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- Keyword
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- Artificial Intelligence; Voice Shoppers; Digital Assistant; Agency Law; Choice Gap; Information Gap (1)
- Copyright Hacking; Police; Copyright; Livestreaming; Social Media; Internet; YouTube; Congress; First Amendment; Free Speech; Video; Digital Millennium Copyright Act; Online Service Providers; Internet Service Providers; Eldred v. Ashcroft; Religious Technology Center v. Netcom; Copyright Act of 1976; Host Safe Harbor; Infringe; Infringement; Standard Technical Measures; Notice-and-Takedown; Good Faith Belief; Immunity; Lenz v. Universal Music Corporation; Artist; Fair Use; Algorithm; Enforcement; Content ID; Copyright Owner; Qualified Immunity; Pierson v. Ray; Harlow v. Fitzgerald; Clearly Established; Pearson v. Callahan; Frasier v. Evans; State Actors; Accountable; Accountability; Copyright Filtering System; Ex-ante; Ex-post (1)
- Copyright; access to knowledge; access to scientific knowledge; science; right to science; REBSPA; right to enjoy the benefits of scientific progress and its applications; Arti-cle 15(1)(b); International Covenant on Economic; Social and Cultural Rights; ICESCR; sci-entific freedom; academic freedom; adequacy for science; publishers; commercial publishers; publications; scientific publications; commons; knowledge commons; global South; open ac-cess; authors’ rights; publish or perish; new public management; science evaluations; peer re-view; right to research; science inclusiveness; global science inclusiveness; right to develop-ment; international solidarity; extraterritorial state obligations; moral rights (1)
- Data Privacy; Personal Information; Personal Data; Biometrics; Biometric Data; Right to Erasure; New York; New York Privacy Act; Biometric Privacy Act; Smart Devices; Smart Watch; Research; Scientific Research; Technological Research; Medical Research; Research Participants; Health; Research Exemption (1)
- Intellectual property; fashion design; blockchain; smart contracts; NFT (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Breaking Down Digital Walls: The Interface Of International Trade Law And Online Content Regulation Through The Lens Of The Chinese Vpn Measure, Neha Mishra
Brooklyn Journal of International Law
The interface of international trade law and online content regulation is problematic and complex. This Article examines the consistency of the regulation pertaining to Virtual Private Network (VPN) services in China with WTO law. It argues that although WTO law may be effective in disciplining protectionist aspects of online content regulations, they can neither scrutinize domestic values underlying such regulations nor guarantee the free flow of online content. Thus, existing rules contained in international trade agreements play a limited role in balancing domestic socio-cultural and political values vis-à-vis online censorship with an open, globally interconnected internet enabling seamless digital flows. …
Reforming Copyright Or Toward Another Science? – A Morehuman Rights-Oriented Approach Under The Rebspa Inconstructing A “Right To Research” For Scholarly Publishing, Klaus D. Beiter
Brooklyn Journal of International Law
This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA), as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …
Voice Shoppers: From Information Gaps To Choice Gaps In Consumer Markets, Noga Blickstein Shchory, Michal S. Gal
Voice Shoppers: From Information Gaps To Choice Gaps In Consumer Markets, Noga Blickstein Shchory, Michal S. Gal
Brooklyn Law Review
Recent years have seen exponential growth in the use of voice shoppers – artificial intelligence–based algorithms installed on digital voice assistants, such as Alexa and Google Assistant, that buy products based on verbal requests received from consumers. This game-changing switch to semi-automated shopping is shaking up markets by reshaping consumer–supplier relationships, as well as the business models of suppliers and search services. Voice shoppers benefit consumers by offering speedier and more sophisticated transactions while reducing search and transaction costs. At the same time, consumers’ voluntary delegation of their search powers and product selection creates what we call a “choice gap,” …
Regulating The Autonomous Ocean, Annie Brett
Regulating The Autonomous Ocean, Annie Brett
Brooklyn Law Review
The rapid rise in aerial drone use and the future deployment of self-driving cars have both spurred extensive legal and social debate. Autonomous vessels on the ocean, on the other hand, have largely escaped detailed scrutiny, even as they are reshaping the landscape of human interactions with the ocean and creating novel challenges for national and international legal regimes. Autonomous vessels are being captured while spying on other countries, raising concerns about national security and surveillance regimes. The Coast Guard is using enforcement loopholes to justify abandoning many of their autonomous vessels at sea, in flagrant violation of national and …
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Journal of Law and Policy
This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …
Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana R. Goodman
Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana R. Goodman
Brooklyn Law Review
People of color and women are underrepresented in science, technology, engineering and math (STEM) fields in the United States. Through both intentional and unintentional structural barriers, universities continue to lose valuable intellectual resources by perpetuating a lack of gender, racial, and ethnic diversity as people climb the academic ladder. Identifying racial and gender disparities between university campus populations and their patent representation quantifies the qualitatively observed systemic racism and sexism plaguing STEM. Without data quantifying the underrepresentation of women and people of color, specifically when protecting their intellectual property rights, universities cannot show that their programs designed to close these …
The Gatekeepers Of Research: Why A Data Protection Authority Holds The Key To Research In The New York Privacy Acts, Eric B. Green
The Gatekeepers Of Research: Why A Data Protection Authority Holds The Key To Research In The New York Privacy Acts, Eric B. Green
Brooklyn Law Review
Biometric data is among the most sensitive of personal data because it is biologically tied and unique to the individual. Nonetheless, biometric data is an invaluable facet of the research that enables progressive scientific, technological, and medical innovation. Because a comprehensive federal data privacy act does not appear to be on the horizon, the torch has been passed to the states to create their own personal data protection regimes. New Yorkers’ personal biometric data is not aptly protected, partially because neither the New York Privacy Act nor the Biometric Privacy Act (collectively, the NY Privacy Acts) have matured to the …
The Promised Land: Blockchain And The Fashion Industry, Shlomit Yanisky-Ravid, Grace Monroy
The Promised Land: Blockchain And The Fashion Industry, Shlomit Yanisky-Ravid, Grace Monroy
Brooklyn Law Review
Despite being a highly creative industry, the fashion industry lacks effective intellectual property (IP) protection in the United States. This article posits that, in the midst of the digital era, blockchain technology, particularly smart contracts, can remedy the failure of IP laws to protect fashion designs and create efficiencies that may dramatically improve the industry. Therefore, if the fashion industry were to adopt a blockchain-based platform, enabled by smart contracts, it could address many of the current challenges stemming from a lack of sufficient IP protection. This article explores the features of blockchain technology, including NFTS, and the application to …