Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (57)
- Seattle University School of Law (25)
- UIC School of Law (22)
- SelectedWorks (17)
- The University of Akron (17)
-
- Pace University (15)
- Schulich School of Law, Dalhousie University (13)
- University of Richmond (10)
- University of Maryland Francis King Carey School of Law (9)
- University of Michigan Law School (9)
- The Catholic University of America, Columbus School of Law (8)
- Pepperdine University (6)
- Vanderbilt University Law School (6)
- Case Western Reserve University School of Law (4)
- Cornell University Law School (4)
- Loyola Marymount University and Loyola Law School (4)
- University of Colorado Law School (4)
- University of Florida Levin College of Law (4)
- University of Washington School of Law (4)
- Chicago-Kent College of Law (3)
- Duke Law (3)
- Fordham Law School (3)
- University of Georgia School of Law (3)
- University of Pennsylvania Carey Law School (3)
- American University Washington College of Law (2)
- Boston University School of Law (2)
- Brigham Young University Law School (2)
- Hamline University (2)
- Loyola University Chicago, School of Law (2)
- New York Law School (2)
- Keyword
-
- Internet (47)
- Privacy (24)
- Law and Technology (20)
- Social media (20)
- Copyright (16)
-
- Corporate (13)
- Technology (12)
- Blair (11)
- Cybersecurity (11)
- Science and Technology (11)
- Stout (11)
- Corporation (10)
- Team production (10)
- Governance (9)
- Intellectual Property Law (8)
- International law (8)
- Shareholder (8)
- Communications Law (7)
- Computer Law (7)
- First Amendment (7)
- NSA (7)
- Facebook (6)
- Law and Economics (6)
- Legal scholarship (6)
- Regulation (6)
- Surveillance (6)
- Board (5)
- Copyright Act (5)
- Corporations (5)
- FTC (5)
- Publication
-
- Seattle University Law Review (23)
- Akron Law Review (17)
- UIC John Marshall Journal of Information Technology & Privacy Law (15)
- Pace Law Review (13)
- David E. Sorkin (11)
-
- Canadian Journal of Law and Technology (9)
- Faculty Scholarship (9)
- Richmond Journal of Law & Technology (8)
- All Faculty Scholarship (6)
- Catholic University Journal of Law and Technology (6)
- Lawrence J. Trautman Sr. (5)
- Peter K. Yu (5)
- Vanderbilt Journal of Entertainment & Technology Law (5)
- Articles, Book Chapters, & Popular Press (4)
- Faculty Publications (4)
- Journal of Law, Technology, & the Internet (4)
- Maryland Law Review (4)
- Publications (4)
- The Journal of Business, Entrepreneurship & the Law (4)
- UIC Review of Intellectual Property Law (4)
- Articles (3)
- Duke Law & Technology Review (3)
- Florida Law Review (3)
- Law Faculty Scholarship (3)
- Michigan Telecommunications & Technology Law Review (3)
- UIC Law Review (3)
- Washington Journal of Law, Technology & Arts (3)
- William K. Ford (3)
- Ann M. Lousin (2)
- Articles & Chapters (2)
- Publication Type
Articles 271 - 300 of 310
Full-Text Articles in Law
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
Scholarly Works
From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.
This Article posits that …
Authors, Online, Daniel J. Gervais
Authors, Online, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The fate of professional creators is a major cultural issue. While specific copyright rules are obviously contingent and should be adapted to the new realities of online distribution and easy reuse, professional authorship remains necessary. I also believe that to be a professional author, creators need time, which, in turn, does require some form of payment. We need healthy financial flows to allow professional authors to make a decent, market-based living. This requires a move away from one-size-fits-all copyright and the resulting "tug of norms" that requires a shift of the entire policy package to the benefit of one category …
A Conceptual Framework For The Regulation Of Cryptocurrencies, Omri Y. Marian
A Conceptual Framework For The Regulation Of Cryptocurrencies, Omri Y. Marian
UF Law Faculty Publications
This Essay proposes a conceptual framework for the regulation of transactions involving cryptocurrencies. Cryptocurrencies offer tremendous opportunities for innovation and development but are also uniquely suited to facilitate illicit behavior. The regulatory framework suggested herein is intended to support (or at least not impair) cryptocurrencies’ innovative potential. At the same time, it aims to disrupt cryptocurrencies’ criminal utility. To achieve these purposes, this Essay proposes a regulatory framework that imposes costs on the characteristics of cryptocurrencies that make them especially useful for criminal behavior (in particular, anonymity) but does not impose costs on characteristics that are at the core of …
Protecting Freedom Of Expression Over The Internet: An International Approach, Alan Sears
Protecting Freedom Of Expression Over The Internet: An International Approach, Alan Sears
Notre Dame Journal of International & Comparative Law
Writing primarily in 2013, Alan Sears examines different aspects of the international legal framework as to how freedom of expression over the Internet may be protected. Even though the Internet has largely incorporated the concept of freedom of expression from its inception, the need for such protection has become increasingly evident. States around the world have progressively cracked down on Internet speech, a trend highlighted by recent events occurring during the Arab Spring. Alan thus focuses on the Middle East when exploring how Internet governance may be shaped, and human rights and trade agreements may be utilized, in order to …
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
Articles, Book Chapters, & Popular Press
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …
An Introduction To The Intellectual Property Law Implications Of 3d Printing, Michael Rimock
An Introduction To The Intellectual Property Law Implications Of 3d Printing, Michael Rimock
Canadian Journal of Law and Technology
Put simply, 3D printing allows people to print physical objects that are scanned, downloaded, or created digitally. There are an astonishing number of uses, benefits, and advantages associated with 3D printing. However, as with any new technology with so much potential, 3D printing presents a number of threats and challenges to many who benefit from the way manufacturing currently operates. While 3D printers will likely have a tremendous economic and socio- cultural impact, the following will provide an overview of some of its implications relating to intellectual property law. I will begin by briefly discussing the history of 3D printing …
"Records Management Law" - A Necessary Major Field Of The Practice Of Law, Ken Chasse
"Records Management Law" - A Necessary Major Field Of The Practice Of Law, Ken Chasse
Canadian Journal of Law and Technology
‘‘Records management law” will be a necessary area of specialization because: (1) electronic records are now produced by most commercial, communication, transmission of data, and social, formal, and semi-formal interactions; (2) therefore they are the foundation of many kinds of legislation; (3) records are the most frequently used kind of evidence in legal proceedings; and, (4) electronic records are as important to daily living as are motor vehicles, and will become more important. But the legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence is very inadequate because it ignores these facts: …
Technological Neutrality Explained & Applied To Cbc V. Sodrac, Cameron J. Hutchison
Technological Neutrality Explained & Applied To Cbc V. Sodrac, Cameron J. Hutchison
Canadian Journal of Law and Technology
This article explores technological neutrality in the factual context of CBC v. SODRAC, heard before the Supreme Court of Canada in March of 2015 with decision pending at the time of publication. After outlining the history of the case in the first part, this article concludes with an application of the principle of technological neutrality, as non-interference, to the case. The only result coherent with the Supreme Court’s prior case law is to not treat non-usable or dormant incidental copies as reproductions under the Act. The status of permanent copies that serve a useful and identifiable purpose, e.g. archived copies, …
Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Wayne Mackay
Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Wayne Mackay
Articles, Book Chapters, & Popular Press
This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …
Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
Articles, Book Chapters, & Popular Press
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …
Signing Your Next Deal With Your Twitter @Username: The Legal Uses Of Identity-Based Cryptography, Jillian Friedman
Signing Your Next Deal With Your Twitter @Username: The Legal Uses Of Identity-Based Cryptography, Jillian Friedman
Canadian Journal of Law and Technology
This article will look at the legal framework for electronic signatures under Canadian law and through the UNCITRAL Model Law on Electronic Signatures and evaluate the potential use of identity-based cryptography as a type of electronic signature. While most jurisdictions permit electronic signatures to replace their handwritten predecessors, the criteria of validity for an electronic signature range from liberal to restrictive. Public key infrastructure (PKI) cryptography schemes are considered to meet the juridical conditions of a legal signature under more rigorous legislation that requires an electronic signature to possess certain security attributes. In common law jurisdictions, digital signature schemes such …
Agency Publicity In The Internet Era, Nathan Cortez
Agency Publicity In The Internet Era, Nathan Cortez
Faculty Journal Articles and Book Chapters
This Report, prepared for the Administrative Conference of the United States (ACUS), details how federal agencies use modern forms of publicity - including press releases, agency web sites, searchable online databases, and social media - to achieve regulatory ends. It evaluates the benefits and burdens of modern agency publicity practices, using three agencies as case studies: the Food and Drug Administration (FDA); the Federal Trade Commission (FTC); and the Consumer Financial Protection Bureau (CFPB). Part V recommends a series of largely procedural reforms that balance the need for public disclosure with the need to protect those potentially injured by adverse …
Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar
Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Code-Based Interpretation Of Authorization: An Incomplete Picture, Nicholas R. Ulrich
The Code-Based Interpretation Of Authorization: An Incomplete Picture, Nicholas R. Ulrich
Washington Journal of Law, Technology & Arts
The definition of authorization under the Stored Communications Act raises questions about implied authorization in situations where someone fails to secure an email account properly. The few cases that have addressed this issue under the federal act or its state equivalents have not created a bright-line rule. Instead, the question of authorization has been highly fact-dependent. Two leading interpretive theories have emerged on the question of authorization: the code-based theory and the trespass theory. While the code-based interpretation of authorization seems pleasing because it appears to provide highly predictive outcomes, it fails in some circumstances. This failure is especially obvious …
Cyber Espionage Or Cyber War?: International Law, Domestic Law, And Self-Protective Measures, Christopher S. Yoo
Cyber Espionage Or Cyber War?: International Law, Domestic Law, And Self-Protective Measures, Christopher S. Yoo
All Faculty Scholarship
Scholars have spent considerable effort determining how the law of war (particularly jus ad bellum and jus in bello) applies to cyber conflicts, epitomized by the Tallinn Manual on the International Law Applicable to Cyber Warfare. Many prominent cyber operations fall outside the law of war, including the surveillance programs that Edward Snowden has alleged were conducted by the National Security Agency, the distributed denial of service attacks launched against Estonia and Georgia in 2007 and 2008, the 2008 Stuxnet virus designed to hinder the Iranian nuclear program, and the unrestricted cyber warfare described in the 1999 book by …
Who Regulates The Robots, Margot Kaminski
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell
Vanderbilt Journal of Entertainment & Technology Law
When does work become play and play become work? Court shave considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here, this question is applied to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play fantasy massively multiplayer online games (MMOs) that reward them with virtual items that their employers sell for profit to the same games' casual players. Gold farming is clearly a …
Electronically Stored Information And The Ancient Documents Exception To The Hearsay Rule: Fix It Before People Find Out About It, Daniel J. Capra
Electronically Stored Information And The Ancient Documents Exception To The Hearsay Rule: Fix It Before People Find Out About It, Daniel J. Capra
Faculty Scholarship
The first website on the Internet was posted in 1991. While there is not much factual content on the earliest websites, it did not take long for factual assertions—easily retrievable today—to flood the Internet. Now, over one hundred billion emails are sent, and ten million static web pages are added to the Internet every day. In 2006 alone, the world produced electronic information that was equal to three million times the amount of information stored in every book ever written. The earliest innovations in electronic communication are now over twenty years old—meaning that the factual assertions made by way of …
Legitimacy And Expertise In Global Internet Governance, Olivier Sylvain
Legitimacy And Expertise In Global Internet Governance, Olivier Sylvain
Faculty Scholarship
Over the course of the past decade or so, attention among Internet policymakers and scholars has shifted gradually from substantive design principles to the structure of Internet governance. The Internet Corporation for Assigning Names and Numbers in particular now faces a new skepticism about its legitimacy to administer the essential Internet Assigned Numbers Authority function. ICANN has responded to these doubts by proposing a series of major governance reforms that would bring nation-states more into the organization's decisionmaking. After all, transnational governance institutions in other substantive areas privilege nation-states as a matter of course. This Symposium Essay shows that these …
Disagreeable Privacy Policies: Mismatches Between Meaning And Users’ Understanding, Joel R. Reidenberg, Travis Breaux, Lorrie F. Cranor, Brian M. French, Amanda Grannis, James T. Graves, Fei Liu, Aleecia Mcdonald, Thomas B. Norton, Rohan Ramanath, N. Cameron Russell, Norman Sadeh, Florian Schaub
Disagreeable Privacy Policies: Mismatches Between Meaning And Users’ Understanding, Joel R. Reidenberg, Travis Breaux, Lorrie F. Cranor, Brian M. French, Amanda Grannis, James T. Graves, Fei Liu, Aleecia Mcdonald, Thomas B. Norton, Rohan Ramanath, N. Cameron Russell, Norman Sadeh, Florian Schaub
Faculty Scholarship
Privacy policies are verbose, difficult to understand, take too long to read, and may be the least-read items on most websites even as users express growing concerns about information collection practices. For all their faults, though, privacy policies remain the single most important source of information for users to attempt to learn how companies collect, use, and share data. Likewise, these policies form the basis for the self-regulatory notice and choice framework that is designed and promoted as a replacement for regulation. The underlying value and legitimacy of notice and choice depends, however, on the ability of users to understand …
A New Taxonomy For Online Harms, Kate Klonick
A New Taxonomy For Online Harms, Kate Klonick
Faculty Publications
(Excerpt)
Bullying is generally understood among academics and educators as having to meet three criteria: (1) it must be verbal or physical aggression; (2) it must be repeated over time; and (3) it must involve a power differential. When talking about cyber bullying, the aggression is mostly verbal, using “threats, blackmail. . . gossip and rumors” and online personas or messages can be more cruel, vindictive and mean. Though cyber bullying typically describes acts between children, the same acts by adults could also be considered cyber harassment. Unlike harassment, however, bullying does not have a history of criminal liability—though all …
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Scholarly Articles
When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.
Charitable Organization Oversight: Rules V. Standards, Philip Hackney
Charitable Organization Oversight: Rules V. Standards, Philip Hackney
Articles
Congress has traditionally utilized standards as a means of communicating charitable tax law in the Code. In the past fifteen years, however, Congress has increasingly turned to rules to stop fraud and abuse in the charitable sector. I review the rules versus standards debate to evaluate this trend. Are Congressional rules the best method for regulating the charitable sector? While the complex changing nature of charitable purpose would suggest standards are better, the inadequacy of IRS enforcement and the large number of unsophisticated charitable organizations both augur strongly in favor of rules. Congress, however, is not the ideal institution to …
Data Breach (Regulatory) Effects, David Thaw
Increasing The Transaction Costs Of Harassment, Woodrow Hartzog, Evan Selinger
Increasing The Transaction Costs Of Harassment, Woodrow Hartzog, Evan Selinger
Faculty Scholarship
Wouldn’t it be nice if the rules, agreements, and guidelines designed to prevent online harassment were sufficient to curb improper behavior? As if. Wrongdoers are not always so easily deterred. Sometimes these approaches are about as effective as attacking tanks with toothpicks.
As Danielle Citron contends in her critically important work, Hate Crimes in Cyberspace, the design of the Internet facilitates vitriol and abuse, even when it is legally, contractually, and normatively prohibited. Communicating almost effortlessly at distance—sometimes anonymously and typically with minimized body language—can heighten emotional detachment and blunt moral sensitivity. Tragically, when a mediated environment makes it …
Moore’S Law, Metcalfe’S Law, And The Theory Of Optimal Interoperability, Christopher S. Yoo
Moore’S Law, Metcalfe’S Law, And The Theory Of Optimal Interoperability, Christopher S. Yoo
All Faculty Scholarship
Many observers attribute the Internet’s success to two principles: Moore’s Law and Metcalfe’s Law. These precepts are often cited to support claims that larger networks are inevitably more valuable and that costs in a digital environment always decrease. This Article offers both a systematic description of both laws and then challenges the conventional wisdom by exploring their conceptual limitations. It also explores how alternative mechanisms, such as gateways and competition, can permit the realization benefits typically attributed to Moore’s Law and Metcalfe’s Law without requiring increases in network size.
Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa
Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa
UIC Law Review
This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.
Looking For Love In The Online Age - Convicted Felons Need Not Apply: Why Bans On Felons Using Internet Dating Sites Are Problematic And Could Lead To Violations Of The Computer Fraud & Abuse Act, Amy Tenney
Criminal Law Practitioner
No abstract provided.
Privacy And The New Press, Lyrissa Lidsky
Privacy And The New Press, Lyrissa Lidsky
Faculty Publications
In The First Amendment Bubble, Professor Amy Gajda comprehensively examines privacy threats posed by digital media and “quasi-journalists” and demonstrates how their intrusive practices threaten existing press freedoms.