California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - SEPTEMBER 1998
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - September 1998
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News
Need info about bar members? Look on the net
Western State law school wins provisional approval for ABA accreditation
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You Need to Know
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From the President - A privilege gone awry
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Opinion
In defense of opinion
Thomas can think as he chooses
Time to drain the 'BOG'
Let's build a stronger forum
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Letters to the Editor
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Trials Digest
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Legal Tech - 10 reasons to ignore 2000 problem
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New Products & Services
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Law Practice - When mediating, let your imagination run loose
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MCLE Self-Study
The Internet and Global Implications
Self-Assessment Test
MCLE Calendar of Events
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Discipline
Ethics Byte - 'He said, she said' rule for sex
Attorney disbarred after investing client's assets
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Annual Meeting
Did you know these Monterey Peninsula facts?
Scenic, legal visions on the menu
Four vie to lead embattled State Bar
11 seek five seats on bar board
District 2: Three-way race in capital and environs
District 4: Unopposed in San Francisco, Albers is ready
District 7, Office 1: 3 seek southern seat...
District 7, Office 2: ...and also in Los Angeles...
District 3: Two-way race develops in South, East Bay region

MCLE SELF-STUDY

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Self-Assessment Test
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Answer the following questions after reading the MCLE article on global Internet implications. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.

1. The Internet is regulated by U.S. telecommunications law.

2. Broadcasting laws may be applicable to Internet communications.

3. The content provided over the Internet can affect the licensing of a network forming part of the Internet in a given jurisdiction.

4. The Internet is an unregulated communications medium.

5. The Internet is an international leveler which can legitimately expose all societies to a common social and moral standard.

6. Information that is readily available in France can be posted on an Internet bulletin board for public access in Australia.

7. An international company X, like IBM, could prevent anyone else registering X.com as a domain name.

8. A software company @ Software Inc. with a domain name @.com cannot stop a clothing company @ Clothing Co. from registering a domain name @.net.

9. A company whose brochure was produced by an independent publicity company must have the consent of the publicity company in relation to all countries before putting the brochure on the Internet for downloading worldwide.

10. Rights in audiovisual material on a web site could be the same as those in a subscription television service.

11. Only U.S. copyright law applies to material on a web site held on a U.S. computer.

12. It is not sufficient to have the consent of a database owner to put the database on the Internet.

13. A copyright owner of an image can freely put it on a U.S.-based web site which enables the user to manipulate that image.

14. A resident of Ireland can sue a U.S. resident for defamatory posting on a U.S. bulletin board.

15. An Internet bulletin board provider Z can post on it, without risk, a false statement that person A enjoyed meeting person B over a couple of beers.

16. In question 15, Z’s position will be different in all jurisdictions if B is a prominent Arab politician and public figure.

17. Liability can be avoided for products purchased through a web site by a notice disclaiming liability.

18. U.S. courts will not assume jurisdiction in respect of a web site merely because it can be accessed from the U.S.

19. Jurisdiction of a country may be invoked in relation to a statement not intended for reception in that country.

20. Rules for Internet commerce can be made in the same way as for any other international commercial activity.