Law Commons^™

Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra

Indonesia Law Review

There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based …

Ancaman Pidana Bagi Intellectuel Dader Black Campaign: Studi Putusan Nomor 17/Pid.Sus/2014/Pn.Bul, Rafli Fadilah Achmad

Jurnal Hukum & Pembangunan

Black Campaign is a prohibited campaign method conducted based on agitation, slander, pit fighting, lies or hoaxes. The vast growth of social media platform has emerged as a distinct challenge in Black Campaign eradication. The popular form of Black Campaign nowadays constitutes reality bending photo and video editing, candidate discussing a fake issue, whatsapp broadcasting, hoax news creation and distribution, and fake polls. As such, Black Campaign law enforcement in the end that focuses not only on the strafbaarfeit element but also narrowing to the intellectuele dader element. Black Campaign regulation has been administrated in several regulation concerning Election in …

Defining And Regulating Cryptocurrency: Fake Internet Money Or Legitimate Medium Of Exchange?, Susan Alkadri

Duke Law & Technology Review

Digitalization makes almost everything quicker, sleeker, and more efficient. Many argue cryptocurrency is the future of money and payment transfers. This paper explores how the unique nature of cryptocurrencies creates barriers to a strict application of traditional regulatory strategies. Indeed, state and federal regulators remain uncertain if and how they can regulate this cutting-edge technology. Cryptocurrency businesses face difficulty navigating the unclear regulatory landscape, and consumers frequently fall prey to misinformation. To reconcile these concerns, this paper asserts cryptocurrency functions as “currency” or “money” and should be treated as such for regulatory purposes. It also proposes each state implement a …

Net Neutrality, Antitrust, And Startups In The European Union, Megan Sacher

San Diego International Law Journal

The problem of internet traffic has now entered the personal sphere for individual users, and has gained attention in popular culture and politics. This was inevitable: from fitness tracking, to sending emails, automated surgeries, social media, and everything in between, more and more is happening on the internet. There are so many people using the internet that controlling the traffic and maintaining manageable speeds for users has become a real problem…For years, the European Union and the United States have found themselves in an uphill battle to maintain the open nature of the Internet, or as it was coined in …

Privacy Spaces, Bert-Jaap Koops

West Virginia Law Review

Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …

Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden

West Virginia Law Review

No abstract provided.

Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews

Fordham Law Review

Social media has changed the way people conduct their day-to-day lives, both socially and professionally. Prior to the proliferation of social media, it was easier for people to keep their work lives and social lives separate if they so wished. What social media has caused people to do in recent years is to blend their personal and professional personas into one. People can choose to fill their LinkedIn connections with both their clients and their college classmates, they can be Facebook friends with their coworkers right along with their neighbors, and they can utilize social media sites to market themselves …

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …

Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky

Missouri Law Review

As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real …

You Can’T Say That!: Public Forum Doctrine And Viewpoint Discrimination In The Social Media Era, Micah Telegen

University of Michigan Journal of Law Reform

The growing prevalence of privately-owned social media platforms is changing the way Americans and their governments communicate. This shift offers new opportunities, but also requires a reinterpretation of the First Amendment’s proscription of government limitations of speech. The public forum doctrine and its proscription of viewpoint discrimination seem particularly stretched by the digital revolution and the development of social media. In ongoing cases, litigants and courts have invoked the doctrine to limit the government’s ability to ‘block’ those who comment critically on government pages—much to the chagrin of those who note the private status of the companies hosting the pages …

The Equifax Data Breach And The Resulting Legal Recourse, Caitlin Kenny

Brooklyn Journal of Corporate, Financial & Commercial Law

What happens when one’s sensitive information falls into the wrong hands? With the twenty-first century’s advancement of technology comes the increasing problem of data breaches wherein sensitive information is exposed. On September 7, 2017, Equifax, one of three major United States credit reporting agencies announced one of the largest data breaches in the history of the United States. The data breach affected approximately 145 million consumers and subsequently a wave of consumer class actions followed. This Note clarifies why class action lawsuits and arbitration are not viable legal remedies for massive data breaches where entities like credit reporting agencies are …

A Fixed Game: The Frustrations Of Ticket Scalping And The Realities Of Its Solutions, Dylan C. Porcello

Brooklyn Law Review

Due to the rapid growth of the secondary resale market, purchasing tickets at their face-value price is becoming a fleeting expectation. While ticket scalping has existed quite possibly as long as tickets themselves have, innovations in invasive purchasing practices are leading to unprecedented profit margins for ticket scalpers and a greater distance between consumers and the original ticket sale. With ticket scalpers employing advanced ticket purchasing software, referred to as bots, consumers are left with no option but to surrender to steep resale prices, which often have no ceiling. Though ticket scalping regulation has developed, these legislative efforts have been …

The Robot-Transporter: Sex Trafficking, Autonomous Vehicles, And Criminal Liability For Manufacturers, Olivia Phillips

Dickinson Law Review (2017-Present)

Despite global condemnation, sex trafficking continues to plague our world. Even in developed countries, the problem persists. Technological advancements, like the Internet, have spurred the development of organized sex trafficking networks and have made “transactions” easier. Although law enforcement agencies have tried to adapt their investigative techniques to combat the problem, developments in technology move at a much quicker rate.

Autonomous vehicles (AVs) will present a new set of challenges for law enforcement agencies in the fight against sex trafficking. In the not-too-distant future, AVs, or “self-driving cars,” will dominate the roadways. An AV will be completely aware of the …

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …

Territorialization Of The Internet Domain Name System, Marketa Trimble

Pepperdine Law Review

Territorialization of the internet—the linking of the internet to physical geography—is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who—for various reasons— either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the trend toward territorialization has affected the internet Domain Name System (DNS). As a hallmark of cyberspace governance that aimed to be detached from the territorially-partitioned governance of the physical world, …

Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo

San Diego International Law Journal

This Article will step through the drafting process and compare bazaar and cathedral modes of drafting to determine if a bazaar mode can efficiently produce a legal instrument that crosses legal regimes. As the title suggests, the bazaar process analysis case will be the GNU General Public License version 3 (the GPLv3) Revision Process. A comparison of the advantages and disadvantages of the bazaar mode of drafting to the cathedral mode of drafting will hopefully demonstrate the overall value of a transnational bazaar process like the GPLv3 Revision Process.

Mining For Children’S Data In Today’S Digital World, Damin Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Introduction, Annette Clark

Seattle University Law Review

Introductory remarks given by Dean Annette Clark at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.”

Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The panel is moderated by Seattle University School of Law Professor Gregory Silverman, and discusses the forthcoming book Robotica, by David M. Skover and Ronald K. L. Collins. The panelists are Bruce E. H. Johnson, Helen Norton, and David M. Skover.

Panel 2: Accountability For The Actions Of Robots, Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, Blake Hannaford

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law” discussing human control and Artificial Intellegence learning. The panel participants are Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, and Blake Hannaford.

Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh

Seattle University Law Review

Artificial intelligence is playing an increasingly larger role in all sectors of society, including policing. Many police departments are already using artificial intelligence (AI) to help predict and identify suspicious persons and places.1 Increased computational power and oceans of data have given rise to inferences about violence and threats.2 AI will change policing just as it will healthcare, insurance, commerce, and transportation. But what questions should we ask about AI and policing?

Keynote Address, Ryan Calo

Seattle University Law Review

Transcript of the keynote address at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The keynote address is presented by Ryan Calo and discusses the current status of artificial intelligence learning, and how this current status is moving toward robotic singularity.

Virtual Ethics And The Creeper Act, Justin Tiehen

Seattle University Law Review

A legal and moral discussion of the development of child sex bots (CSB), childlike sex dolls, comparing society-at-large’s general squeamishness of the area, and attempts to regulate (for example, the CREEPER Act) with the prophylactic therapeutic benefits of these robots.

Ethical Machines?, Ariela Tubert

Seattle University Law Review

This Article explores the possibility of having ethical artificial intelligence. It argues that we face a dilemma in trying to develop artificial intelligence that is ethical: either we have to be able to codify ethics as a set of rules or we have to value a machine’s ability to make ethical mistakes so that it can learn ethics like children do. Neither path seems very promising, though perhaps by thinking about the difficulties with each we may come to a better understanding of artificial intelligence and ourselves.

Robotic Speakers And Human Listeners, Helen Norton

Seattle University Law Review

This article discusses protected First Amendment speech and how this protection should be applied to robotic speech. Robotic speech is that created by automated means, currently “bots” but the producers of automated speech are evolving. The article further differentiates between rights of the producers of this speech and listeners or consumers of the speech, and the impact of First Amendment protections on each group.

Nova Law Review Full Issue Volume 42, Issue 3

Nova Law Review

No abstract provided.

Cryptocurrencies: The New Species, Ors Penzes

Nova Law Review

No abstract provided.

Control On Blockchain Network, Aleksei Gudkov

Nova Law Review

No abstract provided.

The Internet Of Platforms And Two-Sided Markets: Implications For Competition And Consumers, Rob Frieden

Villanova Law Review

No abstract provided.

The Race For Privacy: Technological Evolution Outpacing Judicial Interpretations Of The Fourth Amendment: Playpen, The Dark Web, And Governmental Hacking, Wade Williams

Florida State University Law Review

Despite complying with the new amendments to Federal Rule of Criminal Procedure 41, the Federal Bureau of Investigation's (FBI) broad authorization to remotely access computers at anytime and anywhere within the United States is at odds with the reasonableness and particularity requirements of the Fourth Amendment. The exponential growth of technology has made life in the twenty-first century something our ancestors would envy, but the idea of allowing the government to perform unknown and undetected searches across the United States, especially in the hidden world of cyberspace, would have our founding fathers turning in their graves. Recognition is owed to …