Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Pornographic Deepfakes: The Case For Federal Criminalization Of Revenge Porn’S Next Tragic Act, Rebecca A. Delfino
Pornographic Deepfakes: The Case For Federal Criminalization Of Revenge Porn’S Next Tragic Act, Rebecca A. Delfino
Fordham Law Review
This could happen to you. Like millions of people worldwide, you have uploaded digital photographs of yourself to the internet through social media platforms. Your pictures aren’t sexually explicit or revealing—they depict your daily life, spending time with friends or taking “selfies” on vacation. But then someone decides they don’t like you. Using an app available on any smartphone, this antagonist clips digital images of your face from your innocuous pictures and pastes them seamlessly onto the body of a person engaged in sexually explicit acts. Without your knowledge or consent, you become the “star” of a realistic, pornographic “deepfake.” …
Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Kristin Johnson, Frank Pasquale, Jennifer Chapman
Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Kristin Johnson, Frank Pasquale, Jennifer Chapman
Fordham Law Review
According to some futurists, financial markets’ automation will substitute increasingly sophisticated, objective, analytical, model-based assessments of, for example, a borrower’s creditworthiness for direct human evaluations irrevocably tainted by bias and subject to the cognitive limits of the human brain. However, even if they do occur, such advances may violate other legal principles.
Artificial Intelligence, Finance, And The Law, Tom C.W. Lin
Artificial Intelligence, Finance, And The Law, Tom C.W. Lin
Fordham Law Review
Artificial intelligence is an existential component of modern finance. The progress and promise realized and presented by artificial intelligence in finance has been thus far remarkable. It has made finance cheaper, faster, larger, more accessible, more profitable, and more efficient in many ways. Yet for all the significant progress and promise made possible by financial artificial intelligence, it also presents serious risks and limitations. This Article offers a study of those risks and limitations—the ways artificial intelligence and misunderstandings of it can harm and hinder law, finance, and society. It provides a broad examination of inherent and structural risks and …
Cda 230 For A Smart Internet, Madeline Byrd, Katherine J. Strandburg
Cda 230 For A Smart Internet, Madeline Byrd, Katherine J. Strandburg
Fordham Law Review
This Article analyzes CDA 230 liability in light of the evolution of smart services employing data-driven personalized models of user behavior. As an illustrative case study, we discuss discrimination claims against Facebook’s ad-targeting platform, relying on recent empirical studies5 and litigation documents for factual background.
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Prosecuting Dark Net Drug Marketplace Operators Under The Federal Crack House Statute, Thomas J. Nugent
Fordham Law Review
Over 70,000 Americans died as the result of a drug overdose in 2017, a record year following a record year. Amidst this crisis, the popularity of drug marketplaces on what has been called the “dark net” has exploded. Illicit substances are sold freely on such marketplaces, and the anonymity these marketplaces provide has proved troublesome for law enforcement. Law enforcement has responded by taking down several of these marketplaces and prosecuting their creators, such as Ross Ulbricht of the former Silk Road. Prosecutors have typically leveled conspiracy charges against the operators of these marketplaces—in Ulbricht’s case, alleging a single drug …
Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron
Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron
Fordham Law Review
Gender equality demands equal opportunity to speak and be heard. Yet, in recent years, the clash between equality and free speech in the context of gender has intensified—in the media, the workplace, college campuses, and the political arena, both online and offline. The internet has given rise to novel First Amendment issues that particularly affect women, such as nonconsensual pornography, online harassment, and online privacy. On November 1–2, 2018, the Fordham Law Review brought together scholars and practicing lawyers from around the nation to address many of the pressing challenges facing feminists and free speech advocates today. The Symposium was …
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
Fordham Law Review
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …
Fosta: A Hostile Law With A Human Cost, Lura Chamberlain
Fosta: A Hostile Law With A Human Cost, Lura Chamberlain
Fordham Law Review
The Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”) rescinded legal immunity for websites that intentionally host user-generated advertisements for sex trafficking. However, Congress’s mechanism of choice to protect sex-trafficking victims has faced critique and backlash from advocates for those involved in commercial sex, who argue that FOSTA’s broad legislative language does far more to harm sex workers—a group distinct from sex-trafficking victims—than it does to end sex trafficking, chilling significant protected speech in the process. These critics posit that FOSTA’s results toward eradicating sex trafficking have been negligible and that its chief outcome has …