Digital Commons Network^™

Esg Factors In Municipal Securities Disclosures: Toward A Materiality Concept, Justin Marlowe

Northern Illinois University Law Review

State and local governments in the United States finance most of their infrastructure investment with debt instruments known as municipal bonds. The federal government does not directly regulate when or how municipal issuers access the municipal bond market, and only indirectly regulates the content of municipal borrowers’ disclosure to investors. A consequence of that unique regulatory structure is that municipal borrowers have wide discretion on whether to disclose falling property values, rising crime rates, and other long-term threats to their ability to repay investors. This is at odds with the ever-expanding information needs of investors who seek to align their …

Authentication Of Cybernetic Avatars And Legal System Challenges; With A View To The Trial Concept Of New Dimensional Domain Jurisprudence (Ai, Robot, And Avatar Law), Fumio Shimpo

Japanese Society and Culture

This article aims to illustrate the basis for the development of authentication, which will be the foundation of future cybernetic-avatar (CA) infrastructures, enabling the safe and secure use of CA’s. This will be realised by the authentication of CA operators (User Authentication Technology), identification and authentication of CA’s (CA Authentication), and ensuring connectivity and existence between operators (User Entities) and the CA’s themselves (CA Notarisation). An ELSI (Ethical, Legal, Social Implications) research platform will be established, to develop a new dimension of the legal field, that is, AI, Robot, and Avatar Law to solve the social issues and realise an …

Establishing A Future-Proof Framework For Ai Regulation: Balancing Ethics, Transparency, And Innovation, Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Training Law Students For Cybersecurity Practice, Stephen Black

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …

Has The "Cyber-Marketplace Of Ideas" Gone Rogue?, Matthew J. Blaney

Lincoln Memorial University Law Review Archive

To this day, First Amendment jurisprudence protects the rights of speakers whose views the overwhelming majority of people may find distasteful or discomforting—at least offline, that is. The internet and social media, however, present a complex case for whether or not to regulate hate speech online.Social media has done a tremendous deal of good in the world—including serving as the foundation for promoting awareness of police brutality and the #MeTooMovement. Nevertheless, social media has seen a tsunami of hate since the beginning of the Covid-19 pandemic, and the situation is only escalating. And worst of all, the social media platforms …

Artificial Intelligence-Altered Videos (Deepfakes), Image-Based Sexual Abuse, And Data Privacy Concerns, Chidera Okolie

Journal of International Women's Studies

Artificial Intelligence (AI) is a phenomenon that has become embedded in human life, and this symbiotic relationship between technology and humanity is here to stay. One such use of AI is deepfakes. The use of AI for deepfakes is arguably one of the most controversial topics because it raises ethical issues. Deepfakes are images or recordings that have been convincingly altered and manipulated to misrepresent someone as doing or saying something that they did not actually do or say. These manipulations thrive in the political arena and recently in the pornography industry, in which women’s faces are masked onto other …

K-Pop’S Secret Weapon: South Korea’S Criminal Defamation Laws, Rebecca Xu

San Diego International Law Journal

South Korea’s criminal defamation laws have long been considered an intrusion on the free speech rights of citizens, especially in regard to the usage by politicians against their opponents and journalists to suppress criticisms. This Comment considers the history and effects of these controversial defamation laws through the lens of recent scandals within the Korean entertainment industry, where regular citizens accusing Korean celebrities of past school violence are confronted with threats of defamation charges. To highlight the controversial nature of such laws, comparisons will be drawn between South Korea and other countries to highlight the restrictive nature of Korea’s laws.

Call To Action: The Impact Of Cyberbullying In The Covid Era, Katherine A. Graves, Monica Romero, Chad Rose, Lindsey Mirielli, Cannon Ousley, Tracey K. Milarsky, Evan Simpkins

Journal of Curriculum, Teaching, Learning and Leadership in Education

Given the recent COVID-19 pandemic, research suggests that students are spending an increased amount of time online. Consequently, the opportunity for students engaged in, or students who are a victim of cyberbullying has increased as well. Bullying no longer begins and ends with the school bells, it has infiltrated every aspect of students’ lives through the internet. Similarly, to bullying, cyberbullying leads to negative outcomes; the purpose of this article is to identify support, prevention, and intervention suggestions for parents, educators and schools, and mental health providers to decrease students’ cyberbullying involvement.

An Exigency For Consumer Protection Against Counterfeit Product Marketing On The Internet: A Legislative Perspective, Deepti Nahush Khubalkar Dr, Shilpa Santosh Sharma Dr

International Journal on Consumer Law and Practice

The world of the Internet has opened a limitless market for sellers and buyers but at the same time, it has opened a new chapter of infringement and theft of the identity of well-established companies which trade online. Both original and fake companies are attracted by the lucrative market online; this has ultimately resulted in trading in counterfeit products. Digital marketing is more than just thebusiness of disseminating product information for online sales. It involves content building for marketing, designing of the website, information about the product, customer support tools, chat rooms, online payment system etc. Marketing is a commercial …

Age-Old Tools And Techniques To Protect Consumers Need To Be Sharpened In The Light Of Artificial Intelligence, Rajesh Bahuguna Prof, Radhey Shyam Jha Dr

International Journal on Consumer Law and Practice

We all are consumers by birth and remain consumers till death, and at the same time, it is also true that a consumer becomes the victim of exploitation in different ways. Adulterations, underweight, duplicate or cloned goods, and misleading and insufficient information are some ways of victimizing consumers. Today, we are standing at a juncture where we have a series of legislative, judicial, and administrative efforts to protect consumers. On the other hand, we have a plethora of incidents of exploitation of consumers. The nature of the legislation available for the protection of consumers is not purely criminal but sometimes …

The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews the goals, history, and impact of the new gender identity politics. Based on the Yogyakarta Principles, these new ideas and policies will profoundly affect the rights of women and girls worldwide. The Principles are a document from an international meeting about sexual orientation and gender identity in 2006. In 2017, the document was updated to the Yogyakarta Principles Plus 10. The Principles recommend legal changes by states worldwide, resulting in the erasure of sex as a legal and cultural category. These principles have been widely used to lobby for legal changes resulting in profound structural …

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …

**The Internet-Of-Bodies/Human Mind Unification: Its Threat To Democracy And The Need For A Legal Response**, Zachary Atchley

Lincoln Memorial University Law Review Archive

No abstract provided.

Take Note: Teaching Law Students To Be Responsible Stewards Of Technology, Kristen E. Murray

Catholic University Law Review

The modern lawyer cannot practice without some deployment of technology; practical and ethical obligations have made technological proficiency part of what it means to be practice-ready. These obligations complicate the question of what constitutes best practices in law school.

Today’s law schools are filled with students who are digital natives who don’t necessarily leverage technology in maximally efficient ways, and faculty who span multiple generations, with varying amounts of skepticism about modern technology. Students are expected to use technology to read, prepare for class, take notes, and study for and take final exams. Professors might use technology to teach or …

Theories Of Naval Blockades And Their Application In The Twenty-First Century, Adam Biggs, Dan Xu, Joshua Roaf, Tatana Olson

Naval War College Review

Technological advancements in weapon systems, platforms, and communications raise questions about the continuing relevance of blockade strategies and tactics that were developed during previous eras of naval warfare. If modern navies are using a centuries-old strategy, to what extent do the old rules still apply?

Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips

Journal of Digital Forensics, Security and Law

Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …

Study On The Implementation Of The Regulations Of Terrorism Activities In Social Media, Angga Dewanto Basari, Muhammad Syauqillah, Asep Usman Ismail

Journal of Strategic and Global Studies

The legal scope of the Terrorism Law and the Information and Electronic Transactions Law in Indonesia is considered as lacking to cover the problem of cybercrime in social media. Aside from literature review, this paper is also supported by data from direct interview with the Head of Counterterrorism Special Detachment 88 (Densus 88 AT) of Indonesian National Police. The data found out that the Terrorism Law is a repressive response towards terrorism crimes that have already occured, but less preventive to future crimes. The existence of laws in Indonesia is often one step behind its crime. The difference of perception …

How The Race Of A Neighborhood Criminalizes The Citizens Living Within: A Focus On The Supreme Court And The "High Crime Neighborhood", Deandre' Augustus

St. Thomas Law Review

My whole life I was taught that all men are not created equal. This was beaten into my brain by my loving mother who just wanted me to be safe. You see, this message was part of what most young Black men hear when given “the talk.” I remember multiple variations of the talk given to me throughout my early childhood. However, a variation of the talk was most vividly remembered while taking our dog for a walk around my neighborhood with my mother. At the time, we lived in a suburban area, in a predominantly White neighborhood of Baton …

Packingham V. North Carolina, Madeleine Burnette-Mcgrath

Ohio Northern University Law Review

No abstract provided.

C Is For Cookie: Is The Eu's New "Cookie Law" Good Enough To Protect My Data?, William A. Meyers

The International Lawyer

[...]data breaches have consistently increased in recent years, with almost 1,300 breaches in 2017 and over 600 as of July 24, 2018.11 This is obviously a problem that affects millions of people across the globe each year and is expected to continually increase as the global economy becomes ever more digital, forcing some to call for action. [...]the comment will speculate as to any potential legal developments as a result of the GDPR's implementation in the European Union and ways that it may evolve over time to affect not only the European Union but also other nations that do business …

From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe

Catholic University Law Review

In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …

Nature's Law And The Nature Of The Cosmos: Ancient Human Stories About Perennial Moral Concerns, Roy Balleste

Intercultural Human Rights Law Review

When I was twelve years old, I was a guest at an unknown installation managed by the U.S. Air Force. The installation harbored a precious instrument: a solar telescope. I stood in front of the telescope while looking into outer space, and I was both excited from my visit and anxiously hoping for a better future for humanity. This experience opened up for me a world of new perceptions about the cosmos. I had wondered before about the mysteries of the universe. Since that time, new technologies have been developed and the achievements of human ingenuity have been fascinating, but …

Power, Law, And The End Of Privateering, John B. Hattendorf, Jan Martin Lemnitzer

Naval War College Review

No abstract provided.

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …

Security, Law & Public Policy - Assessing The Efficacy Of A National Security Vs. Law Enforcement Model To Combat Terrorism, Marvin L. Astrada

St. Thomas Law Review

The relationship between security, law, and public policy, generally speaking, is one fraught with tension. This is the case, in part, because security has the potential for limitless application. During the campaign and since taking office, candidate (and later President) Trump clearly espoused an emphasis on security in order to "Make America Great Again." Securitization measures from a political, economic, sociocultural, and foreign policy perspective were key pillars of President Trump's campaign and have informed Executive policy-making since Trump assumed office. In the present highly contentious political environment, wherein the Executive has vigorously articulated and pursued an expansive sociopolitical and …

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.

University of Richmond Law Review

No abstract provided.

Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler

Seattle University Law Review

Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally, …

Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion

Intercultural Human Rights Law Review

Since the beginning of the 1600s, slavery was a known issue in the United States (U.S.). Although slavery was abolished in 1863 as a result of the Civil War, slavery persists in the present day. Modem day slavery is human trafficking. Although there is a misconception that human trafficking is only an international issue, victims need not cross international borders to be trafficked. Even though trafficking suggests movement or travel, there is no requirement that victims must be transported in order for trafficking to take place. Annually, approximately 700,000 victims are trafficked within U.S. borders. In the U.S. alone, there …

The Shell Game: An Easy Hide-And-Go-Seek Game For Criminals Around The World, Idelys Martinez

St. Thomas Law Review

This Comment explores how the laws of the United States facilitate the formation of anonymous shell corporations, how criminals take advantage of these laws, and how the United States is in dire need of a change. Part I of this Comment discussed the legitimate and illicit uses of shell corporations by weighing the interests of corporate owners and their need for shell corporations and the potential risks that shell corporations pose to the United States. Part II of this Comment outlines the legislative efforts to regulate anonymity and discusses why the current laws and proposed legislation are ineffective. Part III …