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Full-Text Articles in Computer Law

Tax Compliance In A Decentralizing Economy, Manoj Viswanathan Feb 2018

Tax Compliance In A Decentralizing Economy, Manoj Viswanathan

Georgia State University Law Review

Tax compliance in the United States has long relied on information from centralized intermediaries—the financial institutions,employers, and brokers that help ensure income is reported and taxes are paid. Yet while the IRS remains tied to these centralized entities,consumers and businesses are not. New technologies, such as sharing economy platforms (companies such as Airbnb, Uber, and Instacart)and the blockchain (the platform on which various cryptocurrencies are based) are providing new, decentralized options for exchanging goods and services.

Without legislative and agency intervention, these technologies pose a critical threat to the reporting system underlying domestic and international tax ...


Use Of House Arrest In The Context Of The Respecting The Constitutional Rights Of An Individual In Russia, Svetlana Afanasieva 2365999, Irina Kilina Feb 2018

Use Of House Arrest In The Context Of The Respecting The Constitutional Rights Of An Individual In Russia, Svetlana Afanasieva 2365999, Irina Kilina

Journal of Digital Forensics, Security and Law

The authors analyze the selection of preventive measures in the form of house arrest in Russian criminal procedures on the basis of universal and European standards of guaranteeing respect for individual rights. The article states that the application of preventive measures significantly restricts the right to protect the dignity of the individual, the right to freedom and personal inviolability, the right to free movement, choose the place of residence. The authors argue for the alternative method of applying the house arrest. as a form of prevention This preventive measure, unlike detention does not provide for the isolation of a person ...


Back Matter, Adfsl Feb 2018

Back Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl Feb 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Contents, Adfsl Feb 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Décryptage De La Loi Portant Code Du Numérique En République Du Bénin, Julien Coomlan Hounkpe Feb 2018

Décryptage De La Loi Portant Code Du Numérique En République Du Bénin, Julien Coomlan Hounkpe

Julien C. Hounkpe

La République du Bénin est l’un des premiers États africains à procéder à la mise en place d’un véritable Code, qui réunit l’ensemble des dispositions légales applicables à tous les aspects juridiques des activités numériques. Il semble intéressant de fixer le contenu du Code par une lucarne générale puis au moyen de ses innovations essentielles.   


Hacking The Internet Of Things: Vulnerabilities, Dangers, And Legal Responses, Sara Sun Beale, Peter Berris Feb 2018

Hacking The Internet Of Things: Vulnerabilities, Dangers, And Legal Responses, Sara Sun Beale, Peter Berris

Duke Law & Technology Review

The Internet of Things (IoT) is here and growing rapidly as consumers eagerly adopt internet-enabled devices for their utility, features, and convenience. But this dramatic expansion also exacerbates two underlying dangers in the IoT. First, hackers in the IoT may attempt to gain control of internet-enabled devices, causing negative consequences in the physical world. Given that objects with internet connectivity range from household appliances and automobiles to major infrastructure components, this danger is potentially severe. Indeed, in the last few years, hackers have gained control of cars, trains, and dams, and some experts think that even commercial airplanes could be ...


Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan Feb 2018

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan

University of Massachusetts Law Review

Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make ...


Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring Feb 2018

Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring

Diane M. Ring

A review of Michael Hatfield, Cybersecurity and Tax Reform, 93 Ind. L.J., scheduled to be published in Spring 2018.


Decryptage De La Loi Portant Code Du Numérique Au Bénin, Julien C. Hounkpe Feb 2018

Decryptage De La Loi Portant Code Du Numérique Au Bénin, Julien C. Hounkpe

Julien C. Hounkpe

La République du Bénin est l’un des premiers États africains à procéder à la mise en place d’un véritable Code, qui réunit l’ensemble des dispositions légales applicables à tous les aspects juridiques des activités numériques. Il semble intéressant de fixer le contenu du Code par une lucarne générale puis au moyen de ses innovations essentielles.


Trademark Issues Relating To Digitalized Flavor, John T. Cross Jan 2018

Trademark Issues Relating To Digitalized Flavor, John T. Cross

Yale Journal of Law and Technology

Over the past three decades, most people have become accustomed to dealing with music, film, photography, and other expressive media stored in digital format. However, while great strides have been made in digitalizing what we see and hear, there has been far less progress in digitalizing the other senses. This lack of progress is especially evident for the chemical senses of smell and taste. However, all this may soon change. Recently, several groups of researchers have commenced various projects that could store odors and flavors in a digital format, and replicate them for humans.


Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers Jan 2018

Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers

Yale Journal of Law and Technology

There has been increasing interest in the transformative power of not only crypto-currencies like Bitcoin, but also the technology underlying them-namely blockchain. To the uninitiated, a blockchain is a sophisticated, distributed online ledger that has the potential, according to Goldman Sachs, to "change 'everything."' From making businesses more efficient to recording property deeds to engendering the growth of 'smart' contracts, blockchain technology is now being investigated by a huge range of organizations and is attracting billions in venture funding. Even the U.S. Defense Advanced Research Projects Agency (DARPA) is investigating blockchain technology to "create an unhackable messaging system."


Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm Jan 2018

Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm

Yale Journal of Law and Technology

This article examines some of the inherent inequities that

exist for music vocalists under the United States Copyright Act and related music industry practices, due to the limited scope of protection given to sound recordings and the absence of an express inclusion of nondramatic music performance as a protected work under Section 102(a). It argues for expansion of the rights afforded to include, for music vocalists with respect to nondramatic works, an inalienable copyright, separate from the sound recording copyright, based upon a sole right of authorship in their performance as an applied composition, once fixed. It also argues ...


Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund Jan 2018

Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund

Yale Journal of Law and Technology

Under existing law, social media information communicated through behind password -protected pages receives no reasonable expectation of privacy. The Note argues that the Fourth Amendment requires a greater degree of privacy protection for social media data. Judicial and legislative activity provides indicia of a willingness to reconsider citizens' reasonable expectation of privacy and reverse an anachronistic equation of privacy with secrecy.
Government monitoring of private social media pages constitutes a deeply invasive form of surveillance and, if government agents employ covert tactics to gain access to private social media network s, then the Fourth Amendment controls government use of that ...


Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn Jan 2018

Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn

Yale Journal of Law and Technology

The transfer of data across borders support s trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives such as national security, public morals or public order, and privacy. Such domestic measures create potential concerns under both international trade law and international investment law. Accordingly, recent trade and investment negotiations such as the Trans-Pacific Partnership Agreement (TPP) include specific provisions mandating the permissibility of cross-border data transfer and prohibiting data localization in certain ...


Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B Van De Velde, N Bol, B Van Es, C De Vreese Jan 2018

Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B Van De Velde, N Bol, B Van Es, C De Vreese

Yale Journal of Law and Technology

Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products,
information, and people; they increasingly customize our physical environments, including the temperature and the mood .


Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati Jan 2018

Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati

Yale Journal of Law and Technology

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore whether respondents can distinguish native advertising and "regular" ads from unpaid content, using 16 native ads, 5 ''regular" ads, and 8 examples of news / editorial content, drawn from multiple sources and plat forms. Overall, only 37% of respondents thought that the tested examples of native
advertising were paid content, compared to 81% for "regular" advertising, with variation ...


When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen Jan 2018

When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen

Yale Journal of Law and Technology

Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees' hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing bad actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees' paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly ...


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert Jan 2018

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


Forward, Curtis E.A. Karnow Dec 2017

Forward, Curtis E.A. Karnow

Curtis E.A. Karnow

This Forward to a new book on artificial intelligence (AI) and the law begins by describing how law changes over time. It explains how technological development and economic investment influence these changes as judges are compelled to choose analogies from precedent. The Forward summarizes recent developments in self-teaching systems and outlines some of the legal issues AI is likely to pose.


Intercepción De Meta Datos De Comunicaciones A Través De Telefonos Móviles. El Imsi Catcher Y Su Regulación En El Ordenamiento Procesal Penal Alemán, Dario Nicolas Rolon Dec 2017

Intercepción De Meta Datos De Comunicaciones A Través De Telefonos Móviles. El Imsi Catcher Y Su Regulación En El Ordenamiento Procesal Penal Alemán, Dario Nicolas Rolon

Dario Nicolas Rolon

Este artículo se ocupa de la legislación del denominado IMSI-Catcher bajo
la Ley Alemana de Procedimientos Penales (§100i StPO), y la Ley Constitucional Alema-
na. El IMSI-Catcher es un dispositivo técnico diseñado por la firma Rhode and Schwarz
en 1996 para la búsqueda, identificación y almacenamiento de la identidad internacional
móvil de suscriptor (IMSI), para determinar la identidad internacional del equipo móvil
(IMEI) y para localizar a los usuarios del dispositivo móvil conectado al sistema de red
global de comunicación móvil (en sus siglas en inglés «GMS»). El marco legal del IMSI-
Catcher en Alemania ha sido durante mucho tiempo ...


Black Letter Law, Dan Svantesson Dec 2017

Black Letter Law, Dan Svantesson

Law Faculty Publications

[Extract] The topic of how well the tool of black letter law works in the Internet law setting is of course huge, and associated with obvious definitional challenges. To point to but one; how ought we define “black letter law” in our present legal culture where legal rules necessarily must take account of the technical reality in which they operate? Indeed, given Wikipedia’s definition of “black letter laws” as laws that are “the well-established technical legal rules that are no longer subject to reasonable dispute,” one may legitimately question whether we can speak of any real black letter law ...


Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring Dec 2017

Cybersecurity And Tax Information: A Vicious Cycle?, Diane Ring

Boston College Law School Faculty Papers

A review of Michael Hatfield, Cybersecurity and Tax Reform, 93 Ind. L.J., scheduled to be published in Spring 2018.


A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller Dec 2017

A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller

Russell A. Miller

Germany is widely regarded as a global model for the privacy protection its constitutional regime offers against intrusive intelligence-gathering and law enforcement surveillance. There is some basis for Germany’s privacy “exceptionalism,” especially as the text of the German Constitution (“Basic Law”) provides explicit textual protections that America’s Eighteenth Century Constitution lacks. The German Federal Constitutional Court has added to those doctrines with an expansive interpretation of the more general rights to dignity (Basic Law Article 1) and the free development of one’s personality (Basic Law Article 2). This jurisprudence includes constitutional liberty guarantees such as the absolute ...


An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short Dec 2017

An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short

Maine Law Review

The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article ...


Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky Dec 2017

Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky

Maine Law Review

Our personal information is constantly being recorded, stored and analyzed. Commercial entities watch our every action, storing this data and analyzing it in conjunction with information acquired from third parties. These entities use this knowledge to their benefit (and at times, our detriment) by discriminating between various customers on the basis of this personal information. At the same time, in the media market, large conglomerates can now provide specifically tailored content to individual customers on the basis of such data, thus potentially controlling their perspectives and impairing their autonomy. The expanding use of data mining applications, which enable vendors to ...


Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen Dec 2017

Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen

Maine Law Review

The subject matter we are going to talk about is variously named and the words have some resonances of importance. I am going to use the phrase “Free Software” to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.


Regulating Black-Box Medicine, W. Nicholson Price Ii Dec 2017

Regulating Black-Box Medicine, W. Nicholson Price Ii

Michigan Law Review

Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they ...


A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller Nov 2017

A Pantomime Of Privacy: Terrorism And Investigative Powers In German Constitutional Law, Russell A. Miller

Boston College Law Review

Germany is widely regarded as a global model for the privacy protection its constitutional regime offers against intrusive intelligence-gathering and law enforcement surveillance. There is some basis for Germany’s privacy “exceptionalism,” especially as the text of the German Constitution (“Basic Law”) provides explicit textual protections that America’s Eighteenth Century Constitution lacks. The German Federal Constitutional Court has added to those doctrines with an expansive interpretation of the more general rights to dignity (Basic Law Article 1) and the free development of one’s personality (Basic Law Article 2). This jurisprudence includes constitutional liberty guarantees such as the absolute ...


Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin Nov 2017

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Jens David Ohlin

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear ...