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Articles 1 - 29 of 29
Full-Text Articles in Computer Law
Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan
Book Review Rethinking The Jurisprudence Of Cyberspace, David Cowan
Canadian Journal of Law and Technology
It is a common claim that law is always catching up with technology. This is not entirely fair. The European Union’s General Data Protection Regulation1 (GDPR) could be viewed as a case of technology having to catch up to the law. That said, clearly there are challenges in law and in the legal profession, both in terms of how the law can adapt to changes in the digital world and the disruption of the legal profession. On the former point, there are perhaps three broad schools of thought: existing law is sufficient for adapting to new technological challenges, as it …
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller
In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller
International Law Studies
States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …
Dancing On The Grave Of Copyright?, Anupam Chander, Madhavi Sunder
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
The Past And Future Of The Internet: A Symposium For John Perry Barlow, James Boyle
Duke Law & Technology Review
No abstract provided.
A Declaration Of The Independence Of Cyberspace, John Perry Barlow
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
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
A Declaration Of The Mission Of University In Barlowspace, Charles R. Nesson
Duke Law & Technology Review
No abstract provided.
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
The Enigma Of Digitized Property A Tribute To John Perry Barlow, Pamela Samuelson, Kathryn Hashimoto
Duke Law & Technology Review
No abstract provided.
What Didn’T Happen: An Essay In Speculation, Peter Jaszi
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
The Past And Future Of The Internet: A Symposium For John Perry Barlow
Duke Law & Technology Review
No abstract provided.
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia
Seattle University Law Review
The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Faculty Scholarship
The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
War In The Expanse: The Metaphysics Of Cyberspace, Roy Balleste
Canadian Journal of Law and Technology
No abstract provided.
No. 9 - Cybersecurity And National Defense: Building A Public-Private Partnership, Rebecca H. White, C. Donald Johnson, Loch K. Johnson, Quentin E. Hodgson, Jamil Jaffer, Clete D. Johnson, Victoria Woodbine, Timothy L. Meyer, Adam Golodner, Barry Hensley, Andrea Matwyshyn, Jacob Olcott
No. 9 - Cybersecurity And National Defense: Building A Public-Private Partnership, Rebecca H. White, C. Donald Johnson, Loch K. Johnson, Quentin E. Hodgson, Jamil Jaffer, Clete D. Johnson, Victoria Woodbine, Timothy L. Meyer, Adam Golodner, Barry Hensley, Andrea Matwyshyn, Jacob Olcott
Occasional Papers Series
Organized and sponsored by the Dean Rusk Center for International Law and Policy, Cybersecurity and National Defense: Building a Public-Private Partnership was a daylong conference exploring issues related to the national security dimensions of cyber attacks as well as the role of the private sector in addressing cybersecurity risks. The overarching theme was the scope of public-private collaboration in addressing cybersecurity risks and the potential for future cooperation between government and the private sector. Clete D. Johnson, Chief Counsel for Cybersecurity at the Federal Communications Commission gave a lunchtime address on the FCC’s approach to communications security in the Internet …
International Cyberspace: From Borderless To Balkanized???, Beverley Earle, Gerald A. Madek
International Cyberspace: From Borderless To Balkanized???, Beverley Earle, Gerald A. Madek
Georgia Journal of International & Comparative Law
No abstract provided.
Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin
Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Harassment Through Digital Media: A Cross-Jurisdictional Comparative Analysis On The Law On Cyberstalking, Warren B. Chik
Harassment Through Digital Media: A Cross-Jurisdictional Comparative Analysis On The Law On Cyberstalking, Warren B. Chik
Warren Bartholomew Chik
The cyber world is an extension of the real world. It is another dimension where we can work, study and play. But people also tend to lose their inhibitions on the Internet, often while keeping their anonymity. Because of the perceived and real freedoms in the digital environment, people are emboldened to act in ways that they may not normally do in the real world. One recent phenomenon that is steadily becoming a problem in every country with a high level of electronic connectivity is the act of cyberstalking. The electronic medium is an important factor due to its very …
Cybercrime, Ronald C. Griffin
Cybercrime, Ronald C. Griffin
Journal Publications
This essay recounts campaigns against privacy; the fortifications erected against them; and hi-jinx attributable to hackers, crackers, and miscreants under the Fair Credit Reporting Act.
A Portrait Of The Internet As A Young Man, Ann Bartow
A Portrait Of The Internet As A Young Man, Ann Bartow
Law Faculty Scholarship
In brief, the core theory of Jonathan Zittrain’s1 2008 book The Future of the Internet - and How to Stop It is this: good laws, norms, and code are needed to regulate the Internet, to prevent bad laws, norms, and code from compromising its creative capabilities and fettering its fecund flexibility. A far snarkier if less alliterative summary would be “We have to regulate the Internet to preserve its open, unregulated nature.” Zittrain posits that either a substantive series of unfortunate Internet events or one catastrophic one will motivate governments to try to regulate cyberspace in a way that promotes …
Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow
Law Faculty Scholarship
In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
How Far Have We Come, And Where Do We Go From Here: The Status Of Global Computer Software Protection Under The Trips Agreement, Aaron D. Charfoos
Northwestern Journal of International Law & Business
The TRIPS agreement made significant advances over the pre-TRIPS international regime with respect to the protection of computer software. There are at least two significant advances. First, computer software protections have been embedded into the new dispute resolution procedures. Second, both object and source code are protected under the copyright sections of the Agreement. The dispute resolution procedures provide back-end protection (protection after offenses have occurred), while new copyright provisions provide affirmative front-end protection (protection deterring such offenses). However, the Agreement could have, and should have, gone farther to protect the software industry. By not formally deciding on the ability …
Trusting And Non-Trusting On The Internet Symposium: Trust Relationships, Tamar Frankel
Trusting And Non-Trusting On The Internet Symposium: Trust Relationships, Tamar Frankel
Faculty Scholarship
The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace …
Internet Jurisdiction Today, Adria Allen
Internet Jurisdiction Today, Adria Allen
Northwestern Journal of International Law & Business
This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas
Richmond Journal of Law & Technology
In one way or another, the Internet has affected or will affect our lives in a profound fashion. The Internet has fundamentally changed the way society works and plays by providing an inexpensive medium to obtain information and communicate with others. The current generation of children will be educated through computer communication, rather than from the confines of a dusty library with outdated books. However, the benefits of rapid Internet development have also opened a Pandora's box of legal issues and concerns which merit careful consideration. With roots in over 160 countries, and without a centralized authority, many now consider …
Law In Cyberspace, Fred H. Cate