Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duke Law (8)
- U.S. Naval War College (3)
- Northwestern Pritzker School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- Cleveland State University (1)
-
- Embry-Riddle Aeronautical University (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- The University of Akron (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- Duke Law & Technology Review (8)
- International Law Studies (3)
- Canadian Journal of Law and Technology (2)
- Northwestern Journal of International Law & Business (2)
- Akron Law Review (1)
-
- Dickinson Law Review (2017-Present) (1)
- Georgia Journal of International & Comparative Law (1)
- Georgia State University Law Review (1)
- Global Business Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Journal of Digital Forensics, Security and Law (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Richmond Journal of Law & Technology (1)
- Seattle University Law Review (1)
- University of Baltimore Law Forum (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
Articles 1 - 27 of 27
Full-Text Articles in Law
Enhancing Accountability In Cyberspace Through A Three-Tiered International Governance Regime, Dan Efrony
Enhancing Accountability In Cyberspace Through A Three-Tiered International Governance Regime, Dan Efrony
International Law Studies
The Great Power Competition perpetuates the inability to reach a universal consensus on how to resolve normative ambiguity on the application of international law to cyberspace. Adhering to a strategy of ambiguity, the United States and its closest allies have been holding their rival States accountable for “irresponsible State behavior” in cyberspace, based on flawed legitimacy, as reflected in a weakened normative layer, and the national U.S. attribution process. Embracing collective attribution has not cured the flaws. The upshot is a poor framework for holding States accountable and an enduring vicious cycle. This article calls on the United States and …
Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan
Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan
Canadian Journal of Law and Technology
It is a common claim that law is always catching up with technology. This is not entirely fair. The European Union’s General Data Protection Regulation1 (GDPR) could be viewed as a case of technology having to catch up to the law. That said, clearly there are challenges in law and in the legal profession, both in terms of how the law can adapt to changes in the digital world and the disruption of the legal profession. On the former point, there are perhaps three broad schools of thought: existing law is sufficient for adapting to new technological challenges, as it …
Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias
Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias
International Law Studies
"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller
In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller
International Law Studies
States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …
Information Privacy In An Age Of Invisible Shopper Tracking: Who Will Pay The Price For Stores Of The Future?, Kristin Harripaul
Information Privacy In An Age Of Invisible Shopper Tracking: Who Will Pay The Price For Stores Of The Future?, Kristin Harripaul
Georgia State University Law Review
Explosive growth in technology has brought a unique opportunity to the doors of brick-and-mortar retail—a nearly $3.38 trillion industry struggling to regain relevance among modern, digitally enabled shoppers. Specifically, in-store analytics, or shopper tracking technologies, are allowing these retailers to better compete with online stores by tapping into consumer data unprecedented in the brick-and-mortar context. With these technologies, stores now have access to detailed metrics, like consumer dwell times, journeys, product engagement, product views, and demographic data such as age and gender, which can be used to optimize store operations and marketing and promotions.
Recent events, however, including a string …
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
Duke Law & Technology Review
No abstract provided.
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
Duke Law & Technology Review
No abstract provided.
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow
Duke Law & Technology Review
No abstract provided.
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
Duke Law & Technology Review
No abstract provided.
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
Duke Law & Technology Review
No abstract provided.
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
Duke Law & Technology Review
No abstract provided.
The Past And Future Of The Internet: A Symposium For John Perry Barlow
The Past And Future Of The Internet: A Symposium For John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Seattle University Law Review
The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Journal of Digital Forensics, Security and Law
Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
Canadian Journal of Law and Technology
No abstract provided.
On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford
On Climate Change And Cyber Attacks: Leveraging Polycentric Governance To Mitigate Global Collective Action Problems, Scott J. Shackelford
Vanderbilt Journal of Entertainment & Technology Law
Although cyberspace and the atmosphere are distinct arenas, they share similar problems of overuse, difficulties of enforcement, and challenges of collective inaction and free riders. With weather patterns changing, global sea levels rising, and temperatures set to exceed 1.5 degrees Celsius by 2100, climate change is a problem that affects the entire world. Yet its benefits are dispersed, and its harms are often concentrated. Similarly, much of the cost of cyber attacks is focused in a few nations even as others are becoming havens for cybercriminals. Yet it is also true that actions taken by a multiplicity of actors on …
Law Reviews And The Migration To Cyberspace, M. Ethan Katsh
Law Reviews And The Migration To Cyberspace, M. Ethan Katsh
Akron Law Review
I am very pleased to contribute an introduction to this issue of the Akron Law Review, the first to appear both in print and on the World Wide Web. There are very few law reviews that have surfaced, thus far, on the World Wide Web. The editors who decided to take this step deserve our respect and admiration. Their decision reflects an understanding that the world of publishing and distributing information has begun to change, and begun to change in a significant way.
International Cyberspace: From Borderless To Balkanized???, Beverley Earle, Gerald A. Madek
International Cyberspace: From Borderless To Balkanized???, Beverley Earle, Gerald A. Madek
Georgia Journal of International & Comparative Law
No abstract provided.
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
University of Baltimore Law Forum
A century ago, personal jurisdiction largely hinged on a simple litmus test: the defendant’s presence in the forum state. The issue of personal jurisdiction gained prevalence as the nation evolved from its earlier days of detached, semi-sovereign entities, whose citizens rarely interacted, to a nation where interstate commerce had increased, with interstate litigation growing correspondingly. In Pennoyer v. Neff, the Supreme Court of the United States effectively limited a state’s jurisdiction to persons physically present within its territorial borders. However, in today’s increasingly interconnected world, physical presence appears to represent an anachronism set in the post-Civil War, horse-and-buggy America of …
Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin
Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty
Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty
Global Business Law Review
In cases involving international defendants, a variety of bases have been deemed appropriate for a U.S. court to assert personal jurisdiction, including nationality, domicile, “purposeful availment,” and a number of federal statutes. With the explosion of the Internet and the resulting expansion of international business transactions via the Web, courts have struggled to adapt traditional modes of adjudication consistent with established common, statutory and international law. Internet transactions—now known as e-commerce—involve the “practice of buying and selling goods and services through online consumer services on the Internet.” In a sphere of commerce apparently limitless in its reach, this article explores …
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Richmond Journal of Law & Technology
In one way or another, the Internet has affected or will affect our lives in a profound fashion. The Internet has fundamentally changed the way society works and plays by providing an inexpensive medium to obtain information and communicate with others. The current generation of children will be educated through computer communication, rather than from the confines of a dusty library with outdated books. However, the benefits of rapid Internet development have also opened a Pandora's box of legal issues and concerns which merit careful consideration. With roots in over 160 countries, and without a centralized authority, many now consider …