Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Internet Law (32)
- Intellectual Property Law (9)
- Privacy Law (9)
- Computer Law (8)
- Science and Technology Law (7)
-
- Communications Law (6)
- First Amendment (6)
- Law and Society (6)
- Constitutional Law (5)
- Antitrust and Trade Regulation (4)
- Criminal Law (4)
- Social and Behavioral Sciences (4)
- Business (3)
- Civil Rights and Discrimination (3)
- Commercial Law (3)
- Consumer Protection Law (3)
- Criminal Procedure (3)
- Entertainment, Arts, and Sports Law (3)
- Evidence (3)
- Legal Ethics and Professional Responsibility (3)
- Technology and Innovation (3)
- Comparative and Foreign Law (2)
- European Law (2)
- Fourth Amendment (2)
- Human Rights Law (2)
- International Law (2)
- Jurisprudence (2)
- Law and Politics (2)
- Legislation (2)
- Institution
-
- Selected Works (10)
- The University of Akron (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- SelectedWorks (4)
- University of Michigan Law School (4)
-
- American University Washington College of Law (2)
- Boston University School of Law (2)
- Fordham Law School (2)
- Loyola Marymount University and Loyola Law School (2)
- Maurer School of Law: Indiana University (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Chapman University (1)
- Cleveland State University (1)
- Mitchell Hamline School of Law (1)
- Seattle University School of Law (1)
- St. Mary's University (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Massachusetts Amherst (1)
- University of Massachusetts School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Wollongong (1)
- William & Mary Law School (1)
- Publication
-
- Faculty Scholarship (6)
- Akron Law Faculty Publications (5)
- Touro Law Review (5)
- All Faculty Scholarship (3)
- Articles (2)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Elizabeth A Rowe (2)
- Loyola of Los Angeles Entertainment Law Review (2)
- Lyrissa Barnett Lidsky (2)
- Publications (2)
- Adam A Marshall (1)
- Adam Thierer (1)
- Articles by Maurer Faculty (1)
- Conor Francis Linehan (1)
- David Barnhizer (1)
- Faculty Publications (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Fordham Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Indiana Law Journal (1)
- Ira Steven Nathenson (1)
- Kentucky Law Journal (1)
- Laura Quilter (1)
- Laurie B. Serafino (1)
- Law Faculty Scholarly Articles (1)
- Luis González Vaqué (1)
- Michigan Law Review (1)
- Michigan Telecommunications & Technology Law Review (1)
- Seattle University Law Review (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- Publication Type
Articles 1 - 30 of 58
Full-Text Articles in Law
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
Cookie Monster: Balancing Internet Privacy With Commerce, Technology And Terrorism, Nichoel Forrett
Touro Law Review
No abstract provided.
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
Touro Law Review
No abstract provided.
Incendiary Speech And Social Media, Lyrissa Barnett Lidsky
Incendiary Speech And Social Media, Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Elizabeth A Rowe
This foreword to the first issue of 2009 for the Journal of Technology Law and Policy discusses the questions presented by the merger of technology and intellectual property and considers how best the two areas should co-exist.
Saving Trade Secret Disclosures On The Internet Through Sequential Preservation, Elizabeth A. Rowe
Saving Trade Secret Disclosures On The Internet Through Sequential Preservation, Elizabeth A. Rowe
Elizabeth A Rowe
When an employee discloses an employer's trade secrets to the public over the Internet, does our current trade secret framework appropriately address the consequences of that disclosure? What ought to be the rule that governs whether the trade secret owner has lost not only the protection status for the secret, but also any remedies against use by third parties? Should the ease with which the Internet permits instant and mass disclosure of secrets be taken into consideration in assessing the fairness of a rule that calls for immediate loss of the trade secret upon disclosure? Given that trade secret law …
Recent Journalism Awards Won By "Old," "New," And "Hybrid" Media, Robert H. Lande, Thomas J. Horton, Virginia Callahan
Recent Journalism Awards Won By "Old," "New," And "Hybrid" Media, Robert H. Lande, Thomas J. Horton, Virginia Callahan
All Faculty Scholarship
This compares the quality of the "old" media to that of the "new" media by determining how often each type of media source wins major journalism awards. It divides media sources into three categories: old, new and hybrid. New media is limited to publications that were started purely as online news publications. Old media is classified in the traditional sense to include such newspapers as the New York Times. Hybrid media combines elements of both new and old media. Our research compares the number of Pulitzer Prizes and other major journalism awards won by these three types of media sources …
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer
Adam Thierer
This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate …
The Internet Of Things: Building Trust And Maximizing Benefits Through Consumer Control, Julie Brill
The Internet Of Things: Building Trust And Maximizing Benefits Through Consumer Control, Julie Brill
Fordham Law Review
The Internet of Things is one of the fastest growing facets of a world that is becoming more data intensive. Connecting cars, appliances, and even clothing to the internet promises to deliver convenience, safety, and, through analysis of the torrent of additional data generated, potential solutions to some of our most intractable problems. But turning on this data flood also creates privacy and security risks for consumers, challenging us to consider how to apply basic privacy principles to the Internet of Things. A wide range of stakeholders—technologists, lawyers, industry leaders, and others—has a role to play in meeting this challenge.
'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino
'I Know My Rights, You Go'n Need A Warrant For That:' The Fourth Amendment, Riley's Impact, And Warrantless Searches Of Third-Party Clouds, Laurie Buchan Serafino
Laurie B. Serafino
Scholars have frequently suggested that the Fourth Amendment ought to be applied with varying degrees of rigor depending on the seriousness of the crime investigated. Courts have largely rejected such an offense-specific approach to constitutional protections, but have demonstrated deference to the Executive Branch in matters of national security in other contexts. The particularly heightened concern raised by the threat of terrorism suggests that, at least in the context of these most serious of cases, courts ought to engage in some form of balance that recognizes the uniquely strong government interest. Such an approach, however, has to recognize that the …
Countering Hate On The Internet, Raphael Cohen-Almagor
Countering Hate On The Internet, Raphael Cohen-Almagor
raphael cohen-almagor
Hate speech is designed to threaten certain groups publicly and act as propaganda for offline organizations. Hate groups use websites to share ideology and propaganda, to link to similar sites and to recruit new converts, advocate violence and to threat others. The aim of this paper is to analyse the ways hate mongers are utilizing the Internet, and to ask what can be done to counter their activities. The paper discusses the targets of hate on the Internet and offers practical proposals to address this increasing problem and fight against it.
Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale
Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale
Faculty Scholarship
Hidden algorithms drive decisions at major Silicon Valley and Wall Street firms. Thanks to automation, those firms can approve credit, rank websites, and make myriad other decisions instantaneously. But what are the costs of their methods? And what exactly are they doing with their digital profiles of us?
Leaks, whistleblowers, and legal disputes have shed new light on corporate surveillance and the automated judgments it enables. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only …
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Akron Law Faculty Publications
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton
“We, The Paparazzi”: Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton
Akron Law Faculty Publications
In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation – the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming …
Law Of The Intermediated Information Exchange, Jacqueline D. Lipton
Law Of The Intermediated Information Exchange, Jacqueline D. Lipton
Akron Law Faculty Publications
When Wikipedia, Google and other online service providers staged a ‘blackout protest’ against the Stop Online Piracy Act in January 2012, their actions inadvertently emphasized a fundamental truth that is often missed about the nature of cyberlaw. In attempts to address what is unique about the field, commentators have failed to appreciate that the field could – and should – be reconceputalized as a law of the global intermediated information exchange. Such a conception would provide a set of organizing principles that are lacking in existing scholarship. Nothing happens online that does not involve one or more intermediaries – the …
Copyrighting "Twilight": Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Copyrighting "Twilight": Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Akron Law Faculty Publications
In January of 2010 a United States District Court granted an injunction against a Twilight fan magazine for unauthorized use of copyrighted publicity stills . No surprise there. Intellectual property laws deal effectively – some would argue too effectively – with such cases. Nevertheless, recent Web 2.0 technologies, characterized by user-generated content, raise new challenges for copyright law. Online interactions involving reproductions of copyrighted works in blogs, online fan fiction, and online social networks do not comfortably fit existing copyright paradigms. It is unclear whether participants in Web 2.0 forums are creating derivative works, making legitimate fair uses of copyright …
Combating Cyber-Victimization, Jacqueline D. Lipton
Combating Cyber-Victimization, Jacqueline D. Lipton
Akron Law Faculty Publications
In today’s interconnected society, high profile examples of online victimization abound. Cyber-bullies, stalkers and harassers launch attacks on the less powerful, causing a variety of harms. Recent scholarship has identified some of the more salient damage, including reputational harms, severe emotional distress, loss of employment, and physical assault. Extreme cases of online abuse have resulted in death through suicide or as a result of targeted attacks. This article makes two major contributions to the cyber-victimization literature. It proposes specific reforms to criminal and tort laws to address this conduct more effectively. Further, it situates those reforms within a new multi-modal …
The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant
The Bias Of Neutrality: An Examination Of A Congressman's Motivations On The Issue Of Network Neutrality, Harrison Beau Bryant
e-Research: A Journal of Undergraduate Work
The United States Congress is an institution that, especially in recent times, is continuously faced with more modern and complex problems. The political dilemma surrounding the issue of network neutrality is a perfect example of a highly complex and technical problem that members of Congress have been forced to think about and act on. Because use of the Internet has now been almost entirely integrated into American society, with nearly 80% of the U.S. population connected in one way or another, the Internet's priority as a subject of legislation has seen a meteoric rise in Congress (data.worldbank.org; opencongress.org). In fact, …
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
Fcc Commenting Workshop, Laura Quilter
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Trial By Google: Judicial Notice In The Information Age, Jeffrey Bellin, Andrew Guthrie Ferguson
Faculty Publications
This Article presents a theory of judicial notice for the information age. It argues that the ease of accessing factual data on the Internet allows judges and litigants to expand the use of judicial notice in ways that raise significant concerns about admissibility, reliability, and fair process. State and federal courts are already applying the surprisingly pliant judicial notice rules to bring websites ranging from Google Maps to Wikipedia into the courtroom, and these decisions will only increase in frequency in coming years. This rapidly emerging judicial phenomenon is notable for its ad hoc and conclusory nature—attributes that have the …
The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava
The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava
Touro Law Review
No abstract provided.
How Much Spam Can Can-Spam Can?: Evaluating The Effectiveness Of The Can-Spam Act In The Wake Of White Buffalo Ventures V. University Of Texas, Fay Katayama
Touro Law Review
No abstract provided.
U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo
U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo
All Faculty Scholarship
As the Internet becomes more important to the everyday lives of people around the world, commentators have tried to identify the best policies increasing the deployment and adoption of high-speed broadband technologies. Some claim that the European model of service-based competition, induced by telephone-style regulation, has outperformed the facilities-based competition underlying the US approach to promoting broadband deployment. The mapping studies conducted by the US and the EU for 2011 and 2012 reveal that the US led the EU in many broadband metrics.
• High-Speed Access: A far greater percentage of US households had access to Next Generation Access (NGA) …
Tesla And The Car Dealers' Lobby, Daniel A. Crane
Tesla And The Car Dealers' Lobby, Daniel A. Crane
Articles
Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers …
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Technology And Client Communications: Preparing Law Students And New Lawyers To Make Choices That Comply With The Ethical Duties Of Confidentiality, Competence, And Communication, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That the use of technology has radically changed the legal profession is beyond dispute. Through technology, lawyers can now represent clients in faraway states and countries, and they can represent even local clients through a “virtual law office.” Gone are the times in which the lawyer’s choices for communicating with clients primarily involve preparing formal business letters to convey advice, holding in-person client meetings in the office, or conducting telephone calls with clients on landlines from the confines of the lawyer’s office. Not only do lawyers have choices about how to communicate with their clients, but they also frequently choose …
Reviving Implied Confidentiality, Woodrow Hartzog
Reviving Implied Confidentiality, Woodrow Hartzog
Indiana Law Journal
The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.
Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …
How Should The Past Inform The Future? Reviewing Regulating Internet Gaming: Challenges And Opportunities, Keith C. Miller
How Should The Past Inform The Future? Reviewing Regulating Internet Gaming: Challenges And Opportunities, Keith C. Miller
UNLV Gaming Law Journal
No abstract provided.
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
Technology Drives The Law: A Foreword To Trends And Issues In Techology & The Law, Ralph D. Clifford
University of Massachusetts Law Review
Technology has always been a motivating force of change in the law. The creation of new machines and development of novel methods of achieving goals force the law to adapt with new and responsive rules. This is particularly true whenever a new technology transforms society. Whether it is increasing industrialization or computerization, pre-existing legal concepts rarely survive the transition unaltered - new prescriptions are announced while old ones disappear.
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs
Touro Law Review
No abstract provided.