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Articles 1 - 30 of 58
Full-Text Articles in Computer Law
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Brooklyn Journal of International Law
Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …
Easing The Burdens Of A Patchwork Approach To Data Privacy Regulation In Favor Of A Singular Comprehensive International Solution—The International Data Privacy Agreement, Scott Resnick
Brooklyn Journal of International Law
Data privacy has become one of the premier hot-button issues in today’s increasingly digital human experience. Legislatures around the globe have attempted to act swiftly in an effort to safeguard the highly coveted personal information of their citizens and combat misuse at the hands of international businesses operating with an online presence. Since the European Union’s enactment of the General Data Protection Regulation (GDPR) in 2018, countries around the globe have been grappling with how best to replicate the EU’s leading data privacy regulation while providing the same or greater level of transparency into data collection practices. While a mere …
News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer
News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer
Washington Journal of Law, Technology & Arts
During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …
Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas
Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley
Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Richard Susskind, Online Courts And The Future Of Justice (Oxford: Oxford University Press, 2019), David Cowan
Richard Susskind, Online Courts And The Future Of Justice (Oxford: Oxford University Press, 2019), David Cowan
Canadian Journal of Law and Technology
There are times when the essential nature of something is simply viewed as ‘nice to have’ until a paradigmatic shift turns the essential into a necessity, and necessity in technological change is not so much the mother of invention as the parent of behavioural change. This point is made clear by the Covid-19 pandemic, which has forced courts to put online and remote working at centre stage. There is a natural yearning to go back to ‘normal,’ but questions arise as to whether online courts are a good idea and whether attempts to work online and remotely will survive the …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Preservation Requests And The Fourth Amendment, Armin Tadayon
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
Keeping The Zombies At Bay: Fourth Amendment Problems In The Fight Against Botnets, Danielle Potter
Keeping The Zombies At Bay: Fourth Amendment Problems In The Fight Against Botnets, Danielle Potter
Washington and Lee Journal of Civil Rights and Social Justice
You may not have heard of a botnet. If you have, you may have linked it to election shenanigans and nothing else. But if you are reading this on a computer or smartphone, there is a good chance you are in contact with a botnet right now.
Botnets, sometimes called “Zombie Armies,” are networks of devices linked by a computer virus and controlled by cybercriminals. Botnets operate on everyday devices owned by millions of Americans, and thus pose a substantial threat to individual device owners as well as the nation’s institutions and economy.
Accordingly, the United States government has been …
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
Dickinson Law Review (2017-Present)
Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.
To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …
Poland’S Challenge To Eu Directive 2019/790: Standing Up To The Destruction Of European Freedom Of Expression, Michaela Cloutier
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 …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
“My Computer Is My Castle”: New Privacy Frameworks To Regulate Police Hacking, Ivan Škorvánek, Bert-Jaap Koops, Bryce Clayton Newell, Andrew Roberts
BYU Law Review
Several countries have recently introduced laws allowing the police to hack into suspects’ computers. Legislators recognize that police hacking is highly intrusive to personal privacy but consider it justified by the increased use of encryption and mobile computing—both of which challenge traditional investigative methods. Police hacking also exemplifies a major challenge to the way legal systems deal with, and conceptualize, privacy. Existing conceptualizations of privacy and privacy rights do not always adequately address the types and degrees of intrusion into individuals’ private lives that police hacking powers enable.
Traditional privacy pillars such as the home and secrecy of communications do …
Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff
Testimony Of Joshua D. Sarnoff Senate Judiciary Committee, Ip Subcommittee June 4, 2019, Joshua D. Sarnoff
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz
Regents Of Univ. Of California V. Broad Inst., Inc., 903 F.3d 1286 (Fed. Cir. 2018), Ali Albazzaz
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani
A Note On Mayo Foundation For Medical Education And Research V. Iancu, Florence Montarmani
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
What's Going On With Copyright Trolls?, Edward Grahovec
What's Going On With Copyright Trolls?, Edward Grahovec
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell
The Constitutionality Of The Hear Act: Empowering American Courts To Return Holocaust-Era Artwork And Honor History, Jennifer A. Kreder, Virginia L. Schell
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
The First Amendment And Data Privacy: Securing Data Privacy Laws That Withstand Constitutional Muster, Kathryn Peyton
Pepperdine Law Review
Given the growing ubiquity of digital technology’s presence in people’s lives today, it is becoming increasingly more necessary to secure data privacy protections. People interact with technology constantly, ranging from when engaging in business activates, such as corresponding through emails or doing research online, to more innocuous activities like driving, shopping, or talking with friends and family. The advances in technology have made possible the creation of digital trails whenever someone interacts with such technology. Companies aggregate data from data trails and use predictive analytics to create detailed profiles about citizen-consumers. This information is typically used for profit generating purposes. …
Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier
Debugging Irs Notice 2014-21: Creating A Viable Cryptocurrency Taxation Plan, Alex Ankier
Brooklyn Law Review
In 2014, the Internal Revenue Service (IRS) issued Notice 2014-21 in an attempt to address issues with cryptocurrency taxation, essentially reaching the conclusion that cryptocurrency must be treated like property for purposes of taxation. In the time since the IRS pronouncement, several academics have called for an alternative treatment known as “currency treatment.” Each treatment inadequately addresses the comprehensive issues surrounding cryptocurrency because they offer wholesale treatment to nuanced issues with valid concerns from each side. To truly allow this emerging industry to flourish and gain societal acceptance, artful policymaking is required. This note provides an example of such policymaking. …
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Saving Small Business From The Big Impact Of Data Breach: A Tiered Federal Approach To Data Protection Law, Nadia Udeshi
Brooklyn Journal of Corporate, Financial & Commercial Law
Small businesses provide a significant positive impact on the American economy. However, the current fragmented federal and state data protection and breach notification legal scheme puts the viability of small businesses at risk. While the probability of data breaches occurring continues to increase, small businesses lack the financial and technological resources to contend with the various state and federal laws that impose different monetary penalties and remedial requirements in the event of such breaches. To preserve the viability of small businesses, Congress should enact a centralized, multi-tiered federal data protection and breach notification framework that preempts state laws, imposes minimum …
Developing Privacy Best Practices For Direct-To-Public Legal Apps: Observations And Lessons Learned, Teresa Scassa, Amy Salyzyn, Jena Mcgill, Suzanne Bouclin
Developing Privacy Best Practices For Direct-To-Public Legal Apps: Observations And Lessons Learned, Teresa Scassa, Amy Salyzyn, Jena Mcgill, Suzanne Bouclin
Canadian Journal of Law and Technology
Canada’s access to justice problem is undeniable. Too many people are unable to get the help they need when they experience legal issues. The reasons underlying this problem are multi-faceted and complex. One major barrier to effectively accessing justice is the cost of legal services; the fees associated with hiring a lawyer are often prohibitive. Increasingly, technology is advanced as a potential solution to the unaffordability of conventional legal services. Courts have tried to create efficiencies by, for example, allowing for e-filing and video- conferenced testimony, where appropriate. For lawyers, new technology products emerge almost daily to help streamline tasks …
Can Pipeda ‘Face’ The Challenge? An Analysis Of The Adequacy Of Canada’S Private Sector Privacy Legislation Against Facial Recognition Technology, Tunca Bolca
Canadian Journal of Law and Technology
Facial recognition technology is one of the most intrusive and privacy threatening technologies available today. The literature around this technology mainly focuses on its use by the public sector as a mass surveillance tool; however, the private sector uses of facial recognition technologies also raise significant privacy concerns. This paper aims to identify and examine the privacy implications of the private sector uses of facial recognition technologies and the adequacy of Canada’s federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), in addressing these privacy concerns. Facial templates produced and recorded by these technologies are …
Searches Of The Person: A New Approach To Electronic Device Searches At Canadian Customs, Justin Doll
Searches Of The Person: A New Approach To Electronic Device Searches At Canadian Customs, Justin Doll
Canadian Journal of Law and Technology
What goes through your mind at customs? As you wait in that folded line, edging closer to a row of enclosed booths manned by uniformed officers, surrounded by security cameras and warning signs? Perhaps you’re trying to act naturally, then wondering if it shows? Perhaps you’re mentally recalculating the amount you’ve scribbled onto your customs declaration? Or perhaps you’re exhausted from your flight, maybe nursing a bit of a hangover, not thinking about much at all? When you finally get to the front of the line, how do you expect your conversation with the customs officer to go?
According to …
A Better Act, More Bad Behaviour Online: Nova Scotia’S New Intimate Images And Cyber-Protection Act Goes To Court, Jennifer Taylor
A Better Act, More Bad Behaviour Online: Nova Scotia’S New Intimate Images And Cyber-Protection Act Goes To Court, Jennifer Taylor
Canadian Journal of Law and Technology
There is now a reported decision under Nova Scotia’s new Intimate Images and Cyber-protection Act,1 which came into force in July 2018 after the previous legislation, the Cyber-safety Act,2 was struck down as unconstitutional.3
The case, Candelora v. Feser,4 was set against the backdrop of a bitter family law dispute. Dawna Candelora (the Applicant), alleged that her former spouse Trevor Feser and his new partner Sonia Dadas (the Respondents) were cyber- bullying her through an unrelenting stream of negative Facebook posts.
Justice Joshua Arnold of the Supreme Court of Nova Scotia found that the Respondents had engaged in cyber-bullying and …
Case Comment: British Columbia (Attorney General) V. Brecknell, David T. Fraser
Case Comment: British Columbia (Attorney General) V. Brecknell, David T. Fraser
Canadian Journal of Law and Technology
In a day and age where a large portion of both innocent and criminal communications travel across the border and then reside on servers outside of the country, many Canadian police and prosecutors were understandably excited by the British Columbia Court of Appeal’s decision in Brecknell. This case concludes that a Canadian court can order an entity that is only ‘‘virtually present” to produce records pursuant to a Criminal Code production order.
While it is a case that deals with a compelling issue faced by Canadian law enforcement in an environment where hundreds of such orders are issued naming US …
Reflections On The Influence Of Social Media On Judging, Peter D. Lauwers Justice
Reflections On The Influence Of Social Media On Judging, Peter D. Lauwers Justice
Canadian Journal of Law and Technology
This essay examines the influence of social media on judging. While the ethical implications of judges’ engagement in social media have received some scholarly attention, the actual influence of social media on judging has not.1 But it is possible to make some useful observations that might at once seem obvious and disquieting.
This essay is divided into four parts. Part 1 describes the normative judicial disposition. Part 2 examines the psychology of judging. Part 3 asks what could go wrong with the judicial use of social media. Part 4 describes a stance judges might take towards social media.
Book Review: The Long Journey To Software Valuation: Risks And Rewards Ahead By Dwight Olson, Duncan C. Card
Book Review: The Long Journey To Software Valuation: Risks And Rewards Ahead By Dwight Olson, Duncan C. Card
Canadian Journal of Law and Technology
One of the most difficult challenges for any technology start-up, and for its investors, is how to assess the commercial value of their innovative product or service solution. Much-needed guidance on that challenge has finally arrived. Dwight Olson’s The Long Journey To Software Valuation, released on March 1st of this year, provides tremendous assistance for both owners of those assets and all potential investors. In fact, the arrival of Mr. Olson’s book is a relief. As my law practice has been, and remains, devoted to aggressively commercializing technology (including software) for over 25 years, I personally know how welcome …