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Full-Text Articles in Law

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Oct 2015

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.


Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett Dec 2014

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.


Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt Feb 2012

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.


Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq. Nov 2011

Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.

Jared A. Harshbarger

Cloud computing and software-as-a-service (SaaS) models are revolutionizing the information technology industry. As these services become more prevalent, data security and privacy concerns will also rise among consumers and the companies who consider using them. Cloud computing providers must establish a sufficient level of trust with their potential customers in order to ease initial fears - and ensure certain compliance obligations will be met - at least to the extent that any such inquiring customer will feel comfortable enough to ultimately take the irreversible step of releasing their sensitive data and personal information into the cloud.


The Virtual Construction Of Legality: 'Griefing' & Normative Order In Second Life, Eric M. Fink Dec 2010

The Virtual Construction Of Legality: 'Griefing' & Normative Order In Second Life, Eric M. Fink

Eric M Fink

This article examines the construction of legality in a virtual world, seeking to under-stand how informal social order emerges as residents construct meaning around interpersonal conflicts and interact on the basis of such meaning. ‘Griefing’, a form of disruptive behavior common to virtual worlds, provides a lens through which to investigate emergent social norms and boundaries in the virtual world of Second Life. Identifying and distinguishing rhetorical frames in Second Life residents’ understandings of and responses to griefing, the study aims to elucidate the social meaning of griefing and its place in the construction and maintenance of social order.


From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni Oct 2010

From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni

Mark Perry

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.


Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen Dec 2009

Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen

Harlan J Onsrud

Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and …


Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud Dec 2009

Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud

Harlan J Onsrud

Spatial data is critically important for the wellbeing of society. Yet appropriate spatial data is often very difficult to find and, when found, the legal ability to use it is often in question. Lack of an operational web-wide capability allowing users to legally access and use the geospatial data of others without seeking permission on a case-by-case basis remains as an entrenched major impediment to general spatial enablement for all sectors in society. This chapter presents a legal inter-operability vision for offering, acquiring, and using spatial data and proposes an operational environment for gaining much greater legal clarity and efficiency …


Creative Commons Licensing And Non-Creative Geographic Data, Harlan Onsrud Jan 2009

Creative Commons Licensing And Non-Creative Geographic Data, Harlan Onsrud

Harlan J Onsrud

Why does the scientific community need a simple method for letting each of us know that we are allowed legally to build on the work and data products of each other without asking permission? Does merely following the traditional practices of science and giving credit now make me a lawbreaker? What's the problem, how did we get here and what's the solution? Why does the solution for creative works not apply to geographic and other utilitarian data and databases? This presentation addresses these questions and approaches for arriving at solutions.


Liability For Spatial Data Quality, Harlan Onsrud Dec 2008

Liability For Spatial Data Quality, Harlan Onsrud

Harlan J Onsrud

Liability in data, products, and services related to geographic information systems, spatial data infrastructure, location based services and web mapping services, is complicated by the complexities and uncertainties in liability for information system products and services generally, as well as by legal theory uncertainties surrounding liability for maps. Each application of geospatial technologies to a specific use may require integration of different types of data from multiple sources, assessment of attributes, adherence to accuracy and fitness-for-use requirements, and selection from among different analytical processing methods. All of these actions may be fraught with possible misjudgments and errors. A variety of …