THE LAW OF CYBERSPACE
Final Examination -- Spring 1997

This exam consists of four questions. You have two hours in which to outline and write your answers. The first question counts for 10% of your total grade for this exam; the second counts for 20%; the third counts for 30%; and the fourth counts for 40%. I suggest that you allocate your time accordingly.

I strongly advise that before you begin writing your answers you 1) read the question carefully; 2) think about exactly which issues you need to address; and 3) outline your answer. Good organization and good analysis almost always go hand-in-hand.

Use as many exam booklets (or, if typing, sheets of paper) as you need. Number the booklets (or sheets) so that I can easily follow their intended sequence. Please write or type on one side only of each page.

For your benefit and my eyesight, please write as legibly as possible (or type).

This is an open book exam. You may use required texts, assigned or suggested readings, any material that I handed out in class, and any notes that you or your study group prepared. You may not use other texts, computers, or electronic devices that provide searchable files.

If you have any procedural questions, please direct them to Jennifer Patterson, in the registrar's office. She will know how to reach me.

I've got a very successful friend to whom people often say, "Gosh, you're lucky." She always replies, "The harder I work, the luckier I get." May you, too, achieve the success that your hard work merits.

On July 1, 1996, a Georgia statute added § 16-9-93.1 to the Georgia Computer Systems Protection Act. That new section reads:

(a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained: provided, however, that no telecommunications company or Internet access provider shall violate this Code section solely as a result of carrying or transmitting such data for its customers.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(c) Nothing in this Code section shall be construed to limit an aggrieved party's right to pursue a civil action for equitable or monetary relief, or both for actions which violate this code section.

OCGA § 16-9-93.1 (1996)

The questions that follow call on you to analyze various aspects of OCGA § 16-9-93.1, applying material that we covered during the course of the semester. In answering these questions, please take care to make your reasoning clear.

Does OCGA § 16-9-93.1 apply to transmissions made over the Internet? Why or why not?

What is the level of intent required to violate OCGA § 16-9-93.1(a)? Why? Please illustrate your analysis with examples of acts that fall above and below the level of intent that you conclude the Act requires.

What forms of intellectual property does OCGA § 16-9-93.1 apparently intend to protect? How effectively do you think it will do so? Why?

A group has filed suit to strike down OCGA § 16-9-93.1 on grounds that the statute violates the US constitution. They also argue that it threatens to have harmful effects on public policy. Please write a short memo assessing the constitutionality of the statute and, separately, its public policy impact. Take care to consider arguments con and pro.

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