Law Commons^™

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin

Seattle Journal for Social Justice

No abstract provided.

Should The Default Be "Social"? Canada's Pushback Against Oversharing By Facebook, Karen Tanenbaum

Georgia Journal of International & Comparative Law

No abstract provided.

The Uncharted Waters Of Cyberspace: Applying The Principles Of International Maritime Law To The Problem Of Cybersecurity, William M. Stahl

Georgia Journal of International & Comparative Law

No abstract provided.

A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia

Indiana Law Journal

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Money Laundering Detection Framework To Link The Disparate And Evolving Schemes, Murad Mehmet, Duminda Wijesekera, Miguel F. Buchholtz

Journal of Digital Forensics, Security and Law

Money launderers hide traces of their transactions with the involvement of entities that participate in sophisticated schemes. Money laundering detection requires unraveling concealed connections among multiple but seemingly unrelated human money laundering networks, ties among actors of those schemes, and amounts of funds transferred among those entities. The link among small networks, either financial or social, is the primary factor that facilitates money laundering. Hence, the analysis of relations among money laundering networks is required to present the full structure of complex schemes. We propose a framework that uses sequence matching, case-based analysis, social network analysis, and complex event processing …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

International Cryptography Regulation And The Global Information Economy, Nathan Saper

Northwestern Journal of Technology and Intellectual Property

With the meteoric rise of the Internet and e-commerce in the 1990s came great attention to the problems and opportunities associated with cryptography. Throughout that decade, the United States and many foreign countries debated and experimented with various forms of cryptography regulation, and attempts were made at international harmonization. Since then, however, policy-making activity around cryptography has slowed, if not halted altogether, leaving individuals and companies to face a bewildering array of regulations—or, in many cases, to face regulations that are extraordinarily unclear and haphazardly applied.

This Note seeks to introduce the reader to the issue of international cryptography regulation …

The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang

Northwestern Journal of Technology and Intellectual Property

With the growing availability of Internet access across the globe, social media has transformed the traditional relationship between government authority and its citizens by providing the people with an innovative and powerful means to harmonize their efforts in expressing their political and social concerns. The importance of safeguarding Internet availability is more critical than ever before as access to the Internet is now the means by which the world communicates, stays informed, and engages in daily tasks. In the face of potential social unrest fueled by social media, the United States must take a preventative approach, one that matches our …

Costing A Pretty Penny: Online Penny Auctions Revive The Pestilence Of Unregulated Lotteries, David R. Konkel

Seattle University Law Review

Penny auctions, an online phenomenon imported from Europe, operate by the hundreds in the United States without meaningful oversight from consumer protection agencies. In a penny auction, consumers compete for items one penny at a time. To date, no significant inquiry, either academic or practical, into the legitimacy of the penny auction has occurred. Although marketed as auctions, online penny auctions may actually qualify as lotteries. Unlike the multifarious and confusing definitions of gambling, the long-accepted definition of a lottery consists of three elements: prize, consideration, and chance. If a penny auction satisfies this definition then, under well-established case law …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Patent-Backed Securization For Innovation And Economic Growth In The Life Sciences: A Proposal For Incremental Securities Law Reform, Grace Sweeney

Canadian Journal of Law and Technology

In this section, the historical balance struck by securities law between conservatism and innovation was considered in the context of a shifting economic landscape.

In Section II, the life sciences sector will be chosen to illustrate the current barriers impeding capital flow to high-value enterprise, resulting in decreased innovation and economic growth. These include the existence of “ever greening”, non-practicing entities, patent thickets, and onerous transaction costs on upstream patent holders with limited competency.

In Section III, the tool of intangible asset finance will be introduced as a means of harnessing the value of intellectual property assets, and leveraging them …

Proof And Progress: Coping With The Law Of Evidence In A Technological Age, David M. Paciocco

Canadian Journal of Law and Technology

This article outlines those rules of evidence that are most likely to be called upon to fit new technologies. It identifies some of the challenges that are presented, and identifies modest techniques or suggestions for coping. Those suggestions include taking the kind of relaxed view as to when expert evidence is being offered illustrated by the Ontario Court of Appeal in R. v. Hamilton; taking a functional approach to judicial notice; ensuring that authentication and the “best evidence” rule for electronic records are not applied in a highly technical fashion; understanding the law of hearsay and remaining familiar with …

Social Media: The Law Simply Stated, Steve Coughlan, Robert J. Currie

Canadian Journal of Law and Technology

It is a challenge to simply state the law about social media, because there is no such thing as “social media law.” Rather, the law bumps up against social media in many ways. In some cases, existing law can be seamlessly applied to new technologies and means of interaction. In other cases, entirely new paradigms will likely need to be adopted to handle new challenges. Many other cases will fall somewhere in between.

Our goal in this Law Simply Stated is to provide some background on the nature of social media themselves, and then to state the basic law in …

Implementing Technology In The Justice Sector: A Canadian Perspective, Jane Bailey, Jacquelyn Burkell

Canadian Journal of Law and Technology

Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from the perspective of individuals involved first-hand in the implementation …

Regulatory Issues Concerning New Media Alternatives To Television, Michael Rimock

Canadian Journal of Law and Technology

This article will begin by discussing the significance of over-the-top (OTT) video services in Canada and briefly outline the CRTC’s recent efforts and findings in relation to new media trends. It will then describe the problems with the current regulatory framework and some of the proposed solutions. While some have argued that regulating OTT services like Netflix would level the playing field, I will argue that encouraging competition and decreasing some of the onerous regulations that are currently imposed on Canadian broadcasters would be the best solution since it would benefit both consumers and Canadian corporations.

Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall

Pepperdine Law Review

Social media is an increasingly powerful platform for expression. In late 2009, the National Labor Relations Board began to address the extent to which unionized employees could make disparaging comments about their employers on social media websites. To date, the Board has persisted in treating Internet communications the same as traditional, face-to-face interactions between employees. Additionally, the Board continues to apply dated precedent to current social media cases. This Comment argues that the Board's present approach is inadequate to address the distinct qualities of social media and sets forth recommendations for alternate ways to evaluate employee speech.

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …

When Copyright Can Kill: How 3d Printers Are Breaking The Barriers Between “Intellectual” Property And The Physical World, Matt Simon

Pace Intellectual Property, Sports & Entertainment Law Forum

This article examines copyright’s applicability to 3D printing technology, by analyzing the facts surrounding the (formerly) proposed development of a fully 3D printable firearm. Critical to this analysis however, is an understanding of how copyright has traditionally protected intellectual property, and why 3D printers do not fit into this conventional framework. As 3D printing is advancing at an extraordinarily rapid rate, any discussion of this topic would be incomplete without reference to the “moving target” that is 3D printing technology. In the short time between when this article was initially submitted for evaluation to the PIPSELF Law Forum in December …

In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang

Journal of the National Association of Administrative Law Judiciary

The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.

The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva

IP Theory

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.