Digital Commons Network^™

Realizing A New Right: The Right To Repair At The Federal Stage, Jared A. Mark

North Carolina Journal of Law & Technology

No abstract provided.

Psychological Data Breach Harms, Ido Kilovaty

North Carolina Journal of Law & Technology

No abstract provided.

Agchain: Deploying A Public Utility Blockchain To Unveil The Missing Links Between Food Origin And Destination, Jacob D. Farrell

North Carolina Journal of Law & Technology

No abstract provided.

Schrems Ii And Tiktok: Two Sides Of The Same Coin, David A. Hoffman

North Carolina Journal of Law & Technology

No abstract provided.

Political Posturing Or A Move Towards "Net Nationalism?" The Legality Of A Tiktok Ban And Why Foreign Tech Companies Should Be Paying Attention, Gabrielle Supak

North Carolina Journal of Law & Technology

No abstract provided.

Too Dangerous To Exist: Holding Compromised Internet Platforms Strictly Liable Under The Doctrine Of Abnormally Dangerous Activities, Jordan Glassman

North Carolina Journal of Law & Technology

No abstract provided.

Innovation Warfare, Jeanne Suchodolski, Suzanne Harrison, Bowman Heiden

North Carolina Journal of Law & Technology

No abstract provided.

Designing A Pattern, Darkly, Justin Hurwitz

North Carolina Journal of Law & Technology

There is growing academic, regulatory, and legislative interest in “dark patterns”—digital design practices that influence user behavior in ways that may not align with users’ interests. For instance, websites may present information in ways that influence user decisions, or use design elements that make it easier for users to engage in one behavior (e.g., purchasing the items in a shopping cart) than another (e.g., reviewing the items in that shopping cart). The general thrust of this interest is that dark patterns are problematic and require regulatory or legislative action.

While acknowledging that many concerns about dark patterns are legitimate, this …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Your Natural Gas Is Not Cyber-Secure: A Two-Fold Case For Why Voluntary Natural Gas Pipeline Cybersecurity Guidelines Should Become Mandatory Regulations Overseen By The Department Of Energy, Madeline A. Labovitz

North Carolina Journal of Law & Technology

In the past two decades, the United States has increased the production and use of natural gas to fuel every day American life. This increase has resulted in the construction of millions of miles of natural gas pipelines. While this development has produced a number of benefits, natural gas pipelines have introduced the threat of cyberattacks on natural gas infrastructure. This substantial threat is currently managed by voluntary guidelines promulgated by the Transportation Security Administration (“TSA”). While the private industry is satisfied to maintain the status quo and leave these threats essentially self-regulated, voluntary guidelines are not sufficient to defend …

Sextortion: The Hybrid "Cyber-Sex" Crime, Alessandra Carlton

North Carolina Journal of Law & Technology

Sextortion is an increasingly prevalent internet crime, but it is not well-defined or understood. As new technology makes the challenge of combatting sextortion even more difficult, regulators should consider using a broad definition of sextortion to capture the myriad of ways that criminals are extorting victim with their sexual images. This recent development discusses the pervasiveness and methods of the crime, particularly in the context of technology, and the need for federal government action and legislation to promote public awareness of this disturbingly prevalent cyber-sex crime. This article recommends a sextortion attack plan that would involve: (1) enactment of a …

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Mal-Who? Mal-What? Mal-Where? The Future Cyber-Threat Of A Non-Fiction Neuromancer: Legally Un-Attributable, Cyberspace-Bound, Decentralized Autonomous Entities, Jonathan A. Schnader

North Carolina Journal of Law & Technology

For decades, science fiction writers have tackled philosophical and existential questions arising from the creation of artificial intelligence (“AI”) by human beings. AI, however, is no longer a fictional concept, but rather an evolving part of modern society. How will AI systems impact United States’ national security interests? Considering the increased national security threat coming from actors in cyberspace, policymakers should consider the cybersecurity risk of AI systems that operate entirely in cyberspace. This article opines that a serious threat to national security will arise from a cyberspace-bound, decentralized autonomous entity (“CyDAE”) because of the “unexplainability” of current AI system …

Facebook's "Oversight Board:" Move Fast With Stable Infrastructure And Humility, Evelyn Douek

North Carolina Journal of Law & Technology

Facebook’s proposed Oversight Board is one of the most ambitious constitution-making projects of the modern era. With pre-existing governance of tech platforms delegitimized in the ongoing “techlash,” this represents a pivotal moment when new constitutional forms can emerge that will shape the future of online discourse. For all the potential of the Facebook Oversight Board (FOB), there are many things it cannot be. It will not hear a sufficient proportion of Facebook’s content moderation cases to be a meaningful response to calls for greater due process in individual decisions. Nor will it be able to become a font of globally …

Tulips, Oranges, Worms, And Coins -- Virtual, Digital, Or Crypto Currency And The Securities Laws, Thomas Lee Hazen

North Carolina Journal of Law & Technology

This Article examines the applicability of the federal securities laws to digital currencies. Although some enforcement actions have been brought by the SEC, digital currency transactions remain largely unregulated. The securities laws contain a broad definition of what constitutes a security. Finding a security to exist triggers many regulatory provisions of the securities laws. There is considerable case law interpreting the now well-developed test for what constitutes an “investment contract” leading to the finding that a security exists. However, to date, there is sparse authority applying the securities laws to virtual, digital, or crypto currencies. This article examines the investment …

La Crypto Nostra: How Organized Crime Thrives In The Era Of Cryptocurrency, Chelsea Pieroni

North Carolina Journal of Law & Technology

The advent of Bitcoin and other forms of cryptocurrency has left a permanent mark on the world as we know it, regardless of what percentage of the populace will ever touch or comprehend cryptocurrency in its lifetime. Thanks to the advent of blockchain technology, cryptocurrency has given rise to expedited international exchanges, increased protection of consumer identity, and secured methods for logging transactions. But cryptocurrency’s nebulous nature makes it inherently vulnerable to a slew of hacks, cyberattacks, and run-of-the-mill theft. Moreover, its indeterminate qualities make cryptocurrency incredibly difficult for federal law to wrangle. But, perhaps most chillingly, the rise of …

Cybersecurity Of Autonomous Systems In The Transportation Sector: An Examination Of Regulatory And Private Law Approaches With Recommendations For Needed Reforms, Jeanne C. Suchodolski

North Carolina Journal of Law & Technology

The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety, efficiency, and productivity benefits. Yet AASD operate under continual threat of cyber-attack. ¶ Compromised AASD can produce dire consequences in the transportation sector. The possible consequences extend far beyond financial harms to severe bodily injury or even death. Given both the prevalence of cyber threats …

Signature Management Team Llc V. Doe: The Right To Anonymous Speech Post-Judgment, Kelly Waldo

North Carolina Journal of Law & Technology

No abstract provided.

Taming The Golem: Challenges Of Ethical Algorithmic Decision-Making, Omer Tene, Jules Polonetsky

North Carolina Journal of Law & Technology

No abstract provided.

Health Privacy And (Lack Of) Legal Protections In A Technology-Driven Economy, Mystica M. Alexander, Cheryl Kirschner, Patrick A. Sholten, David J. Yates

North Carolina Journal of Law & Technology

No abstract provided.

The Battle Of The Verbs: The Ninth Circuit’S Reconciliation Of “Verbing” With Trademark Law And Practices, Taylor Carrere

North Carolina Journal of Law & Technology

No abstract provided.

Leveraging Blockchain Technology In Property Records: Establishing Trust In A Risk-Filled Market, Maksymilian Ewendt

North Carolina Journal of Law & Technology

No abstract provided.

Uber And The Communications Decency Act: Why The Ride-Hailing App Would Not Fare Well Under § 230, Adeline A. Allen

North Carolina Journal of Law & Technology

No abstract provided.

The Security And Privacy In Your Car Act: Will It Actually Protect You?, Benjamin L. Bollinger

North Carolina Journal of Law & Technology

No abstract provided.

Tracking Criminals With Internet Protocol Addresses: Is Law Enforcement Correctly Identifying Perpetrators?, Erin Larson

North Carolina Journal of Law & Technology

No abstract provided.

University Classroom Presentations As Prior Art Disclosures: Are Engineering Capstone Teams Unknowingly Giving Away The Fruits Of Their Labor?, Patricia E. Campbell

North Carolina Journal of Law & Technology

No abstract provided.

Is Cyberattack The Next Pearl Harbor?, Lawrence J. Trautman

North Carolina Journal of Law & Technology

No abstract provided.

Algorithmic Injustice: How The Wisconsin Supreme Court Failed To Protect Due Process Rights In State V. Loomis, Katherine Freeman

North Carolina Journal of Law & Technology

No abstract provided.

You Can't Always Get What You Want: How Will Law Enforcement Get What It Needs In A Post-Calea, Cybersecurity-Centric Encryption Era?, Stephanie K. Pell

North Carolina Journal of Law & Technology

No abstract provided.

Virtual Schools, Student Rights, And The First Amendment: Adjusting The Schoolhouse Gate To The 21st Century, Joseph O. Oluwole, Preston C. Green Iii

North Carolina Journal of Law & Technology

No abstract provided.