Law Commons^™

From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi

Brooklyn Journal of International Law

Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …

Media Consolidation & Political Polarization: Reviewing The National Television Ownership Rule, Mary R. Hornak

Fordham Law Review

Local television plays an important role in the democratic society. The medium is viewed as being trustworthy, and it is accessible and uniquely situated to report on matters of local interest. Among other roles, the Federal Communications Commission (FCC) regulates firms’ ownership interests in the media through regulations that permit a certain degree of consolidation at both the local and national levels. Since 1996, Congress has mandated that the FCC regularly review broadcast media ownership regulations. Originally, this requirement mandated biennial review. In 2004, however, Congress revised the mandate, requiring review on a quadrennial basis and excluding from such review …

Cacophony Or Concerto?: Analyzing The Applicability Of The Wiretap Act’S Party Exception For Duplicate Get Requests, David Koenig

Fordham Law Review

The Electronic Communications Privacy Act (“Wiretap Act”) prohibits the intentional interception of an electronic communication. However, “parties to a communication” can intercept a communication without Wiretap Act liability. Parties include the intended recipients of a communication. When internet users navigate the internet, they communicate with websites using GET requests. The users’ GET requests call out to websites and websites respond by providing the websites’ content to the users. During this process, websites receive user data. This data can include information about the website visited, the search terms used to locate the website, and referral data identifying the last web page …

Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng

University of Cincinnati Law Review

In recent years, states have launched several antitrust investigations targeting digital platforms. A major difficulty in these investigations is demonstrating the extent of a digital platform’s market power. Market power is defined as the control of the output or the price without the loss of business to competitors. As will be explored in this Article, market power is a critical component in an antitrust analysis. On several occasions, courts have adopted the switching costs approach in their analysis of market power. According to this approach, market power may be inferred when the costs of switching from one supplier to another …

Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad

Dickinson Law Review (2017-Present)

One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …

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 …

Deep Fakes: The Algorithms That Create And Detect Them And The National Security Risks They Pose, Nick Dunard

James Madison Undergraduate Research Journal (JMURJ)

The dissemination of deep fakes for nefarious purposes poses significant national security risks to the United States, requiring an urgent development of technologies to detect their use and strategies to mitigate their effects. Deep fakes are images and videos created by or with the assistance of AI algorithms in which a person’s likeness, actions, or words have been replaced by someone else’s to deceive an audience. Often created with the help of generative adversarial networks, deep fakes can be used to blackmail, harass, exploit, and intimidate individuals and businesses; in large-scale disinformation campaigns, they can incite political tensions around the …

Shenanigans (Internet Takedown Edition), Eugene Volokh

Utah Law Review

Protecting one’s own reputation and livelihood—whether protecting it against lies, against opinions, or against the truth—is likely high on many people’s willing-to-lie-for lists. Making money is, too. Yet though I don’t think of myself as naïve on this score, the sheer magnitude and brazenness of these schemes surprised me. My sense is that it surprised many of my colleagues. Perhaps it surprised you. And this reminder of just how common fraud can be might help keep us alert to shenanigans in many other fields as well— and might help us design systems that deal better with such risks.

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

Application Of The Due Diligence Principle To Cyber Operations, Tomohiro Mikanagi

International Law Studies

The discreet use of proxies by States renders it difficult to prove attribution to States under the existing rules of attribution. On the other hand, the due diligence principle, if applicable, does not require attribution but can lead to the invocation of State responsibility for cyber operations emanating from the territory of other States. In the Corfu Channel judgment the ICJ recognized “every State’s obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States,” and UN Member States agreed that existing international law applies to cyber operations. However, the UN Members …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller

UC Law SF Communications and Entertainment Journal

In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …

Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin

UC Law SF Communications and Entertainment Journal

No abstract provided.

A “Journey” Through Band Agreements, Jordan M. Whitford

UC Law SF Communications and Entertainment Journal

No abstract provided.

Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman

Joint PIJIP/TLS Research Paper Series

No abstract provided.

How Should We Regulate The Internet? A Proposal, Natalie Petruzelli

The Review: A Journal of Undergraduate Student Research

With the invention of the internet providing newfangled methods of spreading information around the world, misinformation has also found home in these pathways, disrupting the general public’s ability to discern fact from fiction and creating divides in society. Regulation must be enacted to stop the effects of misinformation, but the efforts of technology companies and the general public have been insufficient thus far. Regulatory control of the internet and its content should be the responsibility of the government, based on their constitutional right to intervene under certain circumstances and the fact that previous efforts by other parties to mitigate misinformation …

Duality In Digital Discourse: The History And Future Of The American Public Forum, Nicholas Weaver

Honors Theses

From the onset of the republic, the liberty to speak freely and debate openly has stood guard and helped preserve all other American rights. While this concept has endured, the means by which it exists in society has changed immensely. As the public forum has evolved to fit the modern needs of the citizenry, political discourse has become less a defense against tyranny and more a chaotic space of conflicting opinions.

In the United States, privately-owned social media companies have grown at an unprecedented rate, yet lawmakers have been slow to exercise any authority to regulate these corporations. For public …

Fake News (& Deep Fakes) And Democratic Discourse, Russell L. Weaver

Journal of Technology Law & Policy

This Article explores the problems related to fake news, bots and deep fakes. In addition to discussing the problems that they pose for public debate, it examines whether society has effective ways to deal with these problems.

The Constitutional Political Decentralization In The United Arab Emirates, Dr. Dawoud Abdulrazzak Ebaz Associate Professor. Public Law. Faculty Of Sharia Law-Uae

UAEU Law Journal

This research aims to discuss the constitutional political decentralization as a method of constitutional organization in allocating jurisdictions between the Federation and its member States, and its indications. The research consits of three parts

I: Political decentralization comes with the federation.

2: The concept and identification of political decentralization.

3: Methods and indications of constitutional political decentralization in the United Arab Emirates.

The Futility Of Regulating Social Media Content In A Global Media Environment, Rick G. Morris

Notre Dame Journal on Emerging Technologies

Social media reaches more people on the planet than any prior form of media and transmits more information world-wide than ever before. It is an empowering factor in establishing and growing communities, but at the same time, creates havoc and disseminates pernicious and perhaps dangerous speech. And so it has been with the media from the beginning of time. Throughout the media’s history, efforts at regulation or control of media speech has been fraught with difficulty, ineffectiveness, discrimination, and failure. The use of technology can deceive the consumer of the information, and the social media companies as well. Both government …

The Control On In-Legislative Actions In Jordanian And Spanish Constitutions- الرقابة على الأعمال غير التشريعيـــة في النظامـيــــــن الدستورين الأردني والأسباني, Eid Ah. Alhosban

UAEU Law Journal

The subject of Parliament actions needs more interest by Researchers, particularly those in-legislative ones, which mostly touch the individuals’ rights and freedom. In legislative actions -particularly the Parliament control, we see that efforts are paid to know whether such actions are constitutional or not, without any interest in the other section of these actions, i.e. the in-legislative ones.

Accordingly, this article gives models of some developed practices in the field of controlling in-legislative parliament actions, in order that we can benefit from them to urge legislators to develop our Jordanian law in this field

The Domain Names In The Global Informatics Net (Internet) The Concept And The Legal System, Dr.Adnan Sarhan

UAEU Law Journal

The foundation and the companies found a gap in the global informatic net that they can see all the world and frontage which demonstrate and sell the commodities and productions for the others .

Any computer , which has a connection with the net , must distinguish by digital address called (IP).It is a seariace of numbers written in four column suppurated by three dots like (169.18.15.06) ., Because of the difficulties to save and remember like this digital amount longing in feasible of using the internet and makes it more easy and accepted , Special tool created which is …

How Far Are Fundamental, Basic Rights Morally Explicit In Constitutional Laws? (A Judicial, Constitutional Comparative Study), Eid Ah. Alhosban

UAEU Law Journal

The importance of the complimentary role of constitutionaljurisdiction in comparative constitutionalregimes is inherent in Basic, fundamental Rights and Public Freedoms and Liberties legislation. The acknowledgement of these rights morally is ambiguous in contemporary constitutionallaws.

This study deals with how far the aforementioned rights are morally explicit in constitutional laws.

Privileging Opinion, Denigrating Discourse: How The Law Of Defamation Incentivizes News Talk-Show Hyperbole, Clay Calvert

Pepperdine Law Review

This Article examines how defamation law promotes a culture of hyperbole and exaggeration on television news talk shows at the expense of more meaningful dialogue and discourse. The Article uses the 2020 federal court rulings in McDougal v. Fox News Network, LLC and Herring Networks, Inc. v. Maddow as analytical springboards to address this problem. In both cases, judges dismissed defamation claims stemming from comments made by well-known talk-show hosts—Fox News’s Tucker Carlson in McDougal and MSNBC’s Rachel Maddow in Herring Networks—on the ground that their remarks would not be understood by viewers as factual assertions. In concluding that Carlson’s …

Digital Fidelity And Friction, Ellen P. Goodman

Nevada Law Journal

No abstract provided.

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal

No abstract provided.

Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval

Catholic University Law Review

As climate change augurs longer wildfire seasons, safe, reliable, and competitive energy and communications markets depend on sound infrastructure and well-calibrated regulation. The humble wooden utility pole, first deployed in America in 1844 to extend telegraph service, forms the twenty-first century’s technological scaffold. Utility poles are increasingly contested places where competition, safety, and reliability meet. Yet, regulators and academics have largely overlooked the risks posed by century-old private utility pole associations in California, composed of private and public utility pole owners and some entities who attach facilities to utility poles. No academic articles have examined the rules, roles, and risks …

Caretaker Government: From The Political Concept To The Legal Framework, Sam Dallah

UAEU Law Journal

The constitutional and political life in the parliamentary democracies is mainly based on the principle of alternation of power, in addition to multiparty system. The majority of these democracies adopted an electoral systems based on the proportional, since it represent the best electoral systems for ensuring the expansion and the fairness of political representation.

However this constitutional and political life, often leads to a political instability that conducts to a governmental instability by the transformation of the Government from a full constitutional powers to a «caretaker Government».

Certainly, the maintaining of the quality and the principles of constitutional and political …

The U.S. Supreme Court’S Characterizations Of The Press: An Empirical Study, Ronnell Anderson Jones, Sonja R. West

Utah Law Faculty Scholarship

The erosion of constitutional norms in the United States is at the center of an urgent national debate. Among the most crucial of these issues is the fragile and deteriorating relationship between the press and the government. While scholars have responded with sophisticated examinations of legislators’ and the President’s characterizations of the news media, one branch of government has received little scrutiny—the U.S. Supreme Court. This gap in the scholarship is remarkable in light of the Court’s role as the very institution entrusted with safeguarding the rights of the press. This paper presents the findings of the first comprehensive empirical …

The Applicability Of Economic And Social Rights To Litigation In Palestine: Implementation, Enforcement, And The Role Of The Supreme Constitutional Court, Asem Khalil

UAEU Law Journal

In this paper, I will discuss whether Economic and Social Rights (ESRs) constitute fundamental rights in Palestine, as a result of their entrenchment in the constitutional text, the Basic Law of the Palestinian Authority; and if yes, which ones. In fact, while in International Human Rights Law (IHRL), ESRs are presented as a monolithic category of rights, they are not treated as such in national constitutions. Some rights are simply missing from the text; others are present but enjoy different status within the constitution – often depending on the way they are written in the constitutional text, and on the …