Deep Linking: Policy and Rule Considerations for Safeguarding Open Internet Navigation

As courts and legislatures struggle with how to regulate the Internet, they must consider many factors in deciding how to apply and/or modify existing intellectual property, tort, First Amendment, and contract law. This paper discusses these factors in the context of ‘deep linking,’1 and suggests that there must be a proper balance between initial entitlements and the ability of private parties to negotiate for their redistribution, a balance that preserves the Internet’s open, end-to-end navigability. This balance must consider economic efficiency, individual needs, and the needs of the larger society as a whole.