Law Commons^™

The Rise Of 5g Technology: How Internet Privacy And Protection Of Personal Data Is A Must In An Evolving Digital Landscape, Justin Rabine

Catholic University Journal of Law and Technology

No abstract provided.

The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao

Catholic University Journal of Law and Technology

The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.

This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …

À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando

Catholic University Journal of Law and Technology

Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.

This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …

The Writing’S On The Wall: Using Multimedia Presentation Principles From The Museum World To Improve Law School Pedagogy, Cecilia A. Silver

Dickinson Law Review (2017-Present)

Law school pedagogy is a relic. Nearly 150 years after Christopher Langdell pioneered the case method, the typical doctrinal course remains predominantly a verbal domain, featuring lectures, Socratic dialogue, and final exams. But the visual disconnect between legal education and legal practice does students a disservice. Under the proliferating influence of laptops, iPads, smartphones, and Zoom, students now read, work, and study electronically more than they ever have before. So instead of business as usual, it’s time to embrace “visualization”—using multimedia to enhance, or even supplant, the near-exclusive reliance on language—to build a more vibrant and inclusive learning environment.

Law …

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review (2017-Present)

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly …

Will Products Liability Litigation Help Protect Iot Users From Cyber-Physical Attacks?, J Royce Fichtner, Troy J. Strader

Journal of International Technology and Information Management

While there is an identifiable trend towards protecting consumers from data breaches and data misuses related to IoT devices through new legislation, new regulations, government enforcement actions, and private lawsuits, there has been little progress towards creating similar legally enforceable standards of care for “cyber-physical device security.” This article explores this underdeveloped area of academic inquiry into cyber-physical device security within the context of product liability litigation in the United States. The two questions addressed in this article are: (1) Have there been any successful products liability court decisions in the United States that have held IoT manufacturers liable for …

Audiovisual Metadata Platform Pilot Development (Amppd), Final Project Report, Jon W. Dunn, Ying Feng, Juliet L. Hardesty, Brian Wheeler, Maria Whitaker, Thomas Whittaker, Shawn Averkamp, Bertram Lyons, Amy Rudersdorf, Tanya Clement, Liz Fischer

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the experience and findings of the Audiovisual Metadata Platform Pilot Development (AMPPD) project, which has worked to enable more efficient generation of metadata to support discovery and use of digitized and born-digital audio and moving image collections. The AMPPD project was carried out by partners Indiana University Libraries, AVP, University of Texas at Austin, and New York Public Library between 2018-2021.

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

All Faculty Scholarship

New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …

Welcoming Families With Children To Csusb: Making An Intergenerational Difference, Leslie Leach

Electronic Theses, Projects, and Dissertations

Coming back to school after a gap in your education can be a daunting task. For students with children (SWC), the undertaking has different challenges than their classmates. Providing resources geared towards their success plays a significant role in the student's ability to complete their education. It also allows the SWC to feel a sense of belonging within their institution of higher learning. This project analyzes other California State Universities' family housing programs to advocate a similar program at California State University, San Bernardino. Using the Communication Theory of Identity (CTI) and Organizational Identity (OI), I can illustrate how resources …

Negative Commentary—Negative Consequences: Legal Ethics, Social Media, And The Impact Of Explosive Commentary, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Connecting and sharing on social media has opened communication channels and provided instantaneous information to billions of people worldwide. Commentary on current events, cases, and negative online reviews may be posted in an instant, often without pause or thought about the potential repercussions. This global phenomenon may not only provide news of the day updates, humor, and support for those in need but also is replete with ethical landmines for the unwary lawyer. Lawyers commenting on current events, their cases, or responding to a client’s negative online review, have suffered damage to their careers. In some instances, they have even …

Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

COMMENTARY: "The key question is not whether the state should have powers to take countermeasures, but rather whether there are adequate checks against the risk of those powers being inappropriately used."

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

All Faculty Scholarship

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.

Lawyers Response To Covid-19 Infodemic On Social Media, Jibran Jamshed

Library Philosophy and Practice (e-journal)

Objectives: The primary objective of this study is to examine and analyze the skills and practices of lawyers in response to the misinformation/Infodemic of COVID-19 on Social Media platforms.

Research Methodology: In this quantitative study an online survey was conducted among lawyers in Pakistan. The population of the study was made up of practicing lawyers from different District Bar Associations in Pakistan. A questionnaire was distributed to collect data regarding demographic information, use of social media, response to misinformation about COVID-19 on social media and to identify the methods employed by lawyers to check the authenticity of such …

Internet Connectivity Among Indigenous And Tribal Communities In North America - A Focus On Social And Educational Outcomes, Christopher S. Yoo, Leon Gwaka, Muge Haseki

All Faculty Scholarship

Broadband access is an important part of enhancing rural community development, improving the general quality of life. Recent telecommunications stimulus projects in the U.S. and Canada were intended to increase availability of broadband through funding infrastructure investments, largely in rural and remote regions. However, there are various small, remote, and rural communities, who remain unconnected. Connectivity is especially important for indigenous and tribal communities to access opportunities for various public services as they are generally located in remote areas. In 2016, the FCC reported that 41% of U.S. citizens living on tribal lands, and 68% of those in the rural …

The First Amendment, Common Carriers, And Public Accommodations: Net Neutrality, Digital Platforms, And Privacy, Christopher S. Yoo

All Faculty Scholarship

Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

Articles

The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.

The Dangers Of Free Speech In The Modern World, Katie Yoak

Williams Honors College, Honors Research Projects

In our modern day individuals often feel safe being able to say whatever they want from behind a computer. The ability to say whatever we want online has both positive and negative effects. This digital form of communication can bring out both the best and worst in us. Many people in our modern age take this technology and use it to engage in aggressive behavior that may not normally occur or be seen by as many people. In this modern day of internet aggression I wish to explore how the ability to speak freely online and through social media services …

Network Effects In Action, Christopher S. Yoo

All Faculty Scholarship

This Chapter begins by examining and exploring the theoretical and empirical limits of the possible bases of network effects, paying particular attention to the most commonly cited framework known as Metcalfe’s Law. It continues by exploring the concept of network externalities, defined as the positive external consumption benefits that the decision to join a network creates for the other members of the network, which is more ambiguous than commonly realized. It then reviews the structural factors needed for models based on network effects to have anticompetitive effects and identifies other factors that can dissipate those effects. Finally, it identifies alternative …

FacebookʼS Latest Attempt To Address Vaccine Misinformation — And Why ItʼS Not Enough, Ana Santos Rutschman

All Faculty Scholarship

On October 13, 2020 Facebook announced the adoption of a series of measures to promote vaccine trust “while prohibiting ads with misinformation that could harm public health efforts.” In the post written by Kang-Xing Jin (head of health) and Rob Leathern (director of product management), the company explained that the new measures were designed with an emphasis on encouraging widespread use of this yearʼs flu vaccine, as well as in anticipation of potential COVID-19 vaccines becoming available in the near future.

The changes focus mainly on the establishment of a multiprong informational campaign about the seasonal flu vaccine, which includes …

The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig

Joint PIJIP/TLS Research Paper Series

No abstract provided.

The Law Of Black Mirror - Syllabus, Yafit Lev-Aretz, Nizan Packin

Open Educational Resources

Using episodes from the show Black Mirror as a study tool - a show that features tales that explore techno-paranoia - the course analyzes legal and policy considerations of futuristic or hypothetical case studies. The case studies tap into the collective unease about the modern world and bring up a variety of fascinating key philosophical, legal, and economic-based questions.

From Protecting To Performing Privacy, Garfield Benjamin

The Journal of Sociotechnical Critique

Privacy is increasingly important in an age of facial recognition technologies, mass data collection, and algorithmic decision-making. Yet it persists as a contested term, a behavioural paradox, and often fails users in practice. This article critiques current methods of thinking privacy in protectionist terms, building on Deleuze's conception of the society of control, through its problematic relation to freedom, property and power. Instead, a new mode of understanding privacy in terms of performativity is provided, drawing on Butler and Sedgwick as well as Cohen and Nissenbaum. This new form of privacy is based on identity, consent and collective action, a …

Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood

Independent Study Project (ISP) Collection

The digital domain is the emerging environment for which the internet and data connectivity exists. This new domain is challenging the traditional place for geopolitics to exist, and creating new challenges to international relations. The use of cyberweapons through direct cyberattacks, such as the possibility of an attack on the U.S. power grid, or misinformation campaigns, such as the one launched by Russia against the 2016 U.S. Presidential election, can expand the international threat landscape. While these new threats increase, states are widely not prepared to address the new challenges in the digital domain. This paper will use three primary …

Extrajudicial Statements And Prejudice In The Digital Age: Creating Factors To Preserve The Balance Between Attorney And State Interests In Trial Litigation, Emily R. O'Hara

William & Mary Law Review

As social media’s prevalence and usage grows within the United States, people and organizations capitalize on new media to send news to users. In 2017, 67 percent of people consumed their news from social media websites, and the rate continues to grow. Local and national news sources bring newsworthy stories to active users on social media sites such as Twitter, where users can communicate and interact with one another to promote ideas and spread information. These online accounts cover not only mundane, day-to-day news, but also salacious stories relating to civil and criminal lawsuits.

In April 2018, attorney Neal Katyal …

There And Back: Vindicating The Listener's Interests In Targeted Advertising In The Internet Information Economy, Caitlin Jokubaitis

Kernochan Center for Law, Media, and the Arts

Targeted advertising — the process by which advertisers direct their message at a specific demographic — is neither a recent1 nor an irrational phenomenon.2 One industry executive has proclaimed it the “rare win for everyone” because it serves producers, advertisers, and consumers alike. It should be no surprise that the Information sector of the online economy — particularly new and social media platforms with robust access to consumer data — has structured revenue streams to benefit from targeted advertising. These platforms generate “substantially all of [their] revenue from advertising,” which in turn rely on active user engagement.

The Internet Information …

Iran, Diane M. Zorri

Publications

Internet access in Iran is characterized by strong censorship, limited access, surveillance, and widespread state-sanctioned propaganda. The regime in Tehran views internet freedom as a critical threat to its national security (Henry, Pettyjohn, and York 2014). Using an index of variables such as obstacles to access, limits on content, and violations of user rights, the nongovernmental organization Freedom House rates Iran’s internet access as “not free” (Freedom House 2018). On a scale of zero to one hundred, where zero is “free” and one hundred is “not free,” Freedom House scores Iran at an eighty-five, making it the least free nation …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Privacidad Digital En Ecuador: El Papel De La Vigilancia, La Jurisprudencia Y Los Derechos Humanos, Giselle Valdez

Independent Study Project (ISP) Collection

Este documento es un estudio de caso sobre la privacidad digital en Ecuador, cómo se protege y cómo se debe mejorar las protecciones. Comienzo presentando la falta de privacidad de la persona en Ecuador, a través de la reciente violación de datos y las tecnologías de vigilancia en todo el país desde China. Luego, para analizar la jurisprudencia y la falta de protección de la privacidad en la ley, hago la transición a un análisis legal de la privacidad de datos en Ecuador a través de la Constitución de 2008. Cuando establezco que falta privacidad digital en Ecuador, demuestro una …