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1999 Stan. Tech. L. Rev. 1 (1999)

handle is hein.journals/stantlr1999 and id is 1 raw text is: _Stanford Technology Law Review Controlling Chaos: The E merging L aw of Privcy and Speech in Cyberspace ERIC J. SINROD AND BARAK D. JOLISH* CITE AS: 1999 STAN. TECH. L. REV. 1 INTRODUCTION The Intemet'sl explosive growth has opened new avenues for communication, learning, commerce, and entertainment. Like any new medium, however, it comes with its share of problems. Over recent years public debate has focused primarily on two issues: personal privacy and the profusion of objectionable content on- line. Those concerned with privacy fear that the Internet serves as a portal through which the government, big business, or criminals can glean information about indi- viduals' finances, habits, opinions, and even most intimate secrets. Those con- cerned with objectionable content argue that the medium allows children easy access to explicit pornography and violence. While many of the early users and propo- nents of the Internet passionately argue that its greatest value comes from its abso- lute freedom, the call for government intervention has grown with the Internet's gradual assimilation into the life of mainstream America. This article surveys recent developments in the controversies surrounding the role of government in online privacy regulation and in free speech issues such as censorship, span,2 and defa- mation. * Eric J. Sinrod, a partner in the San Francisco office of Hancock Rothert & Bunshoft LLP, practices commercial litigation and Internet, information and communications law, his e-mail addresses are ejsin- rod@ hrblaw.com and eric@ sinrodlawcom. Barak D. Jolish is a student at Hastings College of the Law and will become an associate at the Hancock firm later in 1999; his e-nmil address is jolishb@ uchastings.edu 1 The Internet refers to a vast worldwide system of linked computer networks. The World Wide Web (or just the Web) is the part of the Internet represented in graphical, linked pages. Cyberspace refers more generally to the ethereal world of virtual reality, the Internet, the World Wide Web, and similar computer environments. See CNET.com, CNE T GlossanY (visited Jan. 10, 1999) <http://www.cnet.com/Resources/Info/ Glossary>. Consistent with the practice of most Internet users, this article employs these terms interchangeably to describe the online world accessible through graphical browsers (e.g., Netscape Navigator and Microsoft Internet Explorer). 2 Span is mass mailing sent over the Internet to a bulletin board, news group, or group of people. CNE T Glossa, supra note 1. Copyright @ 1999 Stanford Technology Law Review. A 11 Rights Reservd.

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