The Internet has brought many benefits to many people, but it has also produced a whole range of crimes that did not previously exist. Internet laws are laws that govern the use of the Internet. They regulate such things as preventing illegal software distribution, preventing copyright infringements, protecting privacy issues and preventing exploitation of minors. These are just some of things that are covered by the wide variety of Internet laws.

Provisions of Internet Law

The following pieces of legislation form the core of Internet law in the United States:

The No Electronic Theft Act (NET Act)

The No Electronic Theft Act (NET Act) is a federal law, passed in 1997, which made amendments to the Copyright Act 1976. It provides for the criminal prosecution of people engaging in copyright infringement, even when no monetary or commercial benefit is involved. Before the NET Act was enacted, there was no criminal prosecution for people infringing copyright for noncommercial purposes, although they could be sued in a civil action. After the NET Act was passed, people engaging in copyright infringement could be prosecuted even when it was for non-commercial purposes. Copyright infringement penalties, under the NET Act, include a maximum of three years imprisonment and a fine of $250,000.

Statutory damages were also raised by 50% to $750 to $30,000 for each work that was copied without authorization. If the work was willfully infringed, then individuals may be held liable for up to $150,000 for each work.

Under the Net Act, it is a crime to reproduce, distribute or share copies of copyrighted works. This includes reproducing, distributing and sharing copies for non-commercial reasons (or without monetary gain). Originally intended mainly to stop the unauthorized distribution of pirated software, it also covers the unauthorized reproduction and distribution of illegal MP3s, movies, games, designs and any other created material.

Jeffery Gerard Levy was the first individual prosecuted under NET Act for copyright infringement in 1999. Levy was a 22 year-old student at the University of Oregon when he loaded copyrighted software, music, games and movies onto his website, which was hosted by the University. He allowed visitors to his website to download the materials free of charge. When school officials noticed the amount of bandwidth being used, they checked out the site and realized what Levy was doing. They notified the U.S. Attorney’s office that then looked into the matter.

Levy pleaded guilty to criminal infringement, admitting that he had illegally posted software, music, software and movies on his Internet site. He received two years probation and limited access to the Internet

Digital Millennium Copyright Act 1998

The Digital Millennium Copyright Act 1998 (DMCA) is another U.S. law, designed to further protect work against copyright infringement. It was passed in 1998 and made changes to existing U.S. Code. The DMCA increased the penalties for copyright infringement on the Internet. It also made it a crime to produce and to distribute technology that could be used to get around measures put in place to protect copyright.

Digital Theft Deterrence and Copyright Damages Improvement Act 1999

The Digital Theft Deterrence and Copyright Damages Improvement Act 1999 is another U.S. law that increases protection against copyright infringement. The amendment was passed in 1999. It increased statutory damages for copyright infringement. Before the Act was passed, the range of statutory damages for copyright infringement was $500 to $20,000 per work. After the Act was passed, the amount was increased to $750 to $30,000. Statutory damages for willful infringement were also increased, raising the maximum to $150,000. However, in order to receive statutory damages, the copyright holder has to have had the work registered with the U.S. Copyright Office before the copyright infringement took place.

The Evolution of Internet Laws

The Internet has changed significantly since it became open to the general public in the early 1990s. Once used mainly to distribute academic information, the medium began to be a source for music, movies, software and other downloaded material. As the Internet continues to change, so Internet laws must change in order to cover the types of materials that may be found online. The Internet has opened up a range of possible types of copyright infringement that just did not exist fifty years ago.

Internet laws seek to protect copyright holders and Internet users, without unnecessarily restricting what can be done on the Internet. The U.S. Congress works to pass laws to protect the rights of citizens. However, with every new Internet copyright law passed, there are people who disagree with the measures. Some of the issues raised by Internet advocates are the likelihood of Internet laws forcing small operators out of business and leading to the unfair prosecution of innocent individuals.

It seems probably that Internet advocates will continue to complain about Internet laws. However, despite their complaints, steps need to be taken to protect the theft of copyright material and the creation of illegal software, music and other downloads. Activities such as hacking also need to be addressed, and hacker laws such as The Computer Fraud and Abuse Act will also evolve as hacking changes. The Internet of tomorrow will be different from the Internet of today, but the one certainty is that Internet laws will need to be in place and they will need to continue to evolve as the Internet changes.