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Freedom And Affordances Of The Net, Christoph B. Graber Jan 2018

Freedom And Affordances Of The Net, Christoph B. Graber

Washington University Jurisprudence Review

This Article is about the relationship between technology and society in fundamental rights theory. So far, the discussion about law and technology has generally been one-directional within the most relevant branches of the social sciences; scholars of the law have been treating technology as a black box when conducting their analyses or developing their theories. In turn, science and technology studies have considered law and regulation as a closed book, which is unsatisfactory as well. Reductionist and compartmentalized theorizing is particularly problematic when it comes to conceiving a fundamental rights theory that is able to cope with challenges of the ...


Undeniably Difficult: Extradition And Genocide Denial Laws, Dylan Fotiadis Jan 2018

Undeniably Difficult: Extradition And Genocide Denial Laws, Dylan Fotiadis

Washington University Global Studies Law Review

Genocide denial, increasingly common in the cyber world, is outlawed in several nations globally in an effort to suppress bigotry and harmful historical revisionism. Genocide denial is legal, however, in the United States, Canada, and the United Kingdom. Therefore, a legal conflict arises when a defendant facing genocide denial charges in one nation flees to or resides in a non-prosecuting nation: should respect for free speech or diplomacy prevail? Little material has been written on this matter, but with the rise of the internet as an anonymous means of communication, it is likely that this scenario will be increasingly common ...


Post-Digital Era Reconciliation Between United States And European Union Privacy Law Enforcement, Nidhi Narielwala Jan 2018

Post-Digital Era Reconciliation Between United States And European Union Privacy Law Enforcement, Nidhi Narielwala

Washington University Global Studies Law Review

Post-internet technology, unlike any other global industry, has eroded the legal and political boundaries that separate countries. Companies are able to request, access, and send information across borders in the blink of an eye, unbound by a properly protective legal framework, which is lagging behind. Additionally, consumers are relying on technology more than ever, trusting companies with their highly sensitive personal information on a daily basis. A global privacy enforcement framework that properly protects consumers and their personal information is crucial to ensure privacy and safety to consumers in a world moving towards greater internet dependence. While the United States ...


Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley Jan 2018

Shielding Children From Pornography By Incentivizing Private Choice, Karen Hinkley

Washington University Law Review

In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle has been fought and won . . . . You’re now one click away from every sex act imaginable for free. And so it’s just passé at this juncture.” In stark contrast to the world of past generations, “[n]ow every teenage boy has an Internet-connected phone . . . . Pornographic magazines, even those as storied as Playboy, have lost their shock value, their commercial value and their cultural relevance.”

One consequence of modern technological advancements is that online pornography ...


Intelligence-Sharing Agreements & International Data Protection: Avoiding A Global Surveillance State, Rachel C. Taylor Jan 2018

Intelligence-Sharing Agreements & International Data Protection: Avoiding A Global Surveillance State, Rachel C. Taylor

Washington University Global Studies Law Review

International threats to national security have resulted in a coordinated response among states to protect their citizens, but in a post-Snowden world, are states also protecting the data integrity of its citizens? Intelligence-sharing agreements’ opacity undermine public trust given the revelations of unchecked government surveillance that emerged in 2013. The Five Eyes agreement, perhaps the most famous and fundamental promise amongst US allies, remains shrouded in mystery despite the public demand for less intrusive and more translucent government surveillance practices. This agreement and those which mirror it evade the few domestic safeguards that serve to ensure democratic surveillance. Taking a ...


Section Eight, Pipeda, And The Problem Of Shifting Norms: A Case For A Contract Model Of Data Privacy, John D. Perry Jan 2017

Section Eight, Pipeda, And The Problem Of Shifting Norms: A Case For A Contract Model Of Data Privacy, John D. Perry

Washington University Global Studies Law Review

No abstract provided.


The Emoji That Cost $20,000: Triggering Liability For Defamation On Social Media, Nicole Pelletier Jan 2016

The Emoji That Cost $20,000: Triggering Liability For Defamation On Social Media, Nicole Pelletier

Washington University Journal of Law & Policy

This Note addresses the history of social media law in the U.S. legal system within the context of defamation claims and legislative acts to immunize social media websites. Using a British court’s finding of liability based on a tweeted emoji, Pelletier analyzes whether an emoji could trigger liability in the United States and juxtaposes the potential for individual user liability based on an emoji with the immunization granted to social media websites. Pelletier proposes new federal legislation that will place responsibility on social websites to notify users of potential liability arising from social media use.


Social Innovation, Peter Lee Jan 2014

Social Innovation, Peter Lee

Washington University Law Review

This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance, and strategies to reduce hospital-based infections greatly enhance social welfare yet operate completely outside of the patent system, the primary legal mechanism for promoting innovation. This Article draws on empirical studies to elucidate this significant kind of innovation and explore its divergence from the classic model of technological innovation championed by the patent system. In so doing, it illustrates how patent law exhibits a rather crabbed, particularistic conception of innovation. Among other characteristics, innovation in the ...


The Tor Network: A Global Inquiry Into The Legal Status Of Anonymity Networks, Keith D. Watson Jan 2012

The Tor Network: A Global Inquiry Into The Legal Status Of Anonymity Networks, Keith D. Watson

Washington University Global Studies Law Review

This Note seeks to provide an overview of the Tor anonymity network and its legal status under several different regimes of Internet control explores its treatment in four countries. Part II discusses Tor generally. Part III explores the treatment of Tor in the countries of the United States, China, Saudi Arabia, and the United Arab Emirates. This discussion offers illuminating case studies on the issues that Tor faces. Part IV analyzes the internet kill switch and U.S. law, including considerations of how other countries monitor the Internet as described in the previous parts. In Part V, the Note concludes.


Cyber Risk: How The 2011 Sony Data Breach And The Need For Cyber Risk Insurance Policies Should Direct The Federal Response To Rising Data Breaches, Lance Bonner Jan 2012

Cyber Risk: How The 2011 Sony Data Breach And The Need For Cyber Risk Insurance Policies Should Direct The Federal Response To Rising Data Breaches, Lance Bonner

Washington University Journal of Law & Policy

In 2011, a number of high profile data breaches made national news. Companies such as Epsilon Data Management and Nasdaq experienced data breaches that posed serious risks to their business operations. Total data loss incidents numbered in the hundreds, and multiple incidents involved millions of records.

Of all the data breaches in 2011, the string of data breaches that plagued Sony Corporation were arguably the most high profile. Sony made headlines for breaches of its Playstation Network and Qiocity services in April as hackers accessed Sony‘s clients‘ personal information.

As news spread of the mounting data breaches hitting Sony ...


Cybersecurity And Executive Power, David W. Opderbeck Jan 2012

Cybersecurity And Executive Power, David W. Opderbeck

Washington University Law Review

This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national emergency. The threats posed by cybercrime, cyberwarfare, and cyberterrorism are significant. It is imperative that national governments and international policymakers develop defenses and contingency plans for such attacks. At the same time, the threats to civil liberties posed by current legislative cybersecurity proposals are equally real. Executive power to disrupt Internet access in the name of security can become as potent a weapon against democracy as a hacker’s attempt to take down the power grid ...


Icann's Escape From Antitrust Liability, Justin T. Lepp Jan 2012

Icann's Escape From Antitrust Liability, Justin T. Lepp

Washington University Law Review

No abstract provided.


Criminal Liability For Internet Culprits: The Need For Updated State Laws Covering The Full Spectrum Of Cyber Victimization, Kate E. Schwartz Jan 2009

Criminal Liability For Internet Culprits: The Need For Updated State Laws Covering The Full Spectrum Of Cyber Victimization, Kate E. Schwartz

Washington University Law Review

No abstract provided.


A Schrödinger's Onion Approach To The Problem Of Secure Internet Communications, Joshua A. Altman Jan 2008

A Schrödinger's Onion Approach To The Problem Of Secure Internet Communications, Joshua A. Altman

Washington University Global Studies Law Review

The laws governing privacy in electronic communications have developed as a statutory response to a problem of constitutional magnitude. Congress enacted the Electronic Communications Privacy Act of 1986 (ECPA)(FN1) to extend constitutional norms to emerging contexts. Congress did so after the absence of such statutes caused confusion and uncertainty, obviated post hoc decision-making by the courts, and chilled rights. The age of the Internet has transformed our social conditions respecting the freedoms of speech and privacy, as well as our public needs respecting security. But the ECPA has not been amended to be Internet regarding. Those modifications which have ...


Voip: Regulating The Future, Mustafa Haque Jan 2007

Voip: Regulating The Future, Mustafa Haque

Washington University Global Studies Law Review

No abstract provided.


Does Ukraine Need A Comprehensive Statute To “Control” Private Data Controllers?, Olena Dmytrenko, Cara D. Cutler Jan 2006

Does Ukraine Need A Comprehensive Statute To “Control” Private Data Controllers?, Olena Dmytrenko, Cara D. Cutler

Washington University Global Studies Law Review

This Article considers whether a European Union model of data protection, predominately in the form of a comprehensive statute, or a U.S. model of data protection, favoring industry self-regulation enhanced by sectoral legislation, would be best for Ukraine. This Article argues that a comprehensive statute may fit more easily into Ukraine's civil law culture and may prove to be a requirement necessary for the country to obtain its goal of accession to the European Union. However, until Ukraine builds a strong democratic legacy, a rapid transplant of the European Union-style comprehensive statute may be detrimental to nurturing nascent ...


Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris Jan 2006

Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris

Washington University Law Review

No abstract provided.


Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds Jan 2006

Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds

Washington University Law Review

People have been talking about libel and bloggers since the blogosphere was new, but the big news at this point is that, so far at least, there’s more talk than action—despite the millions of blogs, and probable billions of blog entries to date, there haven’t really been any major blogrelated libel cases, and the number in total is quite small. People are still talking about Blumenthal v. Drudge, a case that predates the blogosphere, when they talk about blogs and libel, and no major new case has emerged to take its place. The absence of a major ...


Anonymous Bloggers And Defamation: Balancing Interests On The Internet, S. Elizabeth Malloy Jan 2006

Anonymous Bloggers And Defamation: Balancing Interests On The Internet, S. Elizabeth Malloy

Washington University Law Review

As more and more people create personal websites and blogs, courts are more frequently asked to rule on questions related to the Internet boom. Specifically, an issue has arisen concerning what standard to apply in defamation suits brought against anonymous bloggers.9 Courts have wrestled with producing an appropriate standard for revealing the identity of an anonymous blogger who posts allegedly defamatory material on a message board or website. Recently, in Doe v. Cahill, the Delaware Supreme Court created a strict standard that makes it extremely difficult for defamation victims to bring suit against anonymous bloggers. The standard created is ...


A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove Jan 2006

A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove

Washington University Law Review

It is true that existing law lacks nimble ways to resolve disputes about speech and privacy on the Internet. Lawsuits are costly to litigate, and being sued can saddle a blogger with massive expenses. Bloggers often don’t have deep pockets, and therefore it might be difficult for plaintiffs to find lawyers willing to take their cases. Lawsuits can take years to resolve. People seeking to protect their privacy must risk further publicity in bringing suit. These are certainly serious problems, but the solution shouldn’t be to insulate bloggers from the law. The solution is to create a system ...


Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton Jan 2006

Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton

Washington University Law Review

The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in ...


Co-Blogging Law, Eric Goldman Jan 2006

Co-Blogging Law, Eric Goldman

Washington University Law Review

Bloggers often work collaboratively with other bloggers, a phenomenon I call “co-blogging.” The decision to co-blog may seem casual, but it can have significant and unexpected legal consequences for the co-bloggers. This Article looks at some of these consequences under partnership law, employment law, and copyright law and explains how each of these legal doctrines can lead to counterintuitive results. The Article then discusses some recommendations to mitigate the harshness of these results.


Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck Jan 2005

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck

Washington University Law Review

Trust is the foundation of society for without trust, we cannot cooperate. Trust, in turn, depends upon secure, reliable, and persistent identity. Cyberspace is thought to challenge our ability to build trust because the medium undermines the connection between online pseudonym and offline identity. We have no assurances of who stands behind an online avatar; it may be one person, it may be more, it may be a computer. The legal debate to date has focused exclusively on the question of how to maintain real world identity in cyberspace. But new “social software” technology that enables communities from eBay to ...


The Legal Status And Responsibilities Of Private Internet Users Under The Law Of Armed Conflict: A Primer For The Unwary On The Shape Of Law To Come, Michael H. Hoffman Jan 2003

The Legal Status And Responsibilities Of Private Internet Users Under The Law Of Armed Conflict: A Primer For The Unwary On The Shape Of Law To Come, Michael H. Hoffman

Washington University Global Studies Law Review

This Essay is speculative in the sense that the law of armed conflict has not yet been extended to cover warfare waged over the World Wide Web. Therefore, potential risks posed for private-citizen users of the Internet are based on an extrapolation from existing principles of the law of armed conflict. It is, however, a modest extrapolation. Private-citizen Internet users who want to protect themselves in the cyber-realm will be well served to assume that the line of thinking presented in this Essay reflects the shape of law to come.


Google This: Search Engine Results Weave A Web For Trademark Infringement Actions On The Internet, Heidi S. Padawer Jan 2003

Google This: Search Engine Results Weave A Web For Trademark Infringement Actions On The Internet, Heidi S. Padawer

Washington University Law Review

No abstract provided.


Obscenity Laws In A Paternalistic Country: The Korean Experience, Jaewan Moon Jan 2003

Obscenity Laws In A Paternalistic Country: The Korean Experience, Jaewan Moon

Washington University Global Studies Law Review

This Article examines the development of obscenity laws, the rationale behind governmental regulation of sexual expression in the light of freedom of speech, and the cultural context for these regulations in Korea compared to those of the United States. Finally, this Article addresses the impact that the Internet will have on sexual expression. The Internet has exposed the internal conflict Koreans have regarding pornography. The fact that Koreans are among the heaviest users of Internet could circumstantially be connected to the results of the Time survey.


Trespass To Chattels In The Age Of The Internet, R. Clifton Merrell Jan 2002

Trespass To Chattels In The Age Of The Internet, R. Clifton Merrell

Washington University Law Review

No abstract provided.


Your Money Or Your Speech: The Children’S Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley Jan 2002

Your Money Or Your Speech: The Children’S Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley

Washington University Law Review

CIPA is, in fact, one of the most sweeping restrictions on constitutionally protected speech ever invoked by the United States government disingenuously presented as an uncontroversial funding decision. By mandating the use of technology that cannot effectively eliminate obscenity and child pornography without compromising a great deal of protected speech, and by attempting to achieve indirectly content restrictions that the courts have held Congress cannot accomplish through direct statutory proscriptions, CIPA offends the First Amendment as surely as any prior failed attempt by the legislature to restrict Internet speech.


Surfing The Net Safely And Smoothly: A New Standard For Protecting Personal Information From Harmful And Discriminatory Waves, Tammy Renée Daub Jan 2001

Surfing The Net Safely And Smoothly: A New Standard For Protecting Personal Information From Harmful And Discriminatory Waves, Tammy Renée Daub

Washington University Law Review

No abstract provided.


Fool Us Once Shame On You—Fool Us Twice Shame On Us: What We Can Learn From The Privatizations Of The Internet Backbone Network And The Domain Name System, Jay P. Kesan, Rajiv C. Shah Jan 2001

Fool Us Once Shame On You—Fool Us Twice Shame On Us: What We Can Learn From The Privatizations Of The Internet Backbone Network And The Domain Name System, Jay P. Kesan, Rajiv C. Shah

Washington University Law Review

One goal of this Article is to describe and document the privatization processes for the backbone network and the DNS. We initially assumed the privatization of the Internet consisted of a simple shift from a subsidized network to a competitive market for backbone services. However, we found the privatization process to be quite complex and problematic. Unfortunately, many of these same problems are reoccurring in the current privatization of the DNS. Our study found three categories of problems that occurred during the privatizations of the Internet’s backbone network and the DNS: procedural problems, problems with the management of competition ...