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The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
Seattle University Law Review
As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …
"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman
"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman
Seattle University Law Review
The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used to …
Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton
Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton
Seattle University Law Review
Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the …
The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer
The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer
Seattle University Law Review
Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 to …
Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder
Internet Voting With Initiatives And Referendums: Stumbling Towards Direct Democracy, Rebekah K. Browder
Seattle University Law Review
Imagine that it is Tuesday, November 4, 2008, and you realize that you have not yet voted for the candidate that you want to be President of the United States. The polls close at 7 p.m., and it is already 6:45 p.m. Instead of rushing off to the nearest polling place, you simply go to your computer, log in, fill out a ballot, and email your ballot to your designated polling website. The whole process takes fewer than ten minutes, and you have done your civic duty. Leading proponents of Internet voting point to five possible benefits of electronic voting: …