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Articles 1 - 17 of 17
Full-Text Articles in Law
Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu
Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu
Popular Media
No abstract provided.
On The Danger Of Not Understanding Technology, Fredric I. Lederer
On The Danger Of Not Understanding Technology, Fredric I. Lederer
Popular Media
No abstract provided.
"You Always Have To Be Careful About Censorship", Gabrielle Nadler, Margaret Hu
"You Always Have To Be Careful About Censorship", Gabrielle Nadler, Margaret Hu
Popular Media
No abstract provided.
The Ironic Privacy Act, Margaret Hu
The Ironic Privacy Act, Margaret Hu
Faculty Publications
This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way that inverts its intent. Specifically, pursuant to the Privacy Act's reporting requirements, in September 2017, the U.S. Department of Homeland Security (DHS) notified the public that record systems would be modified to encompass the collection of social media data. The notification justified the collection of social media data as a part of national security screening and immigration vetting procedures. However, the collection will encompass social media data on both citizens and noncitizens, and was not explicitly …
The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann
The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann
Popular Media
No abstract provided.
Big Data Blacklisting, Margaret Hu
Big Data Blacklisting, Margaret Hu
Faculty Publications
“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …
Biometric Id Cybersurveillance, Margaret Hu
Biometric Id Cybersurveillance, Margaret Hu
Faculty Publications
The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …
Creative Sanctions For Online Investment Fraud, Jayne W. Barnard
Creative Sanctions For Online Investment Fraud, Jayne W. Barnard
Faculty Publications
No abstract provided.
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Faculty Publications
Courts have been evaluating the issue of personal jurisdiction based on Internet or "network-mediated" contacts for some time. The U.S. Supreme Court has remained silent on this issue, permitting the federal appeals courts to develop standards for determining when personal jurisdiction based on network-mediated contacts is appropriate. Unfortunately, the circuit approaches-which emphasize a Web site's "interactivity" and "target audience" -are flawed because they are premised on an outdated view of Internet activity as uncontrollably ubiquitous. This view has led courts to depart from traditional jurisdictional analysis and impose elevated and misguided jurisdictional standards. This article argues that courts should reinstitute …
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy
Faculty Publications
No abstract provided.
Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick
Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick
Faculty Publications
No abstract provided.
Copyright And "New-Use" Technologies, I. Trotter Hardy
Copyright And "New-Use" Technologies, I. Trotter Hardy
Faculty Publications
No abstract provided.
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Computer Ram 'Copies:' Hit Or Myth? Historical Perspectives On Caching As A Microcosm Of Current Copyright Concerns, I. Trotter Hardy
Faculty Publications
No abstract provided.
Law And The Internet: What Are The Dangers Of Putting The World At Your Fingertips?, I. Trotter Hardy
Law And The Internet: What Are The Dangers Of Putting The World At Your Fingertips?, I. Trotter Hardy
Popular Media
No abstract provided.
Starting An Electronic Journal In Law, I. Trotter Hardy
Starting An Electronic Journal In Law, I. Trotter Hardy
Faculty Publications
Starting and operating an electronic journal is similar to starting and operating any journal; it is only the actual “mailing” of an electronic journal that is easier. The author discusses his experience in starting the Journal of Online Law, an electronic journal dealing with the legal issues of cyberspace. He describes his experience in addressing questions such as whether to charge for access, how to gain visibility for the journal, what type of articles make the most sense for electronic publication, which forms of electronic distribution make the most sense, and other issues.
Property (And Copyright) In Cyberspace, I. Trotter Hardy
Property (And Copyright) In Cyberspace, I. Trotter Hardy
Faculty Publications
No abstract provided.
The Proper Legal Regime For 'Cyberspace', I. Trotter Hardy
The Proper Legal Regime For 'Cyberspace', I. Trotter Hardy
Faculty Publications
No abstract provided.