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Articles 1 - 7 of 7
Full-Text Articles in Law
Masthead, Volume 10 (2019)
Masthead, Volume 10 (2019)
Journal of Law, Technology, & the Internet
No abstract provided.
Killer Apps: Vanishing Messages, Encrypted Communications, And Challenges To Freedom Of Information Laws When Public Officials "Go Dark", Daxton R. Stewart
Killer Apps: Vanishing Messages, Encrypted Communications, And Challenges To Freedom Of Information Laws When Public Officials "Go Dark", Daxton R. Stewart
Journal of Law, Technology, & the Internet
Government officials such as White House staffers and the Missouri governor have been communicating among themselves and leaking to journalists using apps such as Signal and Confide, which allow users to encrypt messages or to make them vanish after they are received. By using these apps, government officials are "going dark" by avoiding detection of their communications in a way that undercuts freedom of information laws. This article explores the challenges presented by government employee use of encrypted and ephemeral messaging apps by examining three policy approaches: (1) banning use of the apps, (2) enhancing existing archiving and record-keeping practices, …
Forget Me, Forget Me Not: Elements Of Erasure To Determine The Sufficiency Of A Gdpr Article 17 Request, Haya Yaish
Forget Me, Forget Me Not: Elements Of Erasure To Determine The Sufficiency Of A Gdpr Article 17 Request, Haya Yaish
Journal of Law, Technology, & the Internet
The data subject’s (or the individual to whom the data relates) right to erasure under the new EU’s data protection law is likely to cause tensions with the right to freedom of expression. Using Article 17(1)(d)-(e) of the General Data Protection Regulation as a nexus to trigger and apply the right to privacy in EU law to the right to erasure, this Note presents a balancing test of four factors that can be used to consistently determine whether individual cases that request a right to erasure for published material are entitled to privacy protections. The proposed balancing test “Elements of …
"Sheer Force Of Tweet:" Testing The Limits Of Executive Power On Twitter, Kristina T. Bodnar
"Sheer Force Of Tweet:" Testing The Limits Of Executive Power On Twitter, Kristina T. Bodnar
Journal of Law, Technology, & the Internet
President Donald Trump’s affinity for Twitter has raised novel issues of constitutional law, tested the norms for presidential etiquette, and opened up a dialogue about whether tweets are considered the actual directives of the President. This note explores four subject areas that the President has tweeted about: judicial legitimacy, executive orders, removal of appointees, and entering into armed conflicts. Then, these topics will be considered in terms of whether presidential speech on social media should be regulated to protect against the risks of posting on the Internet and to ensure the preservation of the principles of democracy embedded in the …
Is The Grass Greener On The Other Side Of The Geofence: The First Amendment And Privacy Implications Of Unauthorized Smartphone Messages, Kearston L. Wesner
Is The Grass Greener On The Other Side Of The Geofence: The First Amendment And Privacy Implications Of Unauthorized Smartphone Messages, Kearston L. Wesner
Journal of Law, Technology, & the Internet
Geofencing technology enables companies to obtain users’ physical location and deliver customized communications, including political messages. But to accomplish this, some businesses transmit user data to third parties without consent. The privacy tort of intrusion and Federal Trade Commission actions target unfair or deceptive practices, but these avenues are inadequate. Users’ privacy should be safeguarded by creating a federal privacy statute that requires opt-in notification and periodic reminders of data collection, usage, and transmission practices.
Content Moderation In An Age Of Extremes, Rebecca Tushnet
Content Moderation In An Age Of Extremes, Rebecca Tushnet
Journal of Law, Technology, & the Internet
No abstract provided.
Technologically Competent: Ethical Practice For 21st Century Lawyering, Heidi Frostestad Kuehl
Technologically Competent: Ethical Practice For 21st Century Lawyering, Heidi Frostestad Kuehl
Journal of Law, Technology, & the Internet
The impact of technology and social media on litigation and the infiltration of technology into the U.S. and world markets are undeniable. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for ethical practice. This Article will identify the obligations of technological competence embodied in Model Rule 1.1 and examine the current cases and ethical decisions that reveal the evolving national and state-specific technological competence standards. After reviewing the timeline of cases and current scholarly literature, this Article proposes a more specific ethical standard for baseline knowledge of various technologies according to current practice …