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What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton
What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton
Akron Intellectual Property Journal
While the literature on social norms as online regulators has achieved some prominence in the cyberlaw area, there is still scant examination of particular online norms and of the ways in which norms interact with other forms of regulation. The aim of this article is to reverse that trend by providing a detailed examination of one apparently emerging norm in the blogosphere-the norm against "hijacking" a blog post by hyperlinking to another blog in the comment feed for the original blog post. For example, consider a situation where Blogger A posts her advice for cooking a souffle and allows readers …
Once More Unto The Breach: An Analysis Of Legal, Technological, And Policy Issues Involving Data Breach Notification Statutes, Dana J. Lesemann
Once More Unto The Breach: An Analysis Of Legal, Technological, And Policy Issues Involving Data Breach Notification Statutes, Dana J. Lesemann
Akron Intellectual Property Journal
This Article addresses the legal, technological, and policy issues surrounding U.S. data breach notification statutes and recommends steps that state and federal regulatory agencies should take to improve and harmonize those statutes. Part I of this Article provides background on the data breaches that gave rise to the enactment of notification statutes. Part II addresses the varying definitions of "personal information" in the state statutes-the data that is protected by the statute and whose breach must be revealed to consumers. Part III analyzes how states define the data breach itself, particularly whether states rely on a strict liability standard, on …