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Full-Text Articles in Law

Cyber Deterrence, Eric Talbot Jensen Dec 2012

Cyber Deterrence, Eric Talbot Jensen

Faculty Scholarship

Cyber operations by both state actors and non-state actors are increasing in frequency and severity. As nations struggle to defend their networks and infrastructure, their ability to apply the principles of deterrence to cyber activities correspondingly increases in importance. Cyber deterrence offers much more flexibility and increased options from traditional deterrence methodologies developed in the Cold War’s nuclear age. In addition to traditional retaliation, cyber deterrence includes options such as taking legal action; and making networks invisible, resilient, and interdependent. It also presents new ways to view and apply accepted methodologies such as invulnerability. As the U.S. continues ...


Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther May 2012

Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther

BYU Law Review

No abstract provided.


Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen May 2012

Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen

BYU Law Review

No abstract provided.


Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo Mar 2012

Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann Mar 2012

Unwrapping Shrinkwraps, Clickwraps, And Browsewraps: How The Law Went Wrong From Horse Traders To The Law Of The Horse, Cheryl B. Preston, Eli W. Mccann

Brigham Young University Journal of Public Law

This Article starts with the famous "horse trades" (typically between A and B and for 10£) from early discussions of contract law, and proceeds through Judge Burrough's enduring "unruly horse" and Karl Llewellyn's Across Sales on Horseback and The First Struggle to Unhorse Wares, to provide background for a critique of the recent judicial liberality in enforcing online contracts. We then focus on role of Judge Frank Easterbrook, who has personally insulted the place of the horse in law, and his infamous opinion in ProCD v. Zeidenberg. This case fueled the enforcement of clickwrap and browsewrap contracts by ...


(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther Mar 2012

(Un)Reasonable Expectation Of Digital Privacy, Brandon T. Crowther

BYU Law Review

No abstract provided.