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Articles 1 - 17 of 17
Full-Text Articles in Communications Law
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts
Brooklyn Law Review
Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Catholic University Journal of Law and Technology
No abstract provided.
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Catholic University Journal of Law and Technology
No abstract provided.
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Catholic University Journal of Law and Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
The Right To Attention, Jasper L. Tran
The Right To Attention, Jasper L. Tran
Indiana Law Journal
What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.
This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …
Smart Law For Smart Cities, Annie Decker
Smart Law For Smart Cities, Annie Decker
Fordham Urban Law Journal
No abstract provided.
Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law
Newsroom: Margulies On Apple V. Fbi Standoff 02-18-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer
What Common Law And Common Sense Teach Us About Corporate Cybersecurity, Stephanie Balitzer
University of Michigan Journal of Law Reform
This Note examines the challenges of corporate cyberdefense and suggests an approach to mitigate them. Part I outlines the background of the corporate cyberdefense quandary and various cyberdefense strategies. Part II explores the current landscape of cybersecurity law in the United States and the regulatory infrastructure that governs cybercrimes. Part II also surveys case law that illustrates the legal loopholes and ambiguities corporations face when implementing cybersecurity measures. Finally, Part III argues that the proposed active defense model fails to comport with practical concerns and established legal principles. This Note’s comparative analysis of common law ‘defense of property’ principles and …
A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir
A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir
Indiana Law Journal
Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.
Our survey is the first comprehensive examination of the intersection of …
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
Faculty Scholarship
No abstract provided.
Authority And Authors And Codes, Michael J. Madison
Authority And Authors And Codes, Michael J. Madison
Articles
Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden by the CFAA. Courts are divided in their interpretation of this language in the statute. This Article first proposes to address the issue with an insight from social science research. Neither criminal nor civil liability under the CFAA should attach unless the alleged violator has transgressed some border or boundary that is rendered visible …
Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs
Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs
Loyola of Los Angeles Law Review
No abstract provided.
When The Default Is No Penalty: Negotiating Privacy At The Ntia, Margot E. Kaminski
When The Default Is No Penalty: Negotiating Privacy At The Ntia, Margot E. Kaminski
Publications
Consumer privacy protection is largely within the purview of the Federal Trade Commission. In recent years, however, the National Telecommunications and Information Administration (NTIA) at the Department of Commerce has hosted multistakeholder negotiations on consumer privacy issues. The NTIA process has addressed mobile apps, facial recognition, and most recently, drones. It is meant to serve as a venue for industry self-regulation. Drawing on the literature on co-regulation and on penalty defaults, I suggest that the NTIA process struggles to successfully extract industry expertise and participation against a dearth of federal data privacy law and enforcement. This problem is most exacerbated …