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Articles 1 - 30 of 44
Full-Text Articles in Entire DC Network
The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan
The Skeleton Of A Data Breach: The Ethical And Legal Concerns, Hilary G. Buttrick, Jason Davidson, Richard J. Mcgowan
Richmond Journal of Law & Technology
After over thirty data breaches spanning the third and fourth quarter of 2012, Forbes magazine labeled the summer of 2012 as “The Summer of the Data Breach.” Four years later, businesses across multiple industries have suffered brand-image damage and paid millions of dollars in remedial expenses; we are living in the era of the mega breach. In 2014, companies such as Target, Home Depot, JP Morgan Chase, Anthem, Sony, UPS, Jimmy John’s, Kmart, Neiman Marcus, Community Health Systems, and the White House suffered data breaches. The Home Depot breach alone resulted in the loss of “56 million credit card accounts,” …
The Question Concerning Technology In Compliance, Sean J. Griffith
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
Compliance, Technology, And Modern Finance, Tom C.W. Lin
Compliance, Technology, And Modern Finance, Tom C.W. Lin
Brooklyn Journal of Corporate, Financial & Commercial Law
An important transformation is happening in the financial industry. The rise of new technology and compliance has dramatically altered many of the key functions and functionaries of modern finance. Artificial intelligence, algorithmic programs, and supercomputers, instead of human actors, now constitute the core of many financial operations. Compliance officers have become just as critical to financial institutions as traders, bankers, and analysts. Finance as we knew it has changed and continues to change. This symposium Article offers a studied commentary on these unfolding changes, the crosscutting developments in compliance, technology, and modern finance. It examines the concurrent and intersecting ascents …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Mitigating Cyber Risk In It Supply Chains, Maureen Wallace
Mitigating Cyber Risk In It Supply Chains, Maureen Wallace
Global Business Law Review
This note argues that the United States needs to utilize current federal agencies to begin introducing cyber supply chain risk management regulation for IT supply chains. Cyber supply chain risk management is a critical area of cybersecurity that has barely been recognized by the United States government. The globalization of the digital world has introduced a new spectrum of risk management issues that affect the products exchanged by businesses and consumed by individuals and government agencies. While there have been some initiatives toward the promotion of tighter cybersecurity regulation, most initiatives only concern the public sector, leaving the private sector …
Privatization Of The Judiciary, Eldar Haber
Privatization Of The Judiciary, Eldar Haber
Seattle University Law Review
The digital era invoked new challenges to judicial systems. The Internet enabled violation of privacy and intellectual property rights and enhanced the magnitude of criminal activity. Recognizing the inability of courts to handle a high magnitude of lawsuits, along with enforcement difficulties, policymakers worldwide chose to delegate quasi-judicial powers to online intermediaries that facilitate or enable such potential violations or infringements of rights. Search engines were first tasked to perform a quasi-judicial role under a notice-and-takedown regime to combat copyright infringement around the world. Recently, the European Union (EU) decided to delegate judicial authority to search engines by granting rights …
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow
Loyola of Los Angeles Law Review
No abstract provided.
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Northwestern University Law Review
Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …
Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder
Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder
The University of Cincinnati Intellectual Property and Computer Law Journal
Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of …
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Pace International Law Review
Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized …
Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram
Review Essay: Sara M. Smyth, Cybercrime In Canadian Criminal Law, 2nd Edition (Toronton: Carswell, 2015), Christopher D. Ram
Canadian Journal of Law and Technology
Dr. Smyth’s book is ambitious in its scope, seeking to trace the criminology and evolution of information technologies and cybercrime as the basis of current Canadian legislation and jurisprudence. It is intended as a concise student reference text or resource for those who are new to the subject area, studying in criminology and other areas, as opposed to law. A list of concepts and issues for discussion appears at the conclusion of each chapter and there is a glossary of technical (but not legal) terms at the end of the book. It takes a neutral and professorial approach, seeking to …
3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel
3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel
Minnesota Journal of Law, Science & Technology
No abstract provided.
Guns, Limbs, And Toys: What Future For 3d Printing?, Adam D. Thierer, Adam Marcus
Guns, Limbs, And Toys: What Future For 3d Printing?, Adam D. Thierer, Adam Marcus
Minnesota Journal of Law, Science & Technology
No abstract provided.
It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa
Time To Rethink Cybersecurity Reform: The Opm Data Breach And The Case For Centralized Cybersecurity Infrastructure, Zachary Figueroa
Catholic University Journal of Law and Technology
No abstract provided.
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Catholic University Journal of Law and Technology
No abstract provided.
A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie Reid
A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie Reid
University of Miami Law Review
In 1996, Congress passed the Economic Espionage Act (EEA), 18 U.S.C. Sections 1831 and 1832, to help thwart attempts by foreign entities intent on stealing U.S. proprietary information and trade secrets. Despite the passage of the EEA almost twenty years ago, if recent statistics are to be believed, there is so much trade secret thievery going around that the United States finds itself in the midst of an epidemic of economic espionage. Currently, any and all U.S. technology that is vulnerable and profitable is being targeted. Unfortunately, existing remedies and enforcement have barely blunted the onslaught against the U.S. which …
Protecting Brand Image Or Gaming The System? Consumer “Gag” Contracts In An Age Of Crowdsourced Ratings And Reviews, Lucille M. Ponte
Protecting Brand Image Or Gaming The System? Consumer “Gag” Contracts In An Age Of Crowdsourced Ratings And Reviews, Lucille M. Ponte
William & Mary Business Law Review
Traditionally, businesses developed and controlled brand image through company-sponsored advertising and marketing campaigns. With the rise of social media, brand communications have become more interactive, especially on crowdsourced review sites. This increased interactivity helps companies to gain valuable insight into the consumer experience and to improve their brand image and customer engagement. Businesses soon learned that positive consumer ratings and reviews often translated into enhanced brand reputation and increased revenues. Some merchants and professionals seek to burnish their brand image by paying for positive reviews while others try to silence disgruntled customers through adhesive nondisparagement clauses. These gag clauses may …
The Implications Of Creating An Iphone Backdoor, Gregory Coutros
The Implications Of Creating An Iphone Backdoor, Gregory Coutros
American University National Security Law Brief
No abstract provided.
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard
American University National Security Law Brief
No abstract provided.
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
American University National Security Law Brief
No abstract provided.
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson
Applying The Law Of Neutrality While Transitioning The Seas Of Cyberspace, Danielle Higson
American University National Security Law Brief
No abstract provided.
Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty
Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty
Michigan Telecommunications & Technology Law Review
Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …
Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma
UIC John Marshall Journal of Information Technology & Privacy Law
The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …
How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
Volume 7 Issue 1 (2016), Case Western Reserve Journal Of Law, Technology & The Internet
Volume 7 Issue 1 (2016), Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga
Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga
UIC John Marshall Journal of Information Technology & Privacy Law
While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
Health Information And Data Security Safeguards, 32 J. Marshall J. Info. Tech. & Privacy L. 133 (2016), Jane Kim, David Zakson
UIC John Marshall Journal of Information Technology & Privacy Law
The healthcare industry possesses information coveted by cyber criminals. Unfortunately, healthcare providers are also among the most vulnerable and unprepared to deal with cyber attacks. The Introduction sets the background of this paper with cyber security statistics of the healthcare sector. Part A of this paper will discuss how new Russian law impacts global data security. Part B takes a broad look at data security safeguards. Part C focuses on U.S. attempts at safeguarding data through NIST and its Presidential Policy Directive. In Part D, the paper explores in greater detail causes that precipitate security breaches and specific security defenses …