| Title | Advantage ISP: Terms of Service as Media Law |
| Publication Type | Journal Article |
| Authors | Braman, Sandra, and Stephanie Roberts |
| Journal | New Media & Society |
| Volume | 5 |
| Issue | 3 |
| Pagination | 422-448 |
| ISSN | 1461-4448 |
| Abstract | All users must access the internet through ISPs on the basis of contracts known as `terms of service' or `acceptable use policies' that are becoming de facto law for internet communications. This article examines contracts fr om over two dozen ISPs. Findings include a knowledge differ ential between users and ISPs regarding rules and their applications. User s have liability irrespective of intention, while ISPs do not. User s must license content to ISPs. And ISP agreements disregard constitutional standar ds regarding freedom of expr ession and privacy. Public forum analysis provides a legal foundation for seeking ter ms of service more protective of constitutionally-based civil liberties and intellectual property rights. |
| URL | https://doi.org/10.1177/14614448030053007 |
| DOI | 10.1177/14614448030053007 |
| Short Title | Advantage ISP |
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