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Full-Text Articles in Law
Juridical Discourse For Platforms, Thomas E. Kadri
Juridical Discourse For Platforms, Thomas E. Kadri
Scholarly Works
Facebook founder Mark Zuckerberg has created a private “Supreme Court,” or so he says. Since 2021, his company’s Oversight Board has issued verdicts on a smattering of Facebook’s decisions about online speech. Cynics frame the Board as a Potemkin village, but defenders invoke analogies to separation of powers to claim that this new body empowers the public and restrains the company. Some are even calling for a single “platform supreme court” to rule over the entire industry.
Juridical discourse for platforms is powerful, but it can also be deceptive. This Response explores how juridical discourse has legitimized and empowered Facebook’s …
“The Virus Of Liberty”: John Perry Barlow, Internet Law, And Grateful Dead Studies, Joseph A. Tomain
“The Virus Of Liberty”: John Perry Barlow, Internet Law, And Grateful Dead Studies, Joseph A. Tomain
Articles by Maurer Faculty
In 2019, the Duke Law and Technology Review published a special issue titled, "The Past and Future of the Internet: A Symposium for John Perry Barlow." This essay examines the legal scholarship in the Barlow symposium and frames it in the interdisciplinary terms of Grateful Dead studies. Part I focuses on the two Barlow essays that formed the basis of the symposium. Part II connects issues raised by the Barlow symposium to Grateful Dead studies. The essay concludes that Barlow's legacy should inspire others to engage both the cultural and political paths with “groundless hope,” because protecting the “inexplicable pleasures …
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
Faculty Scholarship
For more than four decades, the third-party doctrine was understood as a bright-line, categorical rule: there is no legitimate privacy interest in any data that is voluntarily disclosed or conveyed to a third party. But this simple rule has dramatic effects in a world of ubiquitous networked computing, mobile technologies, and the commodification of information. The digital devices that facilitate our daily participation in modern society are connected through automated infrastructures that are designed to generate vast quantities of data, nearly all of which is captured, utilized, and stored by third-party service providers. Under a plain reading of the third-party …
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Neel U. Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Neel U. Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz
Georgetown Law Faculty Publications and Other Works
The International Intellectual Property Commercialization Council (“IIPCC”) presented its third annual policy conference at the United States Capitol on May 6, 2019. The conference’s theme explored the question of “what is the state of innovation in the United States?” Panelists included The Honorable Andrei Iancu – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Dr. Carl J. Schramm – University Professor, Syracuse University and Former President of the Ewing Marion Kauffman Foundation; Mr. Patrick Kilbride – Senior Vice President of the Global Innovation Policy Center (“GIPC”) at the U.S. Chamber of …
A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg
A United States Perspective On Digital Single Market Directive Art. 17, Jane C. Ginsburg
Faculty Scholarship
To a US appraiser, article 17 of the Digital Single Market Directive suggests the EU has learned from American mistakes (and from its own) in the allocation of internet intermediaries’ liability for hosting and communicating user-posted content. Before the DSM Directive, art. 14 of the 2000 eCommerce Directive set out a notice-and-takedown system very similar to the regime provided in 17 U.S.C. section 512(c). Both regimes replaced the normal copyright default, which requires authorization to exploit works, with a limitation on the liability of service providers who complied with statutory prerequisites. Because the limitation ensured that service providers would not …
Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy
Hybrid Transactions And The Internet Of Things: Goods, Services, Or Software?, Stacy-Ann Elvy
Articles & Chapters
The Internet of Things (IOT) has been described by the American Bar Association as "one of the fastest emerging," potentially most "transformative and disruptive technological developments" in recent years. Thesecurity risks posed by the IOT are immense and Article 2 of the UCC should play a central role in determinations regarding liability for vulnerable IOT products. However, the lack of explicit clarity in the UCC on how to evaluate Article 2's applicability to hybrid transactions that involve the provision of goods, services, and software has led to conflicting case law on this issue, which contradicts the UCC's stated goals of …
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 …
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
Digital Originality, Edward Lee
Digital Originality, Edward Lee
All Faculty Scholarship
This Article examines the doctrine of originality in U.S. copyright law and proposes a reconfigured, three-part test that can better analyze issues of first impression involving works created with new digital technologies. The proposed test, encapsulated by the concept of digital originality, provides much needed guidance to courts to address the increasing complexities of digital creations in the twenty-first century.
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
All Faculty Scholarship
This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney
Articles, Book Chapters, & Popular Press
Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill …
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon Penney
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon Penney
Articles, Book Chapters, & Popular Press
Freedom, liberty, and autonomy are the ideals mainly associated with Internet's first generation of thinkers, writers and "netizens," those who helped forge the Internet and the early technological and intellectual foundations of the idea of “cyberspace.” These ideas were, says Lawrence Lessig, the “founding values of the Net” and inspired an entire generation of scholarship focused on preserving the free and open nature of the Internet’s culture and architecture. But what has anyone to say about equality? Few, if any, Internet scholars today focus on equality as a similar value to be promoted or achieved. Returning to some of the …
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
New First Principles? Assessing The Internet’S Challenges To Jurisdiction, Teresa Scassa, Robert Currie
Articles, Book Chapters, & Popular Press
The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state jurisdiction over Internet activities as “extraterritorial.” This article examines these challenges in the context of the overall international law of jurisdiction, rather than focusing on …
‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik
‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik
Research Collection Yong Pung How School Of Law
The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable …
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee
Remixing Lessig (Reviewing Lawrence Lessig, Remix (2008)), Edward Lee
All Faculty Scholarship
This book review analyzes - and remixes - Lawrence Lessig's last copyright-related book, "Remix." It takes the central ideas, including some quotations, from Remix, and transforms them with some new examples and commentary of my own. Part I summarizes and critiques Lessig’s discussion of (1) the remix and read-write (RW) culture, and (2) its relationship to the sharing, commercial, and hybrid economies. Part II discusses some of Lessig’s reform proposals for our copyright system to foster a remix culture.
'Canada' In Electronic Evidence, Steve Coughlan
'Canada' In Electronic Evidence, Steve Coughlan
Articles, Book Chapters, & Popular Press
Canada is a bilingual and bi-jurisdictional country. Most provinces and territories are mainly English speaking and have common law as the basis for their legal system. The exception is the province of Quebec which is governed by civil law and where the majority speaks French. However, it must be noted that Quebec civil law has been substantially affected by common law, in particular with respect to discovery rules. The latter are closer to common law discovery rules than they are from, for instance, French civil law. Another important factor for the review of the management of digital evidence in Canada …
'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik
'Customary Internet-Ional Law': Creating A Body Of Customary Law For Cyberspace. Part 1: Developing Rules For Transitioning Custom Into Law, Warren B. Chik
Research Collection Yong Pung How School Of Law
The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and …
Understanding The New Virtualist Paradigm, Jonathon Penney
Understanding The New Virtualist Paradigm, Jonathon Penney
Articles, Book Chapters, & Popular Press
This article discusses the central ideas within an emerging body of cyberlaw scholarship I have elsewhere called the "New Virtualism". We now know that the original "virtualists"- those first generation cyberlaw scholars who believed virtual worlds and spaces were immune to corporate and state control - were wrong; these days, such state and corporate interests are ubiquitous in cyberspace and the Internet. But is this it? Is there not anything else we can learn about cyberlaw from the virtualists and their utopian dreams? I think so. In fact, the New Virtualist paradigm of cyberlaw scholarship draws on the insights of …
Privacy And The New Virtualism, Jonathon Penney
Privacy And The New Virtualism, Jonathon Penney
Articles, Book Chapters, & Popular Press
First generation cyberlaw scholars were deeply influenced by the uniqueness of cyberspace, and believed its technology and scope meant it could not be controlled by any government. Few still ascribe to this utopian vision. However, there is now a growing body of second generation cyberlaw scholarship that speaks not only to the differential character of cyberspace, but also analyzes legal norms within virtual spaces while drawing connections to our experience in real space. I call this the New Virtualism. Situated within this emerging scholarship, this article offers a new approach to privacy in virtual spaces by drawing on what Orin …
Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.
Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.
Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr.
The 1% Solution: American Judges Must Enter The Internet Age (With Ronald W. Staudt), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.
International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
The Internet Is Changing International Law, Henry H. Perritt Jr.
The Internet Is Changing International Law, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.
Cyberspace Self-Government: Town-Hall Democracy Or Rediscovered Royalism?, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Mapping The Information Superhighway, Henry H. Perritt Jr.
Mapping The Information Superhighway, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt Jr.
Legal And Technological Infrastructures For Electronic Payment Systems, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Jurisdiction In Cyberspace, Henry H. Perritt Jr.
Jurisdiction In Cyberspace, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.