourish, but shaping these forums to the challenging contours of today’s online world presents unique challenges. Social media forums serve as the prime source of knowledge and human thought for many users and have taken on the identity of ‘the modern public square’, as noted by the US Federal Supreme Court.

A critical discussion of current online copyright enforcement and of a comprehensive solution to overcome its shortcomings

Stephan Lehmann

This paper critically assesses the current copyright enforcement system as increasingly oppressive with major shortcomings in its actions against users, platforms and intermediaries. It poses three solutions: a content flat-rate that would lead to decriminalisation amongst other benefits, a public awareness campaigns which would raise acceptance for the content flat-rate, and shortening the terms of copyright protection.

Is Enforcement in the Domain Name System a Legitimate Solution to the Jurisdiction Problem seen in Google v Equustek?

James Taylor

The case of Google v Equustek directly grappled with jurisdiction on the Internet. This paper addresses the concerns raised in Equustek and investigates the Domain Name System as a possible platform for multi-jurisdictional online Intellectual Property enforcement. The author concludes that an Arbitration body with authority in the Domain Name System, akin to the UDRP, is the most plausible answer.

To what extent should copyright law be constrained by the right to freedom of expression in the digital world?

Valerie Braun

This paper analyses the copyright and freedom of expression dichotomy, noting that a balance must be met. It argues that current measures such as website-blocking orders and notice and take-down systems are an encroachment on freedom of expression, therefore new legislation is needed from both the CJEU and ECtHR. It suggests the use of new compensation mechanisms for right holders and ‘creative’ exceptions as an attempts to maintain this balance.

The Global Digital Enforcement of Intellectual Property

Frederick Mostert

This article looks at the challenges faced by the digital environment in protecting intellectual property and addresses the need for effective global measures.  Reference is made to piracy and counterfeits in social media, digital tools, and global guidelines.