ABSTRACT
Advocates of cyberspace regulation claim that the Internet is similar to traditional forms of broadcasting because it involves transmission through an electronic forum. Opponents of Internet regulation, however, point out that the three factors that justify the regulation of traditional broadcast media—public ownership, scarcity, and pervasiveness—are absent in the case of cyberspace. While government efforts to regulate Internet content have failed, attempts to influence other aspects—such as copyright, defamation, and liability for harm—have been more successful. In all three cases, both statutory law and common law have determined that Internet users, and not service providers, are responsible for violations of the law. Social media sites such as Craigslist, Facebook, and Twitter use "terms of service" to enforce rules about the content posted, including products for sale. High school students are not the only young scholars finding themselves on the wrong side of disciplinary proceedings based on their musings on social media.
