Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Schulich School of Law, Dalhousie University (6)
- The Catholic University of America, Columbus School of Law (5)
- UC Law SF (3)
- UIC School of Law (3)
- Brooklyn Law School (2)
-
- Cleveland State University (2)
- Southern Methodist University (2)
- University of Michigan Law School (2)
- University of Oklahoma College of Law (2)
- Duke Law (1)
- Embry-Riddle Aeronautical University (1)
- Georgia State University College of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Santa Clara Law (1)
- U.S. Naval War College (1)
- Universitas Indonesia (1)
- University at Buffalo School of Law (1)
- University of Florida Levin College of Law (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Cyberspace (3)
- Cybersecurity (2)
- Hacking (2)
- Acquisition of knowledge (1)
- Additional Protocol I (1)
-
- Administration (1)
- Affiar (1)
- Affiars (1)
- America (1)
- American (1)
- Arms Control Law (1)
- Artificial intelligence (1)
- Ashley Madison (1)
- Attorney-client privilege; full and frank conversations; hack; hackers; hacktivism; whistleblowing; technology; cybersecurity; ethics; bar associations; evidence; Federal Rules of Evidence; Federal Rules of Civil Procedure; claw back agreements; quick peek agreements; litigation; waiver; express waiver; implicit waiver; privileged communications; inadvertent disclosure; unintentional disclosure; unauthorized disclosure; purloined communications; stolen documents; technology; email; Wikileaks; Panama papers; Ashley Madison; Clinton Foundation; Teneo; John Podesta; Sony Entertainment; public domain; duty of confidentiality (1)
- Augmented reality (1)
- Autonomous vehicles (1)
- Big data (1)
- Bitcoin (1)
- Browsewrap (1)
- Cheating (1)
- China (1)
- Chinese copyright law (1)
- Civil liberties (1)
- Click-through (1)
- Clickwrap (1)
- Cloud computing (1)
- Compulsory license (1)
- Computer programming (1)
- Computers (1)
- Conflict Escalation (1)
- Publication
-
- Canadian Journal of Law and Technology (6)
- Catholic University Journal of Law and Technology (5)
- UC Law Science and Technology Journal (3)
- Brooklyn Law Review (2)
- Cleveland State Law Review (2)
-
- Michigan Telecommunications & Technology Law Review (2)
- Oklahoma Journal of Law and Technology (2)
- SMU Science and Technology Law Review (2)
- UIC Review of Intellectual Property Law (2)
- Buffalo Law Review (1)
- Duke Law & Technology Review (1)
- Florida Law Review (1)
- Georgia State University Law Review (1)
- International Law Studies (1)
- Journal of Digital Forensics, Security and Law (1)
- Jurnal Hukum & Pembangunan (1)
- Loyola of Los Angeles Law Review (1)
- Marquette Intellectual Property Law Review (1)
- Santa Clara High Technology Law Journal (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- University of Richmond Law Review (1)
- Washington and Lee Law Review (1)
- West Virginia Law Review (1)
- William & Mary Bill of Rights Journal (1)
Articles 1 - 30 of 41
Full-Text Articles in Entire DC Network
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary
William & Mary Bill of Rights Journal
This Article addresses touch DNA, chemical analysis of skin traces, and the implications for crime scene investigation, arguing that changes in how trace evidence is analyzed require alterations in the law’s approach to its use. Part I discusses the history of traditional DNA analysis. Part II examines the emergence of touch DNA and related technologies and how they differ from traditional DNA analysis. Part III outlines the specific risks created by the collection and storing of results under the current outdated jurisprudence. Part IV focuses on specific risks to suspects and victims of crime. Part V proposes a legal framework …
Property Rights In Augmented Reality, Declan T. Conroy
Property Rights In Augmented Reality, Declan T. Conroy
Michigan Telecommunications & Technology Law Review
Increasingly, cities, towns, and even rural communities are being slowly reshaped by a dynamic yet initially imperceptible phenomenon: the elaboration of augmented reality. Through applications that place virtual features over specific, real-world locations, layers of augmented reality are proliferating, adding new elements to an increasingly wide range of places. However, while many welcome the sudden appearance of arenas for battling digital creatures in their neighborhood or the chance to write virtual messages on their neighbor’s wall, the areas being augmented oftentimes are privately owned, thereby implicating property rights. Many intrusions, of course, are de minimis: an isolated, invisible Pikachu unexpectedly …
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Journal of Digital Forensics, Security and Law
Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …
The Legal Implications Of Sony's Cyberhack, Alex Campbell
The Legal Implications Of Sony's Cyberhack, Alex Campbell
Oklahoma Journal of Law and Technology
No abstract provided.
The Sky Is Not Falling: An Analysis Of The National Strategy For Trusted Identities In Cyberspace And The Proposed Identity Ecosystem, Aaron L. Jackson
The Sky Is Not Falling: An Analysis Of The National Strategy For Trusted Identities In Cyberspace And The Proposed Identity Ecosystem, Aaron L. Jackson
Oklahoma Journal of Law and Technology
No abstract provided.
Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes
Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes
UC Law Science and Technology Journal
No abstract provided.
Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies
Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies
Florida Law Review
ISIS’s cultivation of social media has reinforced states’ interest in using automated surveillance. However, automated surveillance using artificial intelligence (“machine learning”) techniques has also sharpened privacy concerns that have been acute since Edward Snowden’s disclosures. This Article examines machine-based surveillance by the NSA and other intelligence agencies through the prism of international human rights.
Two camps have clashed on the human rights implications of machine surveillance abroad. The state-centric camp argues that human rights agreements like the International Covenant on Civil and Political Rights (ICCPR) do not apply extraterritorially. Moreover, the state-centric camp insists, machine surveillance is inherently unintrusive, like …
Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy
Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy
Washington and Lee Law Review
No abstract provided.
Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard
Is Your Health Data Really Private? The Need To Update Hipaa Regulations To Incorporate Third-Party And Non-Covered Entities, Latena Hazard
Catholic University Journal of Law and Technology
This note argues that the current framework that governs health care applications and consumer privacy is slacking and outlines strategies to ensure protection against third party accessibility of information that consumers deem private.
Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross
Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross
Catholic University Journal of Law and Technology
This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial revolution, …
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Duke Law & Technology Review
Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
Privacy Law That Does Not Protect Privacy, Forgetting The Right To Be Forgotten, Mckay Cunningham
Privacy Law That Does Not Protect Privacy, Forgetting The Right To Be Forgotten, Mckay Cunningham
Buffalo Law Review
No abstract provided.
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
University of Richmond Law Review
No abstract provided.
New Threats To Vehicle Safety: How Cybersecurity Policy Will Shape The Future Of Autonomous Vehicles, Caleb Kennedy
New Threats To Vehicle Safety: How Cybersecurity Policy Will Shape The Future Of Autonomous Vehicles, Caleb Kennedy
Michigan Telecommunications & Technology Law Review
This note assesses the threat that hacking and related cybersecurity issues will pose to autonomous vehicles. Given the sweeping safety benefits autonomous vehicles will potentially bring to society, protecting against hacking and cyber-threats must be one of the top priorities for industry and public safety officials if autonomous vehicles are to gain widespread acceptance in the market. It proposes a framework for how these concerns should be addressed and how we can mitigate the risks. It addresses both proactive and reactive measures that can be taken by manufacturers, how to incentivize these measures, and the role cyber-insurance can play in …
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
Drinking From The Fire Hose: How Massive Self-Surveillance From The Internet Of Things Is Changing The Face Of Privacy, Steven I. Friedland
West Virginia Law Review
No abstract provided.
Legal Protection For Bitcoin Investors In Indonesia: To Move Beyond The Current Exchange System, Mariske Myeke Tampi
Legal Protection For Bitcoin Investors In Indonesia: To Move Beyond The Current Exchange System, Mariske Myeke Tampi
Jurnal Hukum & Pembangunan
Since Indonesia has known and enforced the concept of tort, an act regarded as tort is not only actions contrary to the law, but an act that violates the principles of propriety, the principles of thoroughness and cautionary principle also included in tort. Around 2010, it was found that the act of not fulfilling the decision of court which has binding power associated for compensatory money in cases of corruption becomes the basis of a tort lawsuit, where the problem is that court verdict is not a main legal source for countries which adopt civil law such as Indonesia. Therefore, …
Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones
Having An Affair May Shorten Your Life: The Ashley Madison Suicides, Sakinah N. Jones
Georgia State University Law Review
Ashley Madison is an online dating service originally designed for people in committed relationships who want to cheat on their partners. In 2015, the website claimed to be “100% discreet.” Ashley Madison’s FAQs promised that its users would never compromise their “safety, privacy or security” and would never have to reveal their identities unless they chose to.
Ashley Madison’s concept attracted over forty million ostensibly anonymous members to its site. In July 2015, a group calling itself The Impact Team (Impact) hacked into Ashley Madison’s parent company, Avid Life Media, Inc. (Avid Life), breaching its security walls and reaching directly …
Privacy By Design: Taking Ctrl Of Big Data, Eric Everson
Privacy By Design: Taking Ctrl Of Big Data, Eric Everson
Cleveland State Law Review
The concept of Privacy by Design is rooted in systems engineering. Yet, it is the legal framework of global privacy that gives new color to this concept as applied to Big Data. Increasingly, the long arm of the law is reaching into Big Data, but it is not simply by matter of regulatory enforcement or civil legal developments that Privacy by Design (PbD) is being thrust into the spotlight once more.
Given that Big Data is considered miniscule in contrast to future data environments, PbD is simply the right thing to do. This paper aims to explore the origin of …
It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean
It Depends: Recasting Internet Clickwrap, Browsewrap, "I Agree," And Click-Through Privacy Clauses As Waivers Of Adhesion, Charles E. Maclean
Cleveland State Law Review
Digital giants, enabled by America’s courts, Congress, and the Federal Trade Commission, devise click-through, clickwrap, browsewrap, "I Agree" waivers, and other legal fictions that purport to evidence user "consent" to consumer privacy erosions. It is no longer enough to justify privacy invasions as technologically inevitable or as essential to the American economy. As forced consent is no consent at all, privacy policies must advance with the technology. This article discusses adhesion waivers, the potential for FTC corrective action, and a comparison to privacy policies of the European Union.
Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland
Thriving In The Online Environment: Creating Structures To Promote Technology And Civil Liberties, Daniel W. Sutherland
Catholic University Journal of Law and Technology
No abstract provided.
Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton
Manhattan_Project.Exe: A Nuclear Option For The Digital Age, David Laton
Catholic University Journal of Law and Technology
This article explores the possible implications and consequences arising from the use of an artificial intelligence construct as a weapon of mass destruction. The digital age has ushered in many technological advances, as well as certain dangers. Chief among these pitfalls is the lack of reliable security found in critical information technology systems. These security gaps can give cybercriminals unauthorized access to highly sensitive computer networks that control the very infrastructure of the United States. Cyberattacks are rising in both frequency and severity and the response by the U.S. has been ineffective. A cyber-weapon of mass destruction (CWMD) implementing an …
Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin
Is Wifi Worth It: The Hidden Dangers Of Public Wifi, Ellie Shahin
Catholic University Journal of Law and Technology
No abstract provided.
Managing Cyberthreat, Lawrence J. Trautman
Managing Cyberthreat, Lawrence J. Trautman
Santa Clara High Technology Law Journal
Managing Cyberthreat
Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick
Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick
UC Law Science and Technology Journal
No abstract provided.
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Reevaluating Attorney-Client Privilege In The Age Of Hackers, Anne E. Conroy
Brooklyn Law Review
The news story is now familiar: hackers breach a security system and post internal, confidential information online for anyone with an Internet connection to comb through. This digital version of whistleblowing, called “hacktivism,” is attractive to the media, which has leaned on broad First Amendment protections to widely cover the confidential communications revealed by hackers. These hacks also provide attorneys with enticing opportunities to look through previously confidential files. But as ethics and evidentiary rules stand, it is not clear if an attorney may view the files, let alone use them as evidence in litigation. That companies are hacked is …
Gotta Catch . . . A Lawsuit? A Legal Insight Into The Intellectual, Civil, And Criminal Battlefield Pokémon Go Has Downloaded Onto Smartphones And Properties Around The World, 16 J. Marshall Rev. Intell. Prop. L. 329 (2017), Andrew Rossow
UIC Review of Intellectual Property Law
Our society, and its millennials, have entered the digital age, whereby almost everything is conducted and perpetuated through electronic devices. Smartphones have dominated the mobile device market and have allowed its users to download mobile applications and games to the device. Pokémon Go, is the latest trend in mobile gaming and the start to a bright future of augmented reality. But what happens when augmented reality meets the physical world? Do our modern-day statutes and laws extend into the cyberspace that it is augmented reality? What happens when a user of an augmented reality game enters onto the property of …
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
UIC John Marshall Journal of Information Technology & Privacy Law
Colleges and universities are prime targets for cyberattacks. Authors Gregory L. Demers, Seth C. Harrington, Mark A. Cianci, and Nicholas R. Green explore emerging data security risks and litigation trends on college campuses, and offer ways to manage these risks through a comprehensive insurance plan. Given the increasing variety and complexity of plans available, it is incumbent upon universities to regularly reassess the coverage afforded by their existing policies.
The Second Amendment And The Struggle Over Cryptography, Eric Rice
The Second Amendment And The Struggle Over Cryptography, Eric Rice
UC Law Science and Technology Journal
No abstract provided.
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …