Accessing Truth: Marketplaces of Ideas in the Information Age

Authors

Nima Darouian, Loyola Law School, Los Angeles

Abstract

The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, technological innovation, freedom of speech, and competition. This standard would help address the challenges posed by non-negotiable contracts in virtual marketplaces and ensure equitable access to critical information in the digital age.

Disciplines

Antitrust and Trade Regulation | Communications Law | Consumer Protection Law | Internet Law | Law | Science and Technology Law

Recommended Citation

Nima Darouian, Accessing Truth: Marketplaces of Ideas in the Information Age, 9 Cardozo Pub. L. Pol’y & Ethics J. 1 (2010).
Available at: https://larc.cardozo.yu.edu/cplpej/vol9/iss1/3