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Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia Dec 2015

Don’T Tread On Me…Online: The Fec Should Stay Out Of Free Internet-Based Political Speech, Timothy J. D’Elia

Catholic University Journal of Law and Technology

No abstract provided.


Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute Dec 2015

Privacy Almighty? The Cjeu's Judgment In Google Spain Sl V. Aepd, David J. Stute

Michigan Journal of International Law

The Internet has matured into an unprecedented repository of data, retrievable through myriad unique “links,” or Uniform Resource Locators. Yet, this wealth of information only became broadly accessible through the invention and continual development of algorithm-based search engines. Keyword searches empowered search-engine users to find—and sometimes stumble upon—information with great ease. Indeed, search-engine indices arguably have become the most comprehensive catalogues of information the world has ever seen. This wealth of accessible information poses challenges to traditional notions of privacy: aspects of our private and public lives, which previously would have rarely left the vicinities of our immediate social or …


Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage Sep 2015

Avoiding The Next Napster: Copyright Infringement And Investor Liability In The Age Of User Generated Content, Truan Savage

Michigan Business & Entrepreneurial Law Review

Rapid developments in digital technology over the past quarter century have made it easier than ever for people to create and instantly share content. These developments have served as the basis for countless innovations and have spawned some of today’s largest and most profitable companies. As content creation and distribution continues to evolve, businesses seek new ways to profit from these technological innovations. But while businesses continue to develop around new methods of content distribution, the law of copyright, which generally aims to encourage the creation of content, has been slow to adapt. This era of modern technological innovation thus …


Swift, Modest Proposals, Babies, And Bathwater: Are Hibbitts's Writes Right?, Thomas R. Bruce Jul 2015

Swift, Modest Proposals, Babies, And Bathwater: Are Hibbitts's Writes Right?, Thomas R. Bruce

Akron Law Review

That is one of the reasons I fidget a bit as I read Last Writes?. I think that doing what Hibbitts proposes and more to the point, doing it well will be rather more work than he lets on, and will be anything but immediate. It will be a difficult kind of work, the thorny, self critical kind that law schools generally avoid like the plague. While Hibbitts does an excellent job of outlining the possible objections to his "modest proposal," I think that he underestimates the tenacity of the existing culture. I also think he misses some of the …


Self-Publication On The Internet And The Future Of Law Reviews, Gregory E. Maggs Jul 2015

Self-Publication On The Internet And The Future Of Law Reviews, Gregory E. Maggs

Akron Law Review

This essay presents a different vision of the future. Part I explains why law reviews might continue to exist even after self-publication on the Internet becomes the norm. It suggests that law reviews could still perform many of the functions they currently perform, even it they get out of the business of publishing. Part II then argues that law schools should favor the continued existence of law reviews. It explains that law reviews stimulate and enrich the students who volunteer to serve on them, and that developments on the Internet will make the law review experience even more valuable. Part …


The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier Jul 2015

The Future Of Legal Scholarship And Scholarly Communication: Publication In The Age Of Cyberspace, David A. Rier

Akron Law Review

In Part I of this paper, I will review the essentials of Hibbitts's discussion, and his argument that electronic self-publication of legal scholarship soon willand shouldreplace the edited, printed law review as we know it today. In Part II, I apply sociological analysis to explore some special features of the audience for and functions of legal scholarship. I will build upon this discussion in Part III, which explains why legal scholarship is a poor candidate for electronic self-publication, and why self-publication is a poor use of the Internet's potential for scholarly communication. In the concluding Part IV, I outline some …


Cyberspace: The Final Frontier, For Regulation?, Jay Krasovec Jul 2015

Cyberspace: The Final Frontier, For Regulation?, Jay Krasovec

Akron Law Review

This article will discuss the concept of anonymity on the Internet and argue for its protection. Part II provides background information on the Internet and illustrates the prominence the Internet has in today's global society. Part III discusses the concept of anonymity and its importance in our daily communications and how these principles necessarily extend to online communication. Part IV outlines the purported justifications for regulating Internet content, which is followed by Part V discussing current and attempted regulations of the Internet. This article then argues for the full protection of online anonymous speech as mandated by fundamental principles of …


Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty Jul 2015

Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty

Akron Law Review

This comment explores the constitutionality of federal regulations as applied to Internet content and alternatives to government regulation. Part II provides background on the Internet, First Amendment obscenity and indecency law as applied to communications media, and past and current legislation enacted to regulate Internet content. Part III analyzes the constitutionality of COPA, and discusses why other alternatives are more effective and preferable to government regulation. Part IV concludes that protecting children from harmful Internet content is the responsibility of parents, and therefore, Internet regulation should begin at home.


Copyright Tensions In A Digital Age, John D. Shuff, Geoffrey T. Holtz Jul 2015

Copyright Tensions In A Digital Age, John D. Shuff, Geoffrey T. Holtz

Akron Law Review

The rapid and exponential expansion of our ability to duplicate and disseminate information by digital means has rejuvenated inherent tensions in the law pertaining to copyright and has created some new ones. Not since the advent of radio in the early 1900s have such tensions come so squarely into focus. Even though courts are rarely, if ever, called upon to address certain of these tensions since the passage of the Copyright Act of 1976, they are being called upon to do so now


The Medium Is The Message: Copyright Law Confronts The Information Age In New York Times V. Tasini, Mark B. Radefeld Jul 2015

The Medium Is The Message: Copyright Law Confronts The Information Age In New York Times V. Tasini, Mark B. Radefeld

Akron Law Review

This Note analyzes the Supreme Court’s recent opinion in New York Times Co. v. Tasini and its implications for the future of copyright law and electronic publishing. Part II of this Note documents the background of copyright law, and details how the default provisions of §201(c) govern the publisher-author relationship. Part III of this Note introduces the parties and circumstances surrounding the Tasini case. Part III continues by outlining the District Court for the Southern District of New York, the Court of Appeals for the Second Circuit, and the Supreme Court decisions in this landmark case. Part IV of this …


United States V. American Library Association: The Choice Between Cash And Constitutional Rights, Barbara A. Sanchez Jul 2015

United States V. American Library Association: The Choice Between Cash And Constitutional Rights, Barbara A. Sanchez

Akron Law Review

This Note discusses the possibility that the Court, in its eagerness to protect children, twisted established First Amendment doctrines to uphold CIPA and declined to address other legal issues that weaken CIPA’s constitutionality. Part II provides a historical background of previous legislation attempting to protect children accessing the Internet, explains what CIPA is and compares it to previous legislation, and also discusses current filtering technology and its limitations. Part III provides a statement of the facts, including the procedural history of the case. Part IV analyzes the Court’s confusing and inconsistent application of firmly established rules dealing with Congress’ spending …


Towards An Internet Bill Of Rights, Giovanna De Minico Jul 2015

Towards An Internet Bill Of Rights, Giovanna De Minico

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon Mcgovern Jun 2015

Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon Mcgovern

Catholic University Law Review

In an ever-changing technological landscape, strictly adhering to the language and definitions of the Copyright Act in cases involving emerging technologies may contravene the purpose and intent of copyright law. However, the Supreme Court’s 2014 opinion in American Broadcasting Cos. v. Aereo Inc. puts forth a commercial interest rationale that suggests copyright infringers may no longer be able to avoid liability based on perceived technological loopholes that have typically absolved online infringers of infringement liability. This Note argues that Aereo’s commercial interest rationale paves the way for a new approach to technologically complex copyright cases, particularly where in-line linking …


Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg Jun 2015

Loopholes For Circumventing The Constitution: Unrestrained Bulk Surveillance On Americans By Collecting Network Traffic Abroad, Axel Arnbak, Sharon Goldberg

Michigan Telecommunications & Technology Law Review

This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws. This Article will also describe how modern Internet protocols can be manipulated to deliberately divert American’s traffic abroad, where traffic can then be collected under a more permissive legal regime (Executive Order 12333) that is overseen solely by the executive branch of the US government. Although the media has reported on some …


Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey Jun 2015

Voluntary Disclosure Of Information As A Proposed Standard For The Fourth Amendment's Third-Party Doctrine, Margaret E. Twomey

Michigan Telecommunications & Technology Law Review

The third-party doctrine is a long-standing tenant of Fourth Amendment law that allows law enforcement officers to utilize information that was released to a third party without the probable cause required for a traditional search warrant. This has allowed law enforcement agents to use confidential informants, undercover agents, and access bank records of suspected criminals. However, in a digital age where exponentially more information is shared with Internet Service Providers, e-mail hosts, and social media “friends,” the traditional thirdparty doctrine ideas allow law enforcement officers access to a cache of personal information and data with a standard below probable cause. …


Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione Jun 2015

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …


Copyright Law And The Internet: The New Generation Of Legal Battles In The Courts, Catherine Pignataro May 2015

Copyright Law And The Internet: The New Generation Of Legal Battles In The Courts, Catherine Pignataro

Touro Law Review

No abstract provided.


Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky May 2015

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of …


Social Justice, Social Norms And The Governance Of Social Media, Tal Z. Zarsky May 2015

Social Justice, Social Norms And The Governance Of Social Media, Tal Z. Zarsky

Pace Law Review

This article proceeds as follows: Part II briefly addresses the theoretical arguments regarding the pros and cons of various governance strategies, focusing on the advantages, disadvantages and pitfalls of reliance on private parties. In Part III, the article describes, in general terms, the above-mentioned empirical study, explaining its methodology, the specific challenges to its design and implementation, and how these were met. The discussion specifically centers on a survey taken to establish the nature of social norms. Part IV presents a specific test case: whether pseudonymity should be permitted in social media or should “real names” be mandatory. Part V …


The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker Apr 2015

The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker

Michigan Journal of International Law

Consider this sentence: “The Shining Path is a heroic organization.” Over the past thirty years, the Shining Path has waged a violent guerilla war against the Peruvian government, prompting the European Union to designate the group as a terrorist organization. In certain European countries, speech inciting or glorifying terrorist organizations is criminalized. As a result, citizens risk prosecution if they do not carefully limit what they say about the Shining Path, or other terrorist organizations. But where does free speech end and incitement to terrorism begin? The debate over free speech and incitement to terrorism is actively being played out …


Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson Apr 2015

Silencing The Call To Arms: A Shift Away From Cyber Attacks As Warfare, Ryan Patterson

Loyola of Los Angeles Law Review

Cyberspace has developed into an indispensable aspect of modern society, but not without risk. Cyber attacks have increased in frequency, with many states declaring cyber operations a priority in what has been called the newest domain of warfare. But what rules govern? The Tallinn Manual on the International Law Applicable to Cyber Warfare suggests existent laws of war are sufficient to govern cyber activities; however, the Tallinn Manual ignores fundamental problems and unique differences between cyber attacks and kinetic attacks. This Article argues that several crucial impediments frustrate placing cyber attacks within the current umbra of warfare, chiefly the problems …


Internet Exceptionalism: An Overview From General Constitutional Law, Mark Tushnet Mar 2015

Internet Exceptionalism: An Overview From General Constitutional Law, Mark Tushnet

William & Mary Law Review

This Article considers First Amendment Internet exceptionalism. I use that term in what I think is a reasonably standard way to refer to the question of whether the technological characteristics of the Internet (and, more generally, twenty-first-century information technologies) justify treating regulation of information dissemination through the Internet differently from regulation of such dissemination through nineteenth- and twentieth-century media, such as print, radio, and television. My aim here is not to provide an answer to that question, but to identify several subquestions whose answers must be part of the larger answer.


Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart Jan 2015

Social Media And The Job Market: How To Reconcile Applicant Privacy With Employer Needs, Peter B. Baumhart

University of Michigan Journal of Law Reform

In the modern technological age, social media allows us to communicate vast amounts of personal information to countless people instantaneously. This information is valuable to more than just our “friends” and “followers,” however. Prospective employers can use this personal data to inform hiring decisions, thereby maximizing fit and minimizing potential liability. The question then arises, how best to acquire this information? For job applicants, the counter-question is how best to protect the privacy of their social media accounts. As these two competing desires begin to clash, it is important to find a method to mediate the conflict. Existing privacy law, …


Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program, Stephen Mcinerney Jan 2015

Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program, Stephen Mcinerney

University of Michigan Journal of Law Reform

Advances in mobile technology continually create new possibilities for the future of medical care. Yet these changes have also created concerns about patient safety. Under the Food, Drug, and Cosmetic Act, the Food and Drug Administration (FDA) has the authority to regulate a broad spectrum of products beyond traditional medical devices like stethoscopes or pacemakers. The regulatory question is not if the FDA has the statutory authority to regulate health-related software, but rather how it will exercise its regulatory authority. In September 2013, the FDA published Final Guidance on Mobile Medical Applications; in it, the Agency limited its oversight to …


Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher Jan 2015

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

University of Richmond Law Review

No abstract provided.


Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster Jan 2015

Let's Reinvent The Wheel: The Internet As A Means Of Interstate Commerce In United States V. Kieffer, Valeria G. Luster

Oklahoma Law Review

No abstract provided.


Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian Jan 2015

Dear Yahoo: A Comment On In Re Yahoo Mail Litigation, Nareen Melkonian

Loyola of Los Angeles Law Review

No abstract provided.