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The Law Of The Platform, Orly Lobel
The Law Of The Platform, Orly Lobel
Faculty Scholarship
New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection. The battle over law in the platform is therefore both conceptual and highly practical. …
Economic Espionage As Reality Or Rhetoric: Equating Trade Secrecy With National Security, Rochelle Cooper Dreyfuss, Orly Lobel
Economic Espionage As Reality Or Rhetoric: Equating Trade Secrecy With National Security, Rochelle Cooper Dreyfuss, Orly Lobel
Faculty Scholarship
In the last few years, the Economic Espionage Act (EEA), a 1996 statute that criminalizes trade secrecy misappropriation, was amended twice, once to increase the penalties and once to expand the definition of trade secrets and the types of behaviors that are illegal. Recent developments also reveal a pattern of expansion in investigation, indictments, and convictions under the EEA as well as the devotion of large resources by the FBI and other agencies to warn private industry against the global threats of trade secret theft. At the international level, the United States government has been advocating enhanced levels of trade …