Digital Commons Network^™

Privacy Lost: How The Montana Supreme Court Undercuts The Right Of Privacy, Kevin Frazier

Seattle Journal of Technology, Environmental, & Innovation Law

In 1972, Montanans ratified a new constitution that included a “right of privacy.” The plain text of the provision fails to express the intent of the Framers who not only intended to afford Montanans a right, but also to impose a responsibility on the State to continuously and thoroughly examine State practices in light of evolving means of invading residents’ privacy. This intent has gone unrealized despite the fact that the intent of the Framers is clear, readily available, and the primary source state courts ought to use when interpreting the Constitution. This article delves into the transcripts of the …

Consumers' Perceptions Of Digital Privacy In The United States And Japan, Destiny Randle

Whittier Scholars Program

The purpose of my study is to explore the contours of contemporary consumer privacy protections derived from legislation, regulations and publicly available company policies as a way to get a better understanding of how consumer data is protected. A few examples ranging from company-based consumer protection in the United States to data breaches in Japan will be explored and examined. Finally, this paper includes a comparative survey of consumer perceptions and concerns related to personal data privacy in the U.S. and Japan. As a way to assess the degree to which digital privacy and personal data breaches have adversely influenced …

Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny

Maine Law Review

Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …

A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder

Notre Dame Journal on Emerging Technologies

Americans are rapidly adopting innovative technologies which are pushing the frontiers of reality. But, when they look at how their privacy is protected within the new extended reality (XR), they will find that U.S. privacy laws fall short. The privacy risks inherent in XR are inadequately addressed by current U.S. data privacy laws or courtcreated frameworks that purport to protect the constitutional right to be free from unreasonable searches. Many scholars, including Ryan Calo, Danielle Citron, Sherry Colb, Margaret Hu, Orin Kerr, Kirsten Martin, Paul Ohm, Daniel Solove, Rebecca Wexler, Shoshana Zuboff, and others, have highlighted the gaps in U.S. …

Regulating Uncertain States: A Risk-Based Policy Agenda For Quantum Technologies, Tina Dekker, Florian Martin-Bariteau

Canadian Journal of Law and Technology

Many countries are taking a national approach to developing quantum strategies with a strong focus on innovation. However, societal, ethical, legal, and policy considerations should not be an afterthought that is pushed aside by the drive for innovation. A responsible, global approach to quantum technologies that considers the legal, ethical, and societal dimensions of quantum technologies is necessary to avoid exacerbating existing global inequalities. Quantum technologies are expected to disrupt other transformative technologies whose legal landscape is still under development (e.g., artificial intelligence [‘‘AI”], blockchain, etc.). The shortcomings of global policies regarding AI and the digital context teach lessons that …

Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera

Utah Law Review

Social media has dramatically changed the landscape facing families brought together through adoption. Just as adoptive families thirty years ago could not have predicted the impact of DNA technology on postadoption family life, adoptive families are only now beginning to grasp the impact of social media connectivity on the lives of their growing children. This change is related both to social media’s impact on family life and to fundamental shifts in our understanding of privacy more generally. Understanding the legal rights of parents and children in these circumstances is a novel and underexplored area of family law, constitutional law, and …

Perceiving Critical Infrastructure With A New Awareness Of Cyber Risk, Duncad Card

Canadian Journal of Law and Technology

North America’s critical infrastructure has been the subject of cyber-attack, in various cycles of activity, for many years. In March of 2017, a cyber-attack caused periodic ‘‘blind-spots” for electricity distribution grid operators in the Western US for about 10 dangerous hours. In May of this year, there was panic at the gas pumps across many States in southeastern United States, which has been attributed to a cyber-attack on a major US pipeline that disrupted fuel supplies to the US East coast. US Commerce Secretary Raimondo soon after that attack announced that those sorts of attacks are becoming more frequent and …

Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan

Canadian Journal of Law and Technology

It is a common claim that law is always catching up with technology. This is not entirely fair. The European Union’s General Data Protection Regulation1 (GDPR) could be viewed as a case of technology having to catch up to the law. That said, clearly there are challenges in law and in the legal profession, both in terms of how the law can adapt to changes in the digital world and the disruption of the legal profession. On the former point, there are perhaps three broad schools of thought: existing law is sufficient for adapting to new technological challenges, as it …

The Adverse Human Rights Impacts Of Canadian Technology Companies: Reforming Export Control With The Introduction Of Mandatory Human Rights Due Diligence, Siena Anstis, Rj Reid

Canadian Journal of Law and Technology

Netsweeper, a Canadian company, has produced and sold Internet-filtering technology to authoritarian regimes abroad. According to public research from the Citizen Lab, this technology has been used to censor religious content in Bahrain, information on Rohingya refugees in Myanmar and India, political campaign content in United Arab Emirates, and information on HIV/AIDS in Kuwait. This article considers how Canadian export control law deals with technologies that negatively impact human rights abroad and identifies a gap in the existing export control scheme. We suggest this gap could be closed by adopting a proactive human rights due diligence requirement on companies seeking …

Analisis Hukum Terhadap Perlindungan Nasabah Dalam Menggunakan Internet Banking Di Indonesia (Studi Kasus Bank X), Salsabila Putrianda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

With the present development of technology and the internet, everything has been made easier. One sector that is affected by the development of information and communication technology is Banking, an economic sub-sector that mobilizes public funds. Behind the convenience obtained from the use of Internet Banking, there are also risks that can be used in the use of this service, among others, many violations of law regarding personal data via the Internet and also regarding financial risks suffered by bank customers in the use of Internet Banking The IT criminals cause the Banking industry to be able to prepare security …

Governing Smart Cities As Knowledge Commons - Introduction, Chapter 1 & Conclusion, Brett M. Frischmann, Michael J. Madison, Madelyn Sanfilippo

Book Chapters

Smart city technology has its value and its place; it isn’t automatically or universally harmful. Urban challenges and opportunities addressed via smart technology demand systematic study, examining general patterns and local variations as smart city practices unfold around the world. Smart cities are complex blends of community governance institutions, social dilemmas that cities face, and dynamic relationships among information and data, technology, and human lives. Some of those blends are more typical and common. Some are more nuanced in specific contexts. This volume uses the Governing Knowledge Commons (GKC) framework to sort out relevant and important distinctions. The framework grounds …

Middleware Technologies: Towards User-Determined News Curation In Social Media, Jose M. Marella

Catholic University Journal of Law and Technology

News distribution and consumption now largely occur within, and are subject to dynamics dictated by, social media platforms. Platforms create audiences, facilitate matching, provide basic services, and set interaction standards. But these networks are structured to maximize engagement and benefit the platforms’ main businesses, leaving individuals with little to no ability to tailor news consumption according to their preferences.

To re-orient platform-dictated dynamics towards user-determined exchanges, middleware technologies—software services appended to social media platforms to curate information flows—are touted as a promising solution. Still, not enough literature articulates middleware’s virtues and hurdles, especially in the context of online news. This …

Privacy In The Wild: Why Animals' Informational Privacy Matters, Christopher Wlach

Animal Law Review

As data privacy and security come increasingly into focus among lawmakers, regulators, companies, and consumers, concerns about animals’ privacy have gone largely unmentioned. This Article examines how both wild and domestic animals have informational privacy interests—that is, interests in protecting information about themselves. The Article discusses three examples of how informational privacy for animals is not merely a theoretical concept but directly relates to animals’ broader welfare interests. Finally, this Article discusses why privacy provides a helpful theoretical framework and vocabulary for addressing these animals’ interests.

Establishing The Legal Framework To Regulate Quantum Computing Technology, Kaya Derose

Catholic University Journal of Law and Technology

No abstract provided.

New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya

Catholic University Journal of Law and Technology

A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

Perlindungan Konsumen Startup Digital Yang Bergerak Di Bidang Layanan Urun Dana Melalui Penawaran Saham Berbasis Teknologi Informasi Dalam Sistem Hukum Indonesia, Juliyani Purnama Ramli

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The existence of equity crowdfunding is one of the solutions for micro, small, and medium enterprises financing. The government already regulates equity crowdfunding matters by Financial Service Authority Number 37/POJK.04/2018 concerning equity crowdfunding. The problem is that the state has not fully protected consumers of equity crowdfunding. Its because the definition of equity crowdfunding consumer does not fulfill the consumer elements in Consumer Protection Regulation. The Financial Service Authority has not explicitly regulated consumer protection yet, even though equity crowdfunding has a great opportunity to develop and be used by the community directly.

Keywords: equity crowdfunding, financial service authority, and …

Perlindungan Hukum Bagi Konsumen Terhadap Transaksi Jual Beli Melalui Platform E-Commerce Di Indonesia, Viola Annisa Ikhsan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

With the entry of internet media in the world of commerce / business, many things have changed, namely the closeness between sellers and buyers in transactions has become increasingly tenuous, because each party does not know each other closely and is known only through internet media. Other obstacles that will arise from transactions via the internet include legal protection for buying and selling transactions made through the E-Commerce platform in Indonesia. In fact, the Consumer Protection Law (UUPK) and the Information and Electronic Transaction Law (UUITE) have been able to provide adequate legal protection for consumers in making transactions via …

Tanggung Jawab Direksi Dalam Kepailitan Perseroan Terbatas Berdasarkan Undang-Undang Perseroan Terbatas, Fenny Kusumaningtyas

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The Board of Directors according to the Company Law is defined as a corporate organ that is authorized and fully responsible for the management of the company for the benefit of the company, in accordance with the aims and objectives of the company and represents the company, both inside and outside the court in accordance with the provisions of the articles of association. The Board of Directors is a corporate organ that has the right and authority to run the company, act for and on behalf of the company, both inside and outside the court. The Board of Directors is …

How General Data Protection Regulation Advances And Harmonizes The International Controller, Processor And Data Subject Contracts, Azam Zarechahoki

Theses and Dissertations

In the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect …

Flattening The Curve While Protecting Our Right To Privacy: How The United States Can Implement The Digital Contract Tracing Efforts Used In East Asia, Evan Morris

Global Business Law Review

This paper looks at the digital contact tracing efforts implemented by other nations and assesses how similar measures could operate under enacted and proposed United States laws. Part I overviews the history of contact tracing and its effectiveness in prior disease outbreaks. Part II delves into the digital contact tracing efforts implemented by South Korea and Singapore. These summaries include: the digital contact tracing efforts taken, the laws that authorize these efforts, the public’s reception, and the overall effectiveness of the efforts. Part III overviews the digital contact tracing efforts in the United States, including proposed legislation aimed at user …

The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes

Washington and Lee Law Review

Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP’s desire to control information. Controlling information means controlling data. Lurking beneath the People’s Republic of China’s (PRC) tumultuous relationship with the rest of the world is the fight between nations to control their citizens’ data while also keeping it out of the hands of adversaries. The CCP’s Three Laws are its newest weapon in this data war.

One byproduct of the CCP’s emphasis on controlling …

Submission Of The Citizen Lab (Munk School Of Global Affairs, University Of Toronto) To The United Nations Working Group On Enforced Or Involuntary Disappearances, Siena Anstis, Ronald J. Deibert, Émilie Laflèche, Jonathon W. Penney

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Investing In Human Futures: How Big Tech And Social Media Giants Abuse Privacy And Manipulate Consumerism, Brett Dembrow

University of Miami Business Law Review

Social media companies such as Facebook, Twitter, and Instagram originated with one seemingly innocent goal: “to bring the world closer together.”1 Now, these Big Tech giants own and operate some of the most powerful platforms in the world simply because of their unethical yet effective strategies to maintain their users’ attention. Social media companies have monetized the amount of time their users spend on their platforms by honing in on the individual preferences of each user and selling that access to advertisers. This heightened access to potential consumers and their preferences has become the most valuable marketing tool for digital …

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.

Cybersecurity Spillovers, Mark Verstraete, Tal Zarsky

BYU Law Review

This Article identifies and analyzes a previously unrecognized source of positive externalities within cybersecurity, which we term "cybersecurity spillovers". Most commentators have focused on negative externalities and market failures, leading to a pervasive pessimism about the possibility of adequate cybersecurity protections. In response, this Article demonstrates that unique dynamics from the world of cloud computing – most notably, indivisibility – may force cloud service firms to generate spillovers. These spillovers are additional security protections provided to common cloud users: clients who may not have been willing or able to acquire these security services otherwise. Furthermore, this additional source of security …

Risk And Rights In Transatlantic Data Transfers: Eu Privacy Law, U.S. Surveillance, And The Search For Common Ground, Ira Rubinstein, Peter Margulies

Connecticut Law Review

Privacy advocates rightly view the Court of Justice of the European Union (CJEU) decision in Data Protection Commissioner v. Facebook Ireland Ltd. and Maximilian Schrems (Schrems II) as a landmark. But, one stakeholder’s landmark is another’s headache. The CJEU’s decision invalidated the EU-U.S. Privacy Shield agreement governing transatlantic transfers of personal data. Citing U.S. surveillance, the CJEU found that data transfers lacked adequate privacy protections under the EU’s General Data Protection Regulation (GDPR). The Schrems II decision thus clouded the future of data transfers that help drive the global economy. This Article offers a hybrid approach to safeguard privacy rights …