Masters Theses

Date of Award

12-1996

Degree Type

Thesis

Degree Name

Master of Science

Major

Information Sciences

Major Professor

Carol Tenopir

Committee Members

William Robinson, Gretchen Whitney, Tom Davies

Abstract

This purpose of this study was two-fold: First, to study the intersection of the American law of defamation with the new medium, cyberspace. Specifically, what liability do providers of internet access risk for defamatory content posted by others? In addition to examining the current law of defamation and how its been applied to cases of online libel, this study surveys the relevant professional literature. second, to study the familiarity of federal trial judges with the internet and World wide web. The results of a survey administered to a sample of sitting federal trial judges are presented and discussed. The study illustrates that the existing law of defamation is sufficiently flexible to apply to cases of online libel. However, law-makers may be well-advised to consider a new rule of liability for online service providers to ensure that the new medium flourishes. It also illustrates that younger and more recently appointed federal trial judges have had more experience using computers for online functions, but that generally, the federal trial bench personal exposure to cyberspace is limited.

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