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Computer Law Commons

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Articles 1 - 20 of 20

Full-Text Articles in Computer Law

A Political Economy Of Utopia?, Yochai Benkler Aug 2019

A Political Economy Of Utopia?, Yochai Benkler

Duke Law & Technology Review

No abstract provided.


Barlow's Legacy, Cory Doctorow Aug 2019

Barlow's Legacy, Cory Doctorow

Duke Law & Technology Review

No abstract provided.


Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder Aug 2019

Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder

Duke Law & Technology Review

No abstract provided.


The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle Aug 2019

The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle

Duke Law & Technology Review

No abstract provided.


Is The Internet Over?! (Again?), James Boyle Aug 2019

Is The Internet Over?! (Again?), James Boyle

Duke Law & Technology Review

No abstract provided.


Inventing The Future: Barlow And Beyond, Cindy Cohn Aug 2019

Inventing The Future: Barlow And Beyond, Cindy Cohn

Duke Law & Technology Review

No abstract provided.


Imaginary Bottles, Jessica Litman Aug 2019

Imaginary Bottles, Jessica Litman

Duke Law & Technology Review

No abstract provided.


A Declaration Of The Independence Of Cyberspace, John Perry Barlow Aug 2019

A Declaration Of The Independence Of Cyberspace, John Perry Barlow

Duke Law & Technology Review

No abstract provided.


Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow Aug 2019

Selling Wine Without Bottles: The Economy Of Mind On The Global Net, John Perry Barlow

Duke Law & Technology Review

No abstract provided.


A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson Aug 2019

A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson

Duke Law & Technology Review

No abstract provided.


Revisiting Barlow's Misplaced Optimism, Benjamin Edelman Aug 2019

Revisiting Barlow's Misplaced Optimism, Benjamin Edelman

Duke Law & Technology Review

No abstract provided.


Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen Aug 2019

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Duke Law & Technology Review

No abstract provided.


The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto Aug 2019

The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto

Duke Law & Technology Review

No abstract provided.


John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain Aug 2019

John Perry Barlow’S Call For Persuasion Over Power, Jonathan L. Zittrain

Duke Law & Technology Review

No abstract provided.


What Didn’T Happen: An Essay In Speculation, Peter Jaszi Aug 2019

What Didn’T Happen: An Essay In Speculation, Peter Jaszi

Duke Law & Technology Review

No abstract provided.


The Past And Future Of The Internet: A Symposium For John Perry Barlow Aug 2019

The Past And Future Of The Internet: A Symposium For John Perry Barlow

Duke Law & Technology Review

No abstract provided.


Where To Prosecute Cybercrimes, Jacob T. Wall May 2019

Where To Prosecute Cybercrimes, Jacob T. Wall

Duke Law & Technology Review

Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus public confidence in the criminal justice system. Constitutionally, crimes must be prosecuted in the states and districts in which they were committed. However, the rise of cybercrime has complicated the venue inquiry: cyberspace, the domain of cybercrime, and physical space have become increasingly decoupled. Consequently, under America’s primary but dated cybercrime law, the ideal location for a trial may not be a constitutionally proper …


Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire Nov 2018

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …


Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer Mar 2018

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership …


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 …