Law Commons^™

Protection Of Criminal Offences To Face New Ethical Legislation In Jordan And United Arab Emirates

UAEU Law Journal

It is said that 'honor' is the most precious of all things to human, and that without it the life itself becomes undignified especially for societies who give too much of a weight to this matter such as the Islamic Arabian societies.

The world has recently witnessed massive changes in the way of life that has produced a variety of new crimes and criminal techniques which gravely scratches the person's honor. These had specific adverse consequences on the Arabic societies, since this part of the world has become easily connected to the rest of the liberal countries within the concept …

The Application Of The Legal Framework Of The Commercial Shop On Electronic Ones A Comparative Legal Study, Dr. Rasha Hattab, Maha Khasawneh

UAEU Law Journal

The Internet has recently witnessed widespread usage to the extent that it has become one of the most important commercial distribution channels, and has, therefore, turned to be a phenomenon that cannot be ignored. Statistics show a growing number of Internet users shopping online at both local and international levels. Web sites are classified into two categories: informational, which aim at the exchange of information of different nature (cultural, media, advertisement, legal, administrative, recreational and commercial), and commercial websites which aim at trading across the electronic network. This research is concerned with studying these commercial Internet sites which can be …

The "Sovereignty" Of The State In Cyberspace, Mustafa Naouse

UAEU Law Journal

The principle of "Sovereignty" is no longer limited to the political dimensions as was the case in the last two centuries. A new technological dimension has been added to the already established original meaning. This is obvious through the states efforts to control their own distinctive domain names on the Internet. These names are assigned by ICANN[1]. It is a US (California) based international non-profit organization that controls distributing domain names on the Internet and the internet management processes. It can authorize entities to control their own domain names. It can even reassign or cancel the names of …

Formation And Development Of The Prosecutor's Supervision Over The Compliance Of Laws In Investigation Of Crimes In The Sphere Of Information Technologies, Atobek Ravshanovich Davronov, Atobek Davronov

ProAcademy

The rapid growth of information technologies naturally determines the interest of researchers in them from various fields of science. Law, including criminal law, is no exception. Currently: a separate branch of law is being formed - information law. Despite this, until now in science unified approaches to the analysis of information and legal phenomena have not been developed. The article analyzes the formation and development of prosecutorial supervision over the execution of laws in the investigation of crimes in the field of information technology, and also studied the process of the emergence of information technology as a type of crime …

Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Criminal Liability Of Internet Service Providers, Suppliers And Publishers: A Comparative Study (Jordan - United Arab Emirates, Ibrahim Suleiman Alqataunah, Mohamed Amin Al-Khersheh

UAEU Law Journal

The Internet is considered a rich virtual space for electronic crime when used illegally. For instance, the dissemination of information and data that is not legitimate, making it available to users of the internet through incitement to commit crimes, dissemination of films and pornographic images, and anything that could lead to sexual exploitation of children and people with special needs. In addition, dissemination of information and graphics can lead to compromising the freedom and the lives of private individuals, incitement to human trafficking or prostitution and debauchery, acts which consider to be the contrary of public morals, public safety, violation …

Internet Law, Taleb Hassan Musa, Omar Mahmoud Aamer

UAEU Law Journal

This paper aims to illustrate the basis of cyberspace law and its potential environment. Indeed, the laws governing the cyberspace are still premature at both national and international levels. This is due to the undefined nature of cyber borders that globalize the Internet in contradiction with the geographic borders. Hence, individual countries are losing part of their sovereignty as result of globalization of the internet to a point it is becoming a borderless space with no laws and regulations. This urges to agree on new international legislations to handle any acts that are not confined by geographical borders or any …

Online Onboarding Corporate Governance Training In The Covid-19, Seth C. Oranburg, Benjamin P. Kahn

Law Faculty Scholarship

[Excerpt] "Director onboarding is the process by which an organization facilitates a new director stepping into the role. It is a means by which an incoming director becomes familiar with their new surroundings, the organization, their fellow board members, and other organization leaders. As such, it is an inherently personal experience that has always necessitated face-to-face interaction, whether it takes place in the boardroom and adjacent offices, company retreats, or happy hours. Until 2020, tried-and-true onboarding methods functioned effectively, and there was no reason to reimagine the onboarding process as a potentially virtual procedure. Unfortunately, the novel coronavirus brought about …

Unite In Privacy Diversity: A Kaleidoscopic View Of Privacy Definitions, Bert-Jaap Koops, Masa Galic

South Carolina Law Review

No abstract provided.

Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.

FIU Law Review

No abstract provided.

The Fourth Amendment Limits Of Internet Content Preservation, Orin S. Kerr

Saint Louis University Law Journal

Every year, hundreds of thousands of Internet accounts are copied and set aside by Internet providers on behalf of federal and state law enforcement. This process, known as preservation, ordinarily occurs without particularized suspicion. Any government agent can request preservation of any account at any time. Federal law requires the provider to set aside a copy of the account just in case the government later develops probable cause and returns with a warrant needed to compel the account’s disclosure. The preservation process is largely secret. With rare exceptions, the account owner will never know the preservation occurred.

This Article argues …

Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro

Touro Law Review

No abstract provided.

¿Protesta Social Antidemocrática? Hacia Nuevas Formas De Participación Ciudadana A Través Del Internet En El Marco De Las Recientes Movilizaciones En Colombia, Natalia Beltrán Orjuela

American University International Law Review

No abstract provided.

The Covid-19 Pandemic And The Technology Trust Gap, Johanna Gunawan, David Choffnes, Woodrow Hartzog, Christo Wilson

Faculty Scholarship

Industry and government tried to use information technologies to respond to the COVID-19 pandemic, but using the internet as a tool for disease surveillance, public health messaging, and testing logistics turned out to be a disappointment. Why weren’t these efforts more effective? This Essay argues that industry and government efforts to leverage technology were doomed to fail because tech platforms have failed over the past few decades to make their tools trustworthy, and lawmakers have done little to hold these companies accountable. People cannot trust the interfaces they interact with, the devices they use, and the systems that power tech …

A Duty Of Loyalty For Privacy Law, Neil M. Richards, Woodrow Hartzog

Faculty Scholarship

Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of people has become a major element of the internet’s business model.

Academics and policymakers have recently proposed a possible solution: require those entrusted with people’s data and online experiences to be loyal to those who trust them. But many have concerns about a duty of loyalty. What, …

Free Speech In The Modern Age, Fordhamiplj@Gmail.Com

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Symmetry And (Network) Neutrality, Tejas N. Narechania

Michigan Law Review Online

In this short Essay, I take the opportunity to highlight one further potential asymmetry that may yet emerge from the Supreme Court’s application of Chevron’s many doctrines. Drawing on then-Judge Kavanaugh’s disdissental from the D.C. Circuit’s decision affirming network neutrality rules, I suggest that there is at least one vote on the Supreme Court—and perhaps more—for an asymmetric approach to the major questions doctrine. Moreover, I demonstrate how asymmetry in this context is deeply irrational. As applied to network neutrality, the asymmetry has at least one of two effects. One, it might simply favor one large industry over another, …

Inescapable Surveillance, Matthew Tokson

Utah Law Faculty Scholarship

Until recently, Supreme Court precedent dictated that a person waives their Fourth Amendment rights in information they disclose to another party. The Court reshaped this doctrine in Carpenter v. United States, establishing that the Fourth Amendment protects cell phone location data even though it is revealed to others. The Court emphasized that consumers had little choice but to disclose their data, because cell phone use is virtually inescapable in modern society.

In the wake of Carpenter, many scholars and lower courts have endorsed inescapability as an important factor for determining Fourth Amendment rights. Under this approach, surveillance that people cannot …

Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier

Dickinson Law Review (2017-Present)

In 2019, the European Parliament and Council passed Directive 2019/790. The Directive’s passage marked the end of a fouryear- long legislative attempt to impose more liability for copyright violations on Online Service Providers, an effort which was controversial from the start. Online Service Providers fear that the 2019 Directive, especially its Article 17, will completely change the structure of liability on the Internet, forcing providers to adopt expensive content filtering systems. Free speech advocates fear that ineffective filtering technology will infringe upon Internet users’ rights to express themselves, and legal scholars have pointed out the Directive’s inconsistency with prior European …

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon

St. John's Law Review

(Excerpt)

In early July 2017, Michelle Levine booked her first and only appointment with gynecologist Dr. Joon Song for an annual exam. Ms. Levine had a dissatisfying experience with the office. She claims that Dr. Song’s office did not follow up with her for almost a month, and that when she called to ask about the results of a blood test, Dr. Song’s staff falsely informed her that she tested positive for herpes. To top it off, Ms. Levine alleges that the office overcharged her. Following this experience, Ms. Levine did what many others do when dissatisfied with a product …

Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula

Duke Law & Technology Review

No abstract provided.

Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron

Michigan Law Review

Review of Nick Drnaso's Sabrina.

A Copy Of A Copy Of A Copy: Internet Mimesis And The Copyrightability Of Memes, Elena Elmerinda Scialabba

Duke Law & Technology Review

No abstract provided.

Internet Architecture And Disability, Blake Reid

Indiana Law Journal

The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …

Nouvelles Technologies Et Connaissances Abondantes : Enjeux Socio-Didactiques, Mohammed Al Khatib

BAU Journal - Society, Culture and Human Behavior

The use of new technologies in all areas of life becomes essential especially as a mean of communication. Social networks are important in the communication of individuals and establishments. Many departments, private and public establishments have an account on Facebook or Twitter which they use as an official mean of communication. As new technologies provide us with open and accessible means of communication that make our lives easier, some people use them in ways that can harm our society. Schools and families must play a role in teaching children to sort through digital information and check the credibility of the …

Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel

Duke Law & Technology Review

No abstract provided.

Rescuing Our Democracy By Rethinking New York Times Co. V. Sullivan, David A. Logan

Law Faculty Scholarship

No abstract provided.

Making Open Access Viable Economically, Andrew Hyde, Russell A. Miller, Emanuel V. Towfigh

Scholarly Articles

The Editors-in-Chief have decided that we will provide our much-cherished readers with an editorial every so often as a way of sharing insights from the “machine room” where so much of the thinking and work is done to publish the German Law Journal. We want to let you in on the ideas that are on our minds, share with you our observations, and include you in the conversations we are having that might be of interest to you. We begin this tradition with this issue, Volume 21 – Number 6. Andrew Hyde, a member of the editorial team with which …

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Danielle K. Citron, Mary Anne Franks

Faculty Scholarship

A robust public debate is currently underway about the responsibility of online platforms. We have long called for this discussion, but only recently has it been seriously taken up by legislators and the public. The debate begins with a basic question: should platforms should be responsible for user-generated content? If so, under what circumstances? What exactly would such responsibility look like? Under consideration is Section 230 of the Communications Decency Act—a provision originally designed to encourage tech companies to clean up “offensive” online content. The public discourse around Section 230, however, is riddled with misconceptions. As an initial matter, many …