Digital Commons Network^™

Global Community Guidelines For Documenting, Sharing, And Reusing Quality Information Of Individual Digital Datasets, Ge Peng, Carlo Lacagnina, Robert R. Downs, Anette Ganske, Hampapuram K. Ramapriyan, Ivana Ivánová, Lesley Wyborn, Dave Jones, Lucy Bastin, Chung-Lin Shie, David F. Moroni

Copyright, Fair Use, Scholarly Communication, etc.

Open-source science builds on open and free resources that include data, metadata, software, and workflows. Informed decisions on whether and how to (re)use digital datasets are dependent on an understanding about the quality of the underpinning data and relevant information. However, quality information, being difficult to curate and often context specific, is currently not readily available for sharing within and across disciplines. To help address this challenge and promote the creation and (re) use of freely and openly shared information about the quality of individual datasets, members of several groups around the world have undertaken an effort to develop international …

Bringing Section 8 Home: An Argument For Recognizing A Reasonable Expectation Of Privacy In Metadata Collected From Smart Home Devices, Ana Qarri

Canadian Journal of Law and Technology

Internet of Things devices (also known as smart home devices) are a fast-growing trend in consumer home electronics. The information collected from these devices could prove very useful to law enforcement investigations. These individual pieces of metadata — the collection of which might appear harmless on its face — can be highly revealing when combined with other metadata or information otherwise available to law enforcement. This article builds an argument in favour of recognizing a reasonable expectation of privacy in metadata collected from smart home devices under section 8 of the Canadian Charter of Rights and Freedoms. This article presents …

Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Implementing A Registry Federation For Materials Science Data Discovery, Raymond L. Plante, Chandler A. Becker, Andrea Medina-Smith, Kevin Brady, Alden Dima, Benjamin Long, Laura M. Bartolo, James A. Warren, Robert J. Hanisch

Copyright, Fair Use, Scholarly Communication, etc.

As a result of a number of national initiatives, we are seeing rapid growth in the data important to materials science that are available over the web. Consequently, it is becoming increasingly difficult for researchers to learn what data are available and how to access them. To address this problem, the Research Data Alliance (RDA) Working Group for International Materials Science Registries (IMRR) was established to bring together materials science and information technology experts to develop an international federation of registries that can be used for global discovery of data resources for materials science. A resource registry collects high-level metadata …

Affiliation Information In Datacite Dataset Metadata: A Flemish Case Study, Niek Van Wettere

Copyright, Fair Use, Scholarly Communication, etc.

This article aims to evaluate how and to what extent metadata of datasets indexed in DataCite offer clear human- or machine-readable information that enables the research data to be linked to a particular research institution. Two main pathways are explored. First, researchers can encode their affiliation information at the moment of data submission. This can be done by means of free-text metadata fields or via the inclusion of identifiers such as GRID/ROR and ORCID. Second, affiliation information can be traced indirectly through linking between a dataset and associated publications, given that the metadata of publications is often more explicit about …

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Issued Patents In A University’S Institutional Repository, Suzanne Reinman, Janet Ahrberg

Journal of the Patent and Trademark Resource Center Association

Beginning in 2016, patents issued by the U.S. Patent and Trademark Office (USPTO) granted to Oklahoma State University were included in SHAREOK (https://shareok.org/.). The joint institutional repository for the Oklahoma State University Libraries (OSU) and the University of Oklahoma Libraries (OU), SHAREOK serves as the home for the intellectual output of both communities and will ultimately include digital dissertations, faculty publications, digital special collections, open access publications, and open educational resources. Including patents has increased the depth of the collection and allows them to be searched or indexed by date, author, title, and subject/classification. Using DSpace software, the contents of …

Rent For Rent: Making A Living By Licensing Your Music, Jessica Muñiz-Collado

CAHSS Faculty Presentations, Proceedings, Lectures, and Symposia

Wouldn’t it be great if a composer, music producer, or songwriter could pay their rent by “renting” out their music? This demonstration will simplify the music licensing process, focus on researching music libraries, preparing songs for submissions and much more.

Examining The Anomalies, Explaining The Value: Should The Usa Freedom Act’S Metadata Program Be Extended?, Susan Landau, Asaf Lubin

Articles by Maurer Faculty

Edward Snowden’s disclosure of National Security Agency (“NSA”) bulk collection of communications metadata was a highly disturbing shock to the American public. The intelligence community was surprised by the response, as it had largely not anticipated a strong negative public reaction to this surveillance program. Controversy over the bulk metadata collection led to the 2015 passage of the USA FREEDOM Act. The law mandated that the intelligence community would collect the Call Detail Records (“CDR”) from telephone service providers in strictly limited ways, not in bulk, and only under order from the Foreign Intelligence Surveillance Court. The new program initially …

Harmonizing The Liner Notes: How The Usco’S Adoption Of Metadata Standards Will Improve The Efficiency Of Licensing Agreements For Audiovisual Works, Michael Reed

Chicago-Kent Journal of Intellectual Property

It is no secret that making a living as a musician is not as lucrative of a proposition as it was a generation ago. For this reason, musicians have had to diversify their sources of income. Placement of a song in advertisements, film, or television programs have become an integral part of many successful musician’s careers, but far too many independent artists still find these opportunities out of reach. This disparity is often the result of technical deficiencies in the audio files submitted for consideration, making it difficult to identify and contact the requisite rights holders in order to negotiate …

The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett

Journal of Civil Law Studies

No abstract provided.

Law Library Blog (September 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Katz V. United States: Back To The Future?, Michael Vitiello

University of Richmond Law Review

No abstract provided.

Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress

Student Scholar Symposium Abstracts and Posters

This project examines how current copyright laws and digital distribution practices in music can be improved for both the creator and the consumer. The laws that govern our digital atmosphere, and thus a large portion of music distribution, are outdated and cause a wide variety of problems for both artists and fans. To create a comprehensive picture and establish the scope of this problem, I start by outlining the process a song goes through from when it is written to when it is in the hands, or rather ears, of listeners. From there, copyright laws are entwined with this process. …

The Fourth Amendment In A Digital World, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake. Simultaneously, reduced resource constraints are accelerating the loss of rights. The doctrine has yet to catch up with the world in which we live. A necessary first step for the Court is to reconsider the theoretical underpinning of the Fourth Amendment, to allow for the evolution of a …

Blown To Bits Project, David Schmidt

Informatics Open Educational Resources

The book, Blown to Bits, uncovers the many ways that the new digital world has changed and is changing our whole environment. Some changes are incremental but others are more revolutionary. Some of the changes that we welcome are slowly eroding our privacy and are changing the rules of ownership. This book illuminates the complexities of these changes. I have attempted to capture the central points in selected chapters, and in some cases I have added new material or new examples to replace dated material. I picked chapters to summarize that address the following topics (and more). There are many …

The Future Of Law Libraries, Tina M. Brooks, Franklin L. Runge, Beau Steenken

Law Faculty Popular Media

Law libraries are filed with the rules that govern our society, thoughtful scholars, conscientious lawyers, some hard working students, and some procrastinating students. In the past, this required libraries to collect hardbound volumes and loose leafs. Today, the collection is beginning to give way to research platforms filed with those same, or similar, materials and then some; much of the primary legal documentation is even freely available on the web.

While the physical footprint of the library may be smaller as a result of this transition, the amount of legal information that researchers have access to has grown exponentially. We …

You(Tube), Me, And Content Id: Paving The Way For Compulsory Synchronization Licensing On User-Generated Content Platforms, Nicholas Thomas Delisa

Brooklyn Law Review

The changing landscape of digital media technology makes it increasingly difficult for owners of copyrighted music to monitor how their works are being exploited across the Internet. This is especially true of user-generated content (UGC) platforms—websites and applications such as Facebook, YouTube, and Snapchat, where content is created or uploaded predominantly by users. These services pose a special problem to copyright owners because, instead of content being uploaded from a single source that is easily sued and has deep pockets, content is uploaded by users. Users are a troublesome group because they are innumerable, sometimes anonymous, and mostly click on …

An Automated Approach For Digital Forensic Analysis Of Heterogeneous Big Data, Hussam Mohammed, Nathan Clarke, Fudong Li

Journal of Digital Forensics, Security and Law

The major challenges with big data examination and analysis are volume, complex interdependence across content, and heterogeneity. The examination and analysis phases are considered essential to a digital forensics process. However, traditional techniques for the forensic investigation use one or more forensic tools to examine and analyse each resource. In addition, when multiple resources are included in one case, there is an inability to cross-correlate findings which often leads to inefficiencies in processing and identifying evidence. Furthermore, most current forensics tools cannot cope with large volumes of data. This paper develops a novel framework for digital forensic analysis of heterogeneous …

The Usa Patriot Act And Punctuated Equilibrium, Michael Sanders

Walden Dissertations and Doctoral Studies

Currently, Title II of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 appears to be stalled as a result of controversy over the intent and meaning of the law. Proponents of the title advocate the necessity of the act to combat modern terrorism, whereas opponents warn of circumventions of the Fourth Amendment of the U.S. Constitution. Using punctuated equilibrium as the theoretical foundation, the purpose of this case study was to explore the dialogue and legal exchanges between the American Civil Liberties Union and the Department of …

Of Third-Party Bathwater: How To Throw Out The Third-Party Doctrine While Preserving Government's Ability To Use Secret Agents, Amy L. Peikoff

St. John's Law Review

(Excerpt)

In Part I of this Article, I discuss the third-party doctrine, including its history, the types of cases to which it has been applied, and arguments in favor of and against it, with particular focus on Orin Kerr's defense of the doctrine. In Part II, I propose an alternative-and, I think, better-way of dealing with cases typically thought to fall under this doctrine. My proposal, as we will see, rests upon the model for the legal protection of privacy that I have elucidated and defended in prior articles: a model based on our rights to property and contract. Finally, …

Standing And Covert Surveillance, Christopher Slobogin

Pepperdine Law Review

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …

The Legal Ethics Of Metadata Mining, Andrew M. Perlman

Akron Law Review

Bar associations have produced a number of legal ethics opinions that address the practice of metadata mining. This essay explains the nature of the problem, reviews the ethics opinions that have addressed it, and contends that the issue is simply a variation of the oft-examined problem of inadvertently disclosed documents. The essay concludes that flat bans on metadata mining are misguided and that metadata mining should be treated in the same manner as inadvertent disclosures more generally. Under this approach, if a state permits lawyers to review inadvertently disclosed privileged documents, the jurisdiction should also permit lawyers to review the …

Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover

Faculty Publications

The current state of Fourth Amendment jurisprudence leaves it to technology corporations to challenge court orders, subpoenas, and requests by the government for individual users’ information. The third-party doctrine denies people a reasonable expectation of privacy in data they transmit through telecommunications and Internet service providers. Third-party corporations become, by default, the people’s corporate avatars. Corporate avatars, however, do a poor job of representing individuals’ interests. Moreover, vesting the Fourth Amendment’s government-oversight functions in corporations fails to cohere with the Bill of Rights’ populist history and the Framers’ distrust of corporations.

This article examines how the third-party doctrine proves unsupportable …

Becoming A Competent 21st Century Legal Ethics Professor: Everything You Always Wanted To Know About Technology (But Were Afraid To Ask), Catherine Lanctot

Catherine J. Lanctot

This Article provides a roadmap for rebooting the legal ethics curriculum. It describes how to revise a traditional legal ethics class to respond to twenty-first century law practice, and provides a detailed overview of the landscape of technological issues currently affecting the practice of law, including many cautionary tales of lawyers who ignored their ethical responsibilities.

We have finally hit the tipping point with respect to the use of technology within the legal profession, as bar regulators have begun to warn attorneys that they may no longer plead ignorance of technological advances if such ignorance harms the interests of their …

'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino

Laurie B. Serafino

Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …

Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

A discussion of how the 2012 revisions to the Model Rules of Professional Conduct affect the attorney's duties in handling email: encryption, storage, metadata, and confidentiality.

"Out, Damned [Metadata]!", Emily Shaw

Cornell Law School J.D. Student Research Papers

We live in exciting times; technology is evolving quickly. The legal profession, however, has a history of begrudging and delayed acceptance of new technology. Attorneys may be slow to learn new tricks, but when it comes to metadata, the usual reactionary behavior could be harmful to clients. It is imperative that attorneys understand the ethical and evidentiary issues that arise when metadata is disclosed, mishandled, discovered, or destroyed. This paper explores these issues and recommends best practices to avoid inadvertent disclosures and ethical violations. The structure of this paper is as follows: first, metadata is defined and explained. Second, I …

Metadata: Piecing Together A Privacy Solution, Chris Conley

Faculty Scholarship

Imagine the government is constantly monitoring you — keeping track of every person you call or email, every place you go, everything you buy, and more — all without getting a warrant. And when you challenge them, they claim you have no right to expect this kind of information to be private. Besides, they’re not actually listening to what you say or reading what you write, so what’s the big deal anyhow?

Unfortunately, this scenario is more real than imaginary. Government agencies ranging from the NSA to local police departments have taken advantage of weak or uncertain legal protections for …

Riley V. California: Privacy Still Matters, But How Much And In What Contexts?, Adam Lamparello, Charles Maclean

Adam Lamparello

Private information is no longer stored only in homes or other areas traditionally protected from warrantless intrusion. The private lives of many citizens are contained in a digital device no larger than the palm of their hand—and carried in public places. But that does not make the data within a cell phone any less private, just as the dialing of a phone number does not voluntarily waive an individual’s right to keep their call log or location private. Remember that we are not talking about individuals suspected of committing violent crimes. The Government is recording the calls and locations of …